RULE 11 When to file responsive pleadings

60 days 30 days 15 days

Answer of a defendant juridical entity
- Answer to the complaint
- Answer to amended complaint (matter of right)
- Answer to 3rd (4th etc) party complaint
- Answer to amended complaint (not a matter of right)
- Answer to amended counterclaim, cross-claim,
amended 3rd (4th etc) party complaint, and amended
complaint in intervention
- Reply

RULE 14 Summons
Action in personam
Judgment is for or against a person directly
Jurisdiction over the person is required because they seek to
impose personal responsibility of liability upon a person
Defendant must be a resident of the Philippines, otherwise an
action in personam cannot be brought because jurisdiction over
his person is essential to make a binding decision
If resident but temporarily abroad: substituted service of
summons OR publication (with prior leave of court)
Action in rem Action Quasi in Rem
Against the thing itself One brought against persons seeking to subject the property of
such persons to the discharge of the claims assailed
An individual is named as defendant and the purpose of the
proceeding is to subject his interest therein to the obligation or
loan burdening the property
Jurisdiction over the person of the defendant is not essential so long as the court acquires jurisdiction over the res. However, to
satisfy the requirements of due process, jurisdiction over the parties in in rem and quasi in rem actions is required
If nonresident
- Personal
- Extraterritorial service (publication)
- Other manner deemed sufficient by the court

RULE 24 Depositions before Action or Pending action

When GR: Deponent must be presented or oral examination in open court during the hearing
E: The ff. circumstnaces apply for limited use:
- Used by any party for purpose of contradicting or impeaching the testimony of the deponent as witness
- Deposition of party or officer, director or managing agent of a public of private corporation, partnership, or association which is a party may be used by an adverse
party for any purpose
- Deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds that:
o Witness dead
o Witness is at a distance of more than 100 km from the place of trial or hearing, or out of the PH, unless absence was procured by party offering depo
o Witness unable to attend because of age, sickness, infirmity or imprisonment
o Party offering deposition has been unable to procure attendance of witness by subpoena
o Upon application and notice, such exceptional circumstances exist to make it desirable, in the interest of justice with du regard to the importance of
presenting the testimony of witnesses orally in open court, to allow deposition to be used
- If only part of a deposition is offered in evidence by a party, the adverse party may require him or her to introduce all of it which is relevant to the part introduced,
and any party may introduce any other parts
Foreign country - On notice before a secretary or embassy or legation, consul general, consul, vice consul or consular agent of the RP
- Before person or officer as may be appointed by commission o under letters rogatory
- Before any person authorized to administer oath as stipulated in the writing by the parties

RULE 25 Interrogatories to Parties

What is it Elicit material and relevant facts from adverse party
Objections - Require the statements of conclusion of law or answers to hypothetical questions, mere hearsay or matters no within personal knowledge of IP
- Frivolous interrogatories need not be answered

Fail to serve written GR: a party not served with WI may not be compelled by AP to give testimony in open court/deposition pending appeal
interrogatories E: When allowed by the court for good cause and to prevent failure of justice

RULE 39 Execution, satisfaction and Effect of Judgment

What is it Execution shall issue a as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal
therefrom if no appeal has been duly perfected
Execution pending GR: No execution pending appeal (court disfavors execution of a judgment which has not acquired finality)
appeal E: Execution pending appeal may be granted (discretionary) if the ff. reqs are followed
- Motion by the prevailing party with notice to adverse party
- Good reasons for execution pending appeal
- Good reasons must be stated in the special order
Redemption GR: NO right of redemption
E:
- EJ foreclosure – 1 year
- Foreclosure by bank – 1 year
E to E: Where juridical person are mortgagors in an extrajudicial foreclosure
Stay of appeal GR: The judgment of the RTC is stayed by appeal to the CA under Sec. 8(b) of Rule 42
E: Excution of the RTC judgment under Sec. 21, Rule 70 is not discretionary execution but ministerial duty
Venue for revival of If action affects title to or possession of real property, or interest therein – real action that must be filed with the court of the place where the real property is located
judgment If not a real action – it is then a personal action that may be filed with the court of where the plaintiff or defendant resides
Sheriff duty Purely ministerial, when he levies on a property which is claimed by one other than the judgment obligor, the ROC directs him to observe the procedure in Rule 39, Sec. 1
Right of redemption – - Judgment obligor, or his successor in interest in whole or any part of the property
who may redeem real o One to whom the debtor has transferred statutory right of redemption
property sold? o Debtor has conveyed his interest in the property for the purpose of redemption
o Succeeds to the interest of the debtor by operation of law
o One or more joint debtors who were joint owners of the property sold
o Spouse or heirs
- Redemptioner
o Creditor with a. lien subsequent to the judgment which was the basis of the execution sale
o If the lien of the creditor is prior to the judgment un which the property was sold, he is not a redemptioner and cannot redeem because his interest in his
lien are fully protected, since any purchase at public auction of said property takes the same subject to such prior lien which he has to satisfy
o Must prove his right to redeem by producing documents
Valid redemption - Should constitute the full amount paid by the purchaser
requisites - 1% per month interest on the purchase price in addition, up to the time of redemption
- Together with the amount of any assessments or taxed which the purchaser may have paid thereon after purchase
- Interest on the taxes paid by the purchaser at the rate of one percent per month, up ot the time of redemption
- If the purchaser is also a creditor with prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such
other lien, with interest
Commencement of From the date of registration of the certificate of sale or the registration of the sale with the register or deeds
redemption period - Sheriff who prepared the Notice of Levy correctly ascertained the statutes of the real property (as registered/unregistered) but the certificate of sale issue during
the execution was registered under the wrong registry of the RD – effect of wrong registration must prevent the commencement of redemption period (purchaser
at fault)
- The sheriff incorrectly ascertained the status of the real property leading to the registration of the certificate of sale under the wrong RD registry – for the sake of
fairness, wrong reg here should be substantially compliant with the requirement of registration under Sec. 26, Rule 39 of the ROC, sufficient to commence
Write of execution If fail to redeem within reglementary period, entitlement to writ of possession becomes a matter of right, and issuance is merely ministerial.
- Even during period of redemption, purchaser is entitled as of right to the writ provided a BOND is posted
Res judicata Bar by prior judgment Conclusiveness of judgment
 As between the first case where the judgment was rendered and the second case Where there is identity of parties in the first and second, but no identity of cause of
that is sought to be barred, there is identity of parties, subject matter, and causes action, the first is conclusive only as to matters actually and directly controverted
of action. Thus, judgment is an absolute bar to second action and determined and not as to matters merely involved therein
If a particular point or question is in issue in second action, and judgment will
depend on determination of that particular point or question, a former judgment
will be final and conclusive in the second if that same point or question was in issue
and adjudicated in the first
Identity of cause of action is not required but merely identity of issue
Elements of RJ - Judgment sought to bar the new action must be final
- Decision must have been rendered by a court having jurisdiction over the SM and the parties
- Disposition of the case must be a judgment on the merits
- There must be as between the first and second action, identity of parties, subject matter, and cause of action
o Bar by prior judgment – identity of parties, subject matter and cause of action
o Conclusiveness o judgment – between two cases, only identity of parties can be shown, NOT identical COA
o Substantial identity enough
Foreign judgment Prove the foreign decree AND the national law of the alien

RULE 37 Motion for New Trial Motion for Reconsideration

When to file Within the period for taking an appeal
Who make file Aggrieved party
What it do Grant a new trial Set aside the judgment or final order
Grounds Materially affecting the substantial rights of the party: FAME, NDE, ED, E insuff, CTL
1. Fraud, Accident, Mistake, Excusable Negligence (FAME) which ordinary prudence could not have guarded against and by reason of which such aggrieved
party has probably been impaired in his rights
2. Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would
probably alter the result
3. Damages awarded are excessive
4. Evidence is insufficient to justify the decision or final order
5. Decision or final order is contrary to law
Content Proved in a manner provided for proof of motions. Point out specifically the findings or conclusions of the judgment or final order
FOR FAME - shall be supported by affidavits of merits which may be rebutted by which are not supported by evidence or contrary to law, making express
affidavits. reference to the testimonial or documentary evidence or to the provisions for law
FOR NDE – Supported by affidavits of the witnesses by whom such evidence is
expected to be given, or by duly authenticated documents which are proposed to
be introduced as evidence
Second Motion? Based on a ground not existing nor available when the first motion was made, NONE
may be filed within the time provided, excluding the time during which the first
motion was pending.
Effect Original judgment or final order is vacated, and action shall stand for trial de
novo, recorded evidence (material and competent to establish the issues) shall be
used in the new trial without retaking the same
Remedy for denial NOT APPEALABLE, remedy is an appeal FROM THE JUDGMENT OR FINAL ORDER

Certiorari Prohibition Mandamus

What is it Party is ordered to do or refrain from doing a certain
act. It may be the main action or merely a provisional
remedy for and as an incident in the main action
Seeks for a judgment ordering the respondent to desist
from continuing with the commission of an act perceived
to be illegal
Command issuing from a court of competent jurisdiction,
in the name of the state or the sovereign, directed to
some inferior court, tribunal or board, or to some
corporation or person requiring the performance of a
particular duty, which duty results from the official

station of the party to whom the writ is directed or from

operation of law
Where to file SC, CA, Court where action is pending SC, CA, RTC with original concurrent jurisdiction to issue
writs of certiorari, prohibition and manadamus
Against Tribunal, Officer, or Body (TOB) Tribunal, officer, body, person or corporation (TOB-PC)
Function Judicial/Quasi-Judicial Judicial/QJ/Ministerial Ministerial, clear legal right to the relief sought
Grounds 1. Lack or excess of jurisdiction (GADALEJ) 1. Unlawfully neglects performance of a ministerial act
2. No appeal or any plain, speedy or adequate remedy in the ordinary course of law 2. Unlawfully excludes another from the use and
enjoyment of a right or office which he is entitled
--
GR: In the performance of an official duty or act involving
discretion, the corresponding official can only be directed
by mandamus to act, but not to act in one way or
another
E:
- Gross abuse of discretion
- Manifest injustice
- Palpable excess of authority
Relief Annul or modify the proceedings of the Tribunal, Officer For respondent to desist from further proceedings Do an act required to be done to protect petitioner’s
or Body rights

Rule 38 (Relief form judgment, orders or other proceedings)
Grounds Fraud, Accident, Mistake, Excusable Neglect (FAME)
Where to file + Prayer For judgment or final order - Petition to court who rendered the judgment or
final order, praying for the order or proceeding to be set aside
For appeal – Petition to the court who rendered the judgment or final order,
praying that the appeal be given due course
Time Verified, within 60 days from the time the petitioner learns of the judgment,
final order or other proceeding to be set aside; NOT MORE THAN 6 months after
such judgment or final order was entered, or such proceeding was taken
Contents - Affidavits showing the FAME
- Facts constituting the petitioner’s good and substantial cause of
action or defense
Order to file an answer If petition is sufficient in form and substance to justify relief: issue an order
requiring the adverse parties to answer the same within 15 days from the
receipt thereof.
Other reliefs Court may grant a PRELIMINARY INJUNCTION as may be necessary for the
preservation of the rights of the parties
- Upon filing of bond in favor of adverse party
Rule 47 (Annulment of Judgments or final orders and resolutions)
Extrinsic Fraud, lack of jurisdiction (EF, LJ)
E: EF not ground if it was availed of or could have been availed of in a MNT or
petition for relief
Annulment by Court of Appeals of judgments or final orders and resolutions
in civil actions of RTC for which the ordinary remedies of new trial, appeal,
petition for relief or other appropriate remedies are no longer available
through no fault of petitioner
If based on EF – within 4 years from discovery
If based on LJ – before it is barred by laches or estoppel
Verified petition
- Allege particularly the facts and law relied upon for annulment
- Supporting petitioner’s good and substantial cause of action or
defense
- Filed in 7 clearly legible copies
- Certified true copy of the judgment or final order shall be attached
- Must submit together:
o Affidavits of witnesses
o Documents supporting the COA
o Certificate of NFS
May include damages, attorney’s fees and other relief
- If already executed, court may issue restitution or other relief as
justice and equity may warrant under circumstnaces

Proceedings after answer
Effect of judgment
Annulment in MTC
- If the petition is dismissed/petitioner fails on the trial upon merits, he
will pay AP all damages and costs that may be awarded to him by
issuance of such injunction
- Injunction does not operate to discharge or extinguish any lien which
the AP may have acquired upon the property of petitioner
If find allegations are not true, dismiss If no substantial merit in the petition, dismiss outright with specific reasons
If allegations are true, set aside judgment or final order as may be just If prima facie merit found, shall be given due course and summons shall be
- Thereafter, it shall stand as if the J/FO has never been rendered, served on the respondent
issued or taken
- Court proceed to hear and determine the case as if timely motion for
new trial or reconsideration had been granted by it
When denial of appeal set aside, LC required to give due course to the appeal Set aside the questioned judgment or final order and render the same null
and elevate the record of the appealed case as if timely made and voice, without prejudice to the original action being refiled in the proper
court
IF EF = court may on motion order the trial court to try the case as if a timely
motion for ne trial has been granted
Filed with the RTC having jurisdiction over the former, treated as an ordinary
civil action and Sections 2, 3, 4, 7, 8 and 9 of this rule applies

PROVREM RULE 57 Preliminary attachment

What is it Property of and adverse party is taken into legal custody, either at the commencement of an action or at any time thereafter, as a security for the satisfaction of any
judgment that may be recovered by the plaintiff or any proper party
Nature Auxiliary remedy, cannot have an independent existence apart from the main suit or claim instituted by the plaintiff against the defendant (attachment fails if suit itself
cannot be maintained)
Consequences If main action is appealed, attachment is also appealed and so removed from the jurisdiction of the court a quo. (denial of WPA cannot be subject to an appeal)
regarding appeal
Grounds Fraud, show the factual circumstances of alleged fraud (must have intent)
How construed Strictly construed against the applicant, if the requisites are not shown to be present, refrain from issuing it (cannot be a mere general allegation)
Requirements - Affidavit of merit
- Applicant’s bond filed with the court where action is pending
o Amount fixed by court, subject to the conditions that the applicant will pay:
§ All costs which may be adjudged to AP
§ All damages sustained
How to lift - By depositing cash or posting a counter bond
- By proving that it was improper/irregular
- Bond insufficient
- Attachment excessive
- Claim that property is exempt
- Judgment rendered against attaching creditor
Counterbond Stands in place of the property so released, in the amount fixed by court
- When there is already a seizure of the property by sheriff
- Discharged when
o Movent makes a cash deposit or makes a counterbond
o Court hears the motion to discharge the attachment with due notice to the AP
Sec. 12 (Discharge Takes effect upon posting of a counter bond or depositing case, and after hearing to determine the sufficiency of the cash deposit or counterbond
upon giving
counterbond)
Sec. 13 (Discharge Takes effect upon upon showing that the plaintiff’s attachment bond was:
upon other grounds) - improperly or irregularly issued,

- bond insufficient
When to file At commencement of the action or at any time thereafter – filing of complaint (commencement of the action)
- Any time before the summons is served on the defendant, or even before summons are issued
- UPON filing of the complaint and payment of docket fees
Stages 1. Court issues the order granting the application
2. Writ of attachment issues pursuant to the order granting the writ
a. Not yet necessary that jurisdiction over the defendant should be obtained
3. Writ is implemented
a. Once implementation commences, required that there is jurisdiction over the defendant because if without jurisdiction, court has no power to act in any
manner against the defendant
Until when Silent, but jurisprudence dictates that the lien continues until the debt is paid, or the sale is had under execution issued on the judgment, or until judgment is satisfied, or the
attachment is vacated (COMPROMISE does NOT extinguish WPA)
Versus Garnishment WPA – issued at the commencement of the action or at any time before the entry of judgment as security for satisfaction of judgment, court takes custody of property
and Levy on Garnishment – kind of attachment in which the plaintiff seeks to subject either the property of the defendant in the hands of a 3P to his claim or the money in which the 3P
Execution owes to him. Impounds the property in possession of the garnishee and maintains status quo
Levy on execution – writ issued by the court after judgment which the property of the judgment obligor is taken into custody of the court before the sale of the property to
satisfy the judgment. Preliminary step to the sale on execution

PROVREM RULE 58 Preliminary Injunction

What is it A judicial writ, process or proceeding whereby a party is ordered to do or refrain from doing a certain act. It may be the main action or merely a provisional remedy for and
as an incident in the main action
Who may grant ROC – by the court where the action or proceeding is pending. If pending in CA or SC, issued by the court or any member thereof
RA 8975 – GR: No court can issue a TRO or WPI against lawful actions of government agencies that enforce environment laws (E: SC)
OCA Circ 87-2016 – No court shall issue a TRO, PI or PMI against the government, subdivisions, officials or any person or entity, whether public or private acting under
government direction (E:SC)
Sec 6 - Ex Parte Tro – 72 hours only
- De Parte TRO (extend) – no case exceed 20 days, including the original 72 hours
Procedure - Ex parte TRO issued by Executive Judge of a multiple-sala court OR presiding judge of a single sala court
o Matter is of such extreme urgency that grave injustice and irreparable injury will arise unless issued immediately
o Effective for 72 hours only
- The judge will then summon the parties to a conference during which their case will be raffled in their presence
- A summary hearing shall be conducted within 24 hours after the sheriff’s return of service and/or the records are received by the branch selected by raffle
- Before the lapse of the 72 hours, the Presiding Judge to whom the case was raffled shall then conduct a summary hearing to determine whether the TRO can be
extended for another period until the application for preliminary injunction shall be heard
o In no case shall exceed 20 days including the 72 hours
- If the application for preliminary injunction is denied or not resolved within the said period (20 days), the TRO is deemed automatically vacated
Period of effectivity - MTC/RTC – cannot exceed 20 days
- CA or member – 60 days from service
- SC or member – effective until further orders
Final injunction - Final injunction
versus preliminary o Main action
injunction versus TRO o Can exist independently
o Seeks a judgment embodying a final injunction
o Granted as a final order
- Preliminary injunction
o Provisional or ancillary remedy
o Can exist only as part or an incident of an independent action or proceeding
o To prserve the statues quo until merits heard
o Granted at any stage or proceeding prior to the judgment or final order
 o With hearing and prior notice
o A preliminary injunction persists until it is dissolved or until the termination of the action without the court issuing a final injunction
- TRO
o Issued to preserve the status quo until the hearing of the application for preliminary injunction which cannot be issued ex parte
Requisites - Applicant has a clear and unmistakable right to be protected, a right in esse
o Injunction will not issue to protect a right no in esse, or a right which is merely contingent and may never arise since, to be protected by injunction, the
alleged right must be clearly founded on or granted by law or is enforceable as a matter of law
- There is a material and substantial invasion of such right
- There is an urgent need for the writ to prevent irreparable injury to the applicant
- No other ordinary, speedy and adequate remedy exists to prevent the infliction of the irreparable injury
o Damages are irreparable within the maning relative to the issuance of the in junction where there is no standard by which their amount can be measured
with reasonable accuracy
Quantum of proof Prima facie evidence – good and sufficient on its face, sufficient to establish a given fact
Bond Posting a bond is a condition sine qua non for the issuance of a corresponding writ
Criminal prosec GR: Criminal prosecution may not be restrained or stayed by injunction, preliminary or final
E:
- TO afford adequate protection to constitutional rights of accused
- When necessary for orderly administration of justice or to avoid oppression/multiplicity of actions
- When there is a pre-judicial question
- When acts of officer are without or in excess of authority
- When prosecution is under an invalid law, ordinance or regulation
- When DJ apparent
- When court has no jurisdiction over the offense
- When it is a case of persecution rather than prosecution
- Where the charges are manifestly false and motivated by lust for vengeance
- When there is clearly no PF case against the accused and a MTQ has been denied
- Preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of petitioners

PROVREM RULE 59 Receivership

What is it Requires that the property or fund subject of the action is in danger of being lost, removed or materially injured necessitating its protection or preservation
Purpose Prevention of imminent danger to property
Nature Equitable, not appoint a receiver where the rights of the parties depend on the determination of adverse claims of legal title for real property and one party is in possession
Who appointed as GR: Neither party to a litigation should be appointed as a receiver without the consent of the other because a receiver should be a person INDIFFERENT TO THE PARTIES and
receiver should be IMPARTIAL AND DISINTERESTED
- Cant be clerk of court, because they wouldn’t need to file a bond

PROVREM RULE 60 Replevin

What is it An action for the recovery of personal property (Principal and provisional relief)
As principal The objective is to recover possession of personal property that may have been wrongfully detained by another
As provisional Allows a plaintiff to retain the contested property during the pendency of the action. A party may apply for an order for the delivery of the property before the
commencement of the action or at any time before the answer is filed
Preliminary Preliminary Attachment Replevin
attachment versus Available even if recover of personal property is only incident relief in the action Only if principal relief sought is recovery of personal property, relief for damages
Replevin only incidental
Can be resorted to even if personal property is in custody of 3P Can be sought only where defendant is in actual or constructive possession of the
personality involved
Extends to all kinds of property Only personal property capable of manual delivery

To recover possession of personal property unjustly detained, presupposes that it To recover personal property even if it is not being concealed, removed, or
is being concealed, removed or disposed to prevent its being found or taken by the disposed of
applicant
Can be resorted to even if the prop is in custodia legis Not avail if custodia legis
Requirements Must be directed to the officer who is authorized to serve it
Should be served upon the person who not only has possession or custody of the property involved but who is also a party or agent of a party to the action
- If writ issued not to AP but to a person who is neither an agent of the adverse party or person authorized to receive court processes, invalid
Who in favor GR: Right is by reason of his being the owner or having special interest there in
E: In case the right of possession is on the part of the plaintiff, or his authority to claim such possession or that of his principal, is put to great doubt (a contending party
might contest the legal bases for the cause of action or claim of ownership or right of possession)it could be essential to have other persons involved and accordingly
impleaded for a complete determination and resolution of the controversy
What must be shown - Owner
- Clearly entitled to possession of the object sought to be recovered
- Defendant had wrongfully detained the same
Jurisdiction Determined by the amount of the claim alleged in the complaint, not by the value of the chattel seized in ancillary proceedings
Bond Any application on the bond be made after hearing but before the entry of judgment. Otherwise, the surety can no longer be made liable under the bond
- Surety bond remains effective until the action or proceeding is finally resolved or terminated

PROVREM RULE 61 Support Pendente Lite

What is it Support pending the case
Finality Judgment for support does not become final
Nature Right to support allowance is essentially provisional, as alimony may be modified or altered, in accordance with his increased or decreased needs, and with the means of the
giver
Considerations - Resources of the giver
- Necessities of the recipient
Proving amount Evidence must prove the capacity or resources of both of the parties who are jointly obliged to support their children, monthly expenses incurred for the sustenance,
dwelling, clothing, medical attendance, education and transportation of the child
SPICIV RULE 62 Interpleader
What is it Remedy whereby a person who has personal property in his possession, or an obligation to render wholly or partially, without claiming any right to either, comes to court
and asks that the persons who claim the said personal property or those who claim entitlement thereto, be required to litigate among themselves in order to determine
finally who is entitled to the thing
For who Afforded to protect a person not against double liability but DOUBLE VEXATION IN RESPECT OF ONE LIABILITY
Requisites - Plaintiff claims no interest in the subject matter or his claim is not disputed
- There must at least be 2 conflicting claimants
- Parties to be interpleaded must make effective claims and
- Subject matter must be one and the same and not derived from the same source
When to file Need not await actual institution of independent suits against him, should file action within a reasonable time after a dispute has arisen without waiting to be sued
(otherwise, barred by laches or undue delay)
Conflicting claims Conflicting claims upon the same subject matter are or may be made against the plaint-in-interpleader who claims no interest whatever in the subject matter or an interest
which in whole or in part is not disputed by the claimants
Default Adverse claimant may be in default, fails to answer within the required period.
- Consequence: Court may render judgment barring the defaulted claimant from any claim in respect to the subject matter

SPICIV RULE 63 Declaratory Relief and Similar remedies

What is it An action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to determine any question of construction or validity
arising from the instrument, executive order or regulation, or statute, and for a declaration of his rights and duties thereunder
Purpose Secure authoritative statement of the rights and obligations of the parties under a statue, deed or contract for their guidance in the enforcement thereof, and not to settle
issues arising from an alleged breach
Requisites - Subject matter is a deed, will, contract, written instrument, statute, executive order, regulation, or ordinance
 - The terms are doubtful and require judicial construction
- There must have been no breach of the documents in question (if there’s alreadya. Breach, appropriate ordinary civil action filed)
- Justiciable controversy or the ripening of the seeds of one between persons whose interests are adverse
- Ripe of judicial determination
- Adequate relief is not available through other means or other forms of action or proceeding
Another req - Justiciable controversy
- Controversy between persons whose interests are adverse
- The party seeking declaratory relief must have a legal interest in the controvery
- Ripe of judicial determination
Appropriate RTC - Deed, will, contract, WI, statute, ordinance, executive order, regulation
MTC or RTC, - Action for reformation of instrument
depending on the - Action to quiet title
VALUE - Action to consolidate ownership
Improper - Decisions of quasi-judicial agencies

SPICIV RULE 64 Review of judgments and final orders or resolutions of the COMELEC and COA
What is it Petition for review of judgments, final orders or resolutions of the COMELEC or COA (relates to those rendered on the commissions’ exercise of adjudicatory or quasi-
judicial powers)
Against COMELEC or COA
When to file Within 30 days from notice of judgment or resolution
Relief If MR or MNT denied, AP may file the petition WITHIN the remaining period, but which shall not be less than 5 days (MR of Comelec division)
Certified All annexes
Jurisdiction GR: SC cannot take jurisdiction to review interlocutory orders of a COMELEC division
E:
- Prevent miscarriage of justice
- Issue involves a principle of social justice
- Issue involves protection of labor
- Decision or resolution sought to be set aside is a nullity
- Need for relief is extremely urgent and certiorari is the only adequate and speedy remedy available
COA Questions of fact (presence or absence of negligence on the part of the petitioner) cannot be determined under Rul 45. May be brought to the SC on certiorari by AP within
30D from the receipt of the copy thereof

SPICIV RULE 66 Quo Warranto

What is it Proper legal remedy to determine the right or title to the contested public office and to oust the holder from its enjoyment
Against Person who is alleged to have usurped, intruded into, or unlawfully held or exercised the public office
Commenced by SolGen, public prosecutor, any person claiming to be entitled to the public officer or position usurped or unlawfully held or exercised by another
Versus Impeachment Impeachment Quo Warranto
Origin, Nature, purpose Proceeding exercised by the legislative, as representative of the Judicial determination of the eligibility or validity of the election or
sovereign, to vindicate the breach of trust reposed by the people appointment of a public official based on predetermined rules
in the hands of the public officer by determining the public
officer’s fitness to stay in the office
Jurisdiction HOR initiates, senate try and decide Petition brough in the SC, CA, RTC
SB has original jurisdiction
Grounds - Culpable violation of the Constitution - Person who usurps, intrudes into or unlawfully holds or
- Treason exercises a public office, position of franchise
- Bribery - A public officer who does or suffers an act which, by
- Graft and corruption provision of law, constitutes a ground for forfeiture
- Other high crimes
- Betrayal of public trust

- AN association which acts as a corporation within the PH

without being legally incorporated or without lawful
authority so to act
Applicable rules Congress promulgtates rules Rule 66
Limitations No impeachment initiated against the same official within 1 year Petition must be commenced within 1 year after the cause of the
ouster, or the right of the petitioner to hold such office or position
arose
Cause of action Commission of an impeachable offense Lies with the usurping, intruding or unlawfully holding or exercising
of a public office
Relief Conviction for charges will result to removal from the office. Adjudged to cease from holding a public office which he or she is
ineligible to hold
Who can file Individual in his own name, prove that he is entitled to the public office
Period 1 year from the date the petitioner is ousted from is position
Versus Mandamus Mandamus Quo Warranto
Clarifies legal duties, not legal titles Clarifies who has legal right to office or franchise
Respondent, without claiming any right to office, excludes petitioner

SPICIV RULE 67 Expropriation

What is it The action by the state or an authority of taking property from its owner for public use or benefit
Stages - Condemnation of the property after it is determined that its acquisition will be fore public purpose or public use
- Determination of just compensation to be paid for the taking of private property to be made by the court with the assistance of not more than 3 commissioners
(Remedy: appeal)
Responsive pleading Answer
Elements of taking - Expropriator must enter the private property
- Entrance into private property must be for more than a momentary period
- Entry into property should be under warrant or color of legal authority
- Property must be devoted for public use or otherwise informally appropriated or injuriously affected
- The utilization of the property for public use must be in such a way as to out the owner and deprive him of all beneficial enjoyment of the property
Rules on reckoning - If actual taking took place at or subsequent to filing, reckoning point is at the time of filing the complaint
- If actual taking preceded the filing of the complaint or expropriation, just compensation should be reckoned from the Date of actual taking
- If AFTER filing, from filing
- If BEFORE filing, from actual taking
Judicial review - Adequacy of compensation
- Necessity of taking
- Public use character and purpose of taking

SPICIV RULE 68 Foreclosure of REM

What is it Judicial foreclosure – done in accordance with rules prescribed with Court (68)
Extrajudicial Foreclosure – done by sheriff pursuant to the special power of attorney inserted in the mortgage document (Act 3135)
Extrajudicial Reqs - Must have been failure to pay the loan obtained from the mortgagee-creditor
- Loan obligation must be secured by a REM
- Mortgagee-creditor has the right to foreclose the REM either judicially or extrajudicially
Redemption GR: NO right of redemption
E:
- EJ foreclosure – 1 year
- Foreclosure by bank – 1 year
E to E: Where juridical person are mortgagors in an extrajudicial foreclosure
SPICIV RULE 69 Partition
Stages - Determination of whether or not a co-ownershipEffect in fact exists and a partition is proper, it is not otherwise legally proscribed and may be made by voluntary
agreement of all the parties interested in the property
- Commences when the parties are unable to agree upon the partition ordered by the court
Effect Identifies and segregating by metes and bounds the specific portions of the lots assigned to the co-owners and to effect the physical partition thereof

SPICIV RULE 70 Forcible Entry and Unlawful detainer

Forcible entry
Unlawful detainer
Actions for recovery
of RP
- Possession is illegal from the beginning
- Plaintiff deprived of prior physical possession through force, intimidation, threats, strategy or stealth
- No demand to cavate is required by law before filing the action
- One year period counted from actual entry to land
- Allegations
o Prior physical possession
o Deprived of the possession by force, intimidation, threat, strategy, stealth
o Filed within 1 year from actual entry to land (if stealth, 1 year from learning of deprivation)
- Defendant’s possession is legal at beginning but becomes illegal by reason of termination of the lessee’s right over the property
- Prior physical possession is not alleged because the defendant withholds possession after the expiration of his right to possess
- Demand is jurisdictional
- One year counted from last demand
- Allegations
o Defendant’s initial possession was lawful (contract, tolerance)
o Eventually became illegal upon notice of the termination of the right to possession
o Defendant remained in possession of the property and deprived plaintiff of enjoyment
o Plaintiff instituted the complaint within 1 year from last demand to vacate
- Accion interdictal – summary action of FE and UD which is brought within 1 year from dispossession, MTC
- Accion Publiciana – plenary action to recover the right of possession when dispossession has lasted for more than 1 year or when effected by means other than
those mentioned in Rule 70, Sec. 1
- Accion revindicatoria – action to recover ownership, including possession

SPICIV RULE 71 Contempt

What is it Defiance of the authority, justice or dignity of the court, such conduct that tends to bring the authority and administration of the law into disrespect or to interfere with or
prejudice parties litigant or their witnesses during litigation
Direct contempt Committed in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, and includes disrespect toward the court, offensive
personalities toward others, or refusal to be swoen or answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so
Indirect contempt - Misbehavior of an officer of a court in the performance of his official duties or official transactions
- Disobedience of or resistance to a lawful writ, process, order, or judgment of a court
- Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt
- Any improper conduct tending, directly or indirectly, to impede, obstruct or degrade the administration of justice
SPECPRO 73 Venue and Process
Jurisdiction Decedent Jurisdiction for probate of will, LOA, settlement of Venue for probate, LOA, settlement
estate
Resident of PH at time of death, regardless of MTC: If gross value of estate does not exceed 2 million Proper court in which decedent resides at time of
citizenship pesos (includes exact 2 million) death
Decedent is a resident of a foreign country at time of Proper court where any of the estate is located
death RTC: If gross value exceeds 2 million pesos

The court first taking cognizance of the settlement of

estate of a decedent, shall exercise jurisidcition to the
execution of all other courts

Remedy for error of GR: Appeal from that court in the original case
court assuming E: Certiorari if want of jurisdiction appears on the record
jurisdiction

SPECPRO 74 Summary Settlement of Estates

When? Option available when deceased left no will and no debts:
- Extrajudicial settlement
- Action for partition
- Judicial administration
Requisites - Decedent dies intestate
- No outstanding debts at time of the settlement
- Heirs are all of legal age or minors represented
- Settlement made in public instrument duly filed with the RoD
- Publication in newspaper of general circulations in the province once a week for 3 consecutive weeks
- Bond equivalent to value of personal property posted with RoD
Extrajudicial settlement Summary Settlement
No court intervention Judicial adjudication although summary
Value of estate immaterial Only where gross value not more than 10,000
Allowed only in intestate succession Both testate and intestate
No outstanding debts of estate at time of settlement Even if there are debts

SPECPRO TABLES Venue Jurisdiction

Settlement of estate Residence of decedent at the time of death, or place where estate is located for MTC or RTC depending on gross value of estate
non-resident decedent
Escheat Person dies intestate leaving no heirs, residence of decedent at time of death; or RTC
place where estate is located for non-resident decedent
Reversion – where land is located
Unclaimed balances act – where dormant deposits are located
Appointment of Residence of minor or incompetent or where property is located for non-residents Minors – family court or RTC in the absence of a designated family court
guardians Incompetents – RTC
Appointment of Where will is allowed, or where property or portion affected by trust is located RTC/MTC
trustees
Hospitalization of Where insane person is found RTC
insane persons
Domestic adoption Where adopter resides Family court or RTC
Inter-country adopt Where adoptee resides or is found if filed with family court Family Court/RTC/ICAB
Recission of adoption Where adoptee resides Family Court/RTC
Habeas Corpus Where detainee is detained if filed with RTC, if Minor, where petitioner resides or SC, CA, SB, RTC or MTC if no RTC
where minor is found If minor: Family court, CA, SC
Habeas Data Where petitioner resides, where respondent resides, or which has jurisdiction over RTC, SB, CA or SC when action concerns public data files of government offices
the place where the information or data was gathered, at the option of petitioner
Amparo Where threat, act or omission was committed or any of its elements occurred SC, CA, SB, or RTC
Change of name Where petitioner resides RTC
Appointment of rep of Where absentee resided prior to disappearance RTC
absentee/declaration
of absence
Cancellation/correction Where corresponding civil reg is located RTC: Non-clerical errors
of entries of civ reg Civ Rev: clerical errors
Pet for Nullity of Where petitioner or respondent has been residing at for at least 6 months prior to Family Court
Marriage, Annulment, date of filing, or in case of non-resident respondent, where he may be found, at the
Leg Sep election of the petitioner

Guardianship Minor In
Who may file Any relative, person on behalf of minor, minor himself if over 14 years old or over, Relative, friend, person on behald of resident incompetent who has no parents or
secretary of DSWD, secretary of DOH in case of insane minor who needs to be hosp lawful guardian, director of health in case of insane who needs to be hospi or
isolated leper, anyone interest in estate of non-resid incompetent
Grounds for removal When guardian becomes insane or incapable of discharging his trust or is found When a guardian becomes insane, or otherwise incapable of discharging his trust or
of guardian thereafter to be unsuitable, or has wasted or mismanaged the property of the ward, unsuitable therefor, or has wasted or mismanaged the estate, or failed for 30 days
or has fialed to render an account or make a return within 30 days after it is due after it is due to render an account of make a return
Grounds for Ward has come of age, has died Competency of ward has been judicially determined, guardianship no longer
termination necessary, death of guardian, death of ward

NAME Rule 103 (Change of Name)
Subject matter Change of full name or family name (substantial)
Who may file Person desiring to change his name
Venue RTC of province where petition resided for 3 years prior
to filing
Grounds - Name is ridiculous, dishonorable or extremely
difficult to write or pronounce
- Change results as a legal consequence such as
legitimation
- Change will avoid confusion
- Have continuously known by that name since
childhood, unaware of alien parentage
- Sincere desire to adopt PH name to erase
form alienage without prejudice to anyone
- Surname causes embarrassment and no
showing that change was for fraudulent
purpose and without prejud to public interest
Appeal CA
Rule 108 (Cancellation/Correction of Entries in CivReg)
Cancellation or correction of civil registry entries
(substantia)
Person interest in any act, event or order or decree
concerning civil status of persons which has been
recorded in the civil register
RTC of city or province where civreg is located
Good and valid grounds
CA
RA 9048 (Clerical error act)
Change of first name, nickname, day and month of
birth, sex where patently clear to be clerical error,
mistake in entry or correction of civil reg entries
Person having direct and personal interest in the
correction of a clerical error in an entry and/or change
of first name or nickname
- Local Civeg where the record sought to be
corrected is being kept
- If petitioner already migrated, and it would
be impractical to appear in person, file with
CR of place where currently residing or
domiciled
- Citizens of the PH who are presently residing
or domiciled in a foreign country = PH consul
- First name is ridiculous, tainted with dishonor
or difficult to write or pronounce
- New name has been habitually and
continuously used, publicly known by such
first name or nickname by community
- Change will avoid confusion
Civil Registrar General

SPECIAL Habeas Corpus Habeast Corpus for custody of Amparo Habeas Data Kalikasan
WRITS minors
Governing Rule 102, ROC Rule on Custody of Minors and Rule on Writ of Amparo Rule on Writ of Habeas Data Rules of Procedure for
Rules Writ of Habeas Corpus in Environmental Cases
relation to the Custody of
Minors

What rights Involves the right to
are involved liberty, extends to all
cases of illegal
confinements or
detention by which any
person is deprived of his
liberty, or by which the
rightful custody of any
person is withheld from
the person entitled
thereto (Sec 1)
Etymology “You have the body”
Purpose and Seek to inquire into the
Objective legality of the involuntary
restraint and to relieve a
person if such restraint is
illegal. Seeks to determine
whether or not a person is
legally held, if not, order
the release.
Scope and Extends to all cases of
Applicability illegal confinement,
where a person is
deprived of his liberty.
Assertions:
1. Violation of
constitutional right
resulting in restraint
of a person
2. Court trying the case
had no jurisdiction to
impose the sentence
Penalty imposed is
excessive or beyond what
they could legally impose
When not 1. No deprivation of
applicable liberty or restraint
2. When deprivation is
legal
Such as if the person
alleged to be restrained in
his liberty is in the custody
of an officer:
1. Under process issued
by a court or judge
2. By virtue of judgment
or order of court of record
3. 3. Court or judge had
jurisdiction to issue
Involves the right to life, liberty,
security. Involves extrajudicial
killings and enforced
disappearances, and threats
thereof (Sec 1)
A remedy where the rightful
custody of any person is
withheld from the person
entitled thereto. Seeks to locate
the minor and/or bring him back
to the court in order to be
adjudged proper custody
When the rightful custody of
any person is withheld from the
person entitled thereto
Involves the right to privacy in life,
liberty and security (Sec. 1)
“To protect”
Intended to address violations of or
threats to the right to life, liberty and
security and an extraordinary and
independent remedy, particularly in
EJK and ED.
Remedy available to any person:
1. Whose right to LLS are violated or
threatened with a violation by an
unlawful act or omission
2. Such unlawful A/O is made by
public official, employee or a
private individual or entity
GOVERNMENT INVOLVEMENT IS
INDISPENSABLE
1. Purely property or commercial
rights (Castillo v. Cruz)
2. Restriction of the right to travel due
to pendency of criminal case (Reyes v.
Gonzalez)
3. Obtain custody over a minor child
involving issues of parental authority
(Caram v. Segui
Involves the right to a balanced and
healthful ecology (Sec. 1)
“You have the data”
Seeks to protect a person’s right to
control information regarding one’s
self, particular in instances where such
information is being collected through
unlawful means in order to achieve
unlawful ends
Remedy avail to any person whose:
1. Right to privacy in LLS is violated or
threatened by unlawful A/O
2. Such unlawful A/O is by public official
or employee, private individual or
entity, engaged in gathering, collecting
or storying information regarding the
person, family, home and
correspondence of aggrieved party
1. Where legitimate state interest in
dismantling private armed groups
outweighed the alleged intrusion of a
person’s private life (Gamboa v. Chan)
2. Protect purely property or
commercial concerns such as
employment (MERALCO v. Lim)
Remedy based on the right to
balanced and healthful ecology,
against environmental damage of
such magnitude as to prejudice
the right, health or property of
inhabitants of 2/more cities of
provinces.
Remedy avail to those:
1. Whose constitutional right to a
BHE is violated, or threatened
with violation by unlawful A/O
involving environmental damage
of such magnitude to prejudice
the LHP or inhabitants of 2 or
more provinces or cities
2. Such A/O is committed by a
public official or employee or
private individual or entity
 process, render the
judgment to make
the order
Nature of Separate and distinct
Proceedings from the main case from
involved which the proceedings
spring. It is a summary
remedy. It is analogous to
a proceeding in rem when
instituted for the sole
purpose of having the
person of restraint
presented before the
judge in order that the
cause of his detention
may be inquired into and
his statements final. The
only question to be
resolved is whether the
custodian has authority to
deprive the petitioner of
his liberty.
Where 1. RTC or any judge
applied for thereof where the person
is detained
2. CA or any justice
thereof
3. SC or any justice thereof
Who can file Either:
1. Party whose relief it is
intended for
2. Someone on his behalf
Against The custodian or persons
whom filed illegally restraining,
(Respondent) confining or detaining the
person:
1. Public officers
2. Persons who are not
officers/ private authority
Exemption
from docket
fees and
other lawful
fees
Provisional
Remedies
available
Enforceability 1. RTC or any judge
of the writ thereof: only within
judicial region
2. CA any justice:
anywhere in the PH
3. SC or any justice: Any
where in the PH
Contents of 1. Person on whose behalf
the verified it is being made is
petition imprisoned or restrained
in his liberty
2. The officer or name
who is imprisoning or
restraining him
3. The place where he is
restrained or imprisoned,
if known
4. Copy of the
commitment or cause of
detention of such person.
Can be procured without
any legal authority
Confidential. Hearing on
custody of minors may, at the
discretion of the court, be
closed to the public and the
records not released to non-
parties without approval
1. Family Courts
2. RTC, only if presiding judge of
FC is absent, or if no family
courts in judicial region
3. CA or any justice
4. SC or any justice
Any person claiming the right to
custody
Respondent against whom the
petition is filed—the one
holding the minor
1. Provisional custody with
Temporary Visitation Rights
2. Hold-Departure Order
3. Protection Order
1. Family Courts: within judicial
region
2. CA: Anywhere in PH
3. SC: Anywhere in PH
1. Personal circumstances of the
petitioner and respondent
2. Name, age and present
whereabout of the minor and
his or her relationship to the P
and R
3. The material operative facts
constituting deprivation of
custody
4. Such other matters which are
relevant
1. Provides rapid judicial relief,
partakes summary proceeding that
requires only substantial evidence to
make the appropriate reliefs available
(Sec of Defense v. Manalo)
2. Does not preclude the filing of a
separate criminal, civil or
administrative action
3. There is no determination of civil,
criminal or administrative liability, or
accountability for the EJK or ED.
1. RTC of place where the threat, act
or omission was committed or any of
its elements occurred
2. Sandiganbayan or any justice
thereof
3. CA or any justice
4. SC or any justice
Either:
1. Aggrieved party
2. By any qualified person or entity in
the following order:
- any member of the
immediate family, namely:
the spouse, children and
parents of the AP
- Any ascendant or collateral
relative of the aggrieved
party within the fourth civil
degree of consanguinity or
affinity, in default of first
- - Any concerned citizen,
organization, association, or
institution, if there is no
known member of AP fam
Either against:
1. Pub official or employee
2. Private individual or entity
*GOVERNMENT INVOLVEMENT
INDISP
Exempt
1. Temporary Protection Order
2. Inspection Order
3. Production Order
4. Witness Protection Order
Anywhere in the PH
1. Personal circumstances of the
petitioner
2. Name and personal circumstances
of respondent responsible for the
threat, act or omission, or if unknown
or uncertain, the respondent may be
described by an assumed appellation
3. Right to LLS of aggrieved party is
violated or threatened by unlawful
A/O of the respondent, and how such
violation is committed with the
attendant circumstances with
supporting aff
4. Investigation conducted, specifying
names, personal circumstances and
addresses of the investigating
authority or individuals, and any
manner done
5. The actions and recourses taken by
petitioner to determine whereabout
of the aggrieved party and the identity
of the person responsible for the
threat
Independent and summary remedy to
protect the right to privacy, especially
the right to informational privacy.
Issuance of writ does not entail any
finding of criminal, civil or admin
culpability. It is designed to protect the
image, honor, information, and
freedom of information of an individual
and to provide a forum to enforce one’s
right to the truth and to informational
privacy
1. RTC where:
- Petitioner or respondent
reside;
- Which has jurisdiction over
the place where the data or
information is gathered,
collected or stored, at the
option of petitioner
2. Sandiganbayan
3. CA
4. SC
(For SB, CA, SC, only when the action
concerns public data files of
government offices)
Either:
1. Aggrieved party
2. EJK and ED:
- Any member of the immediate family
of the AP (Spouse, children and parents)
- Any ascendant or descendant
Either against:
1. Public Official or employee
2. Private individual or entity engaged in
the gathering, collecting, story or data
or information
Only indigents exempt
1. Personal circumstances of P and R
2. Manner the right to privacy is violated
or threatened and how it affects the
right to LLS of aggrieved
3. Actions and recourse taken by
petitioner to secure the data or
information
4. Location of filed, registers or
databases, the government office, and
the person in charge in possession or in
control of the data if known
5. Relief prayed for: updating,
rectification, suppression or destruction
of the database or information kept by
respondent. In case of threats, relief
may include prayer enjoining the act
complained of
6. Such other relevant reliefs are just
and equitable
1. CA
2. SC
Either:
1. Natural or juridical person
2. Entity authorized by law
3. People’s organization, NGOs,
any public interest group
accredited by or registered with
any government agency on behalf
of person
Either against:
1. Public Official or employee
2. Private individual or entity
Exempt
1. Ocular Inspection
2. Production or inspection of
Documents or things
Only SC and CA issue this, so
ANYWHERE IN THE PH
1. Personal circumstances of P
and R
2. Name and personal
circumstances of the respondent
or unknown, may be described by
an assumed appellation
3. Environmental law, rule or
regulation violated or threatened
to be violated, the act or omission
complained of, and the
environmental damage of such
magnitude to prejudice the LHP of
inhabitants of 2 or more provinces
or cities
4. All relevant and material
evidence consisting of the
affidavits of witnesses,
documentary evidence, scientific
or other expert studies, and if
possible, object evidence
5. Certification against forum
shopping

Contents of 1. Whether he has or has
verified not the party in his
return custody or power or
under restraint
2. If the party is in his
custody or power, or
under restraint, the
authority and the true
whole cause thereof, with
a copy of the writ, order,
execution or other
processes which the party
is held
3. IF the party is in his
custody and is not
produced, particularly the
nature and gravity of the
sickness or infirmity of
such party where he
cannot be brough without
danger, by brough before
the court or judge
4. If he had the party in his
custody, and transferred
such to another,
particularly to whom at
that time, for what cause,
and by what authority the
transfer was made.
Procedure 1. Filing of a Verified
Petition
2. Court/Judge
determines if the
application is prima facie
meritorious
3. A Peremptory Writ of
Habeas Corpus is issued.
(A writ of preliminary
citation may also be
issued
4. Service of the
Peremptory Writ
5. A Return is Made and
the Person restrained
must be brought before
the court
6. Hearing is Conducted
7. Court grants the
application and orders the
release of the person,
then a Writ of Habeas
Corpus is issued by the
clerk of court
Reliefs 1. Person discharged from
granted confinement
(effect) 2. Person cannot be
imprisoned for the same
offense, except when the
court having jurisdiction
of the cause or offenses
orders his commitment.
Prohibited
pleadings and
motions
1. Filing of a Verified Petition
2. Service of Summons
3. Respondent files a Verified
Answer or exceptionally, a
Motion to Dismiss based on lack
of jurisdiction
4. Court may order a Case Study
Report
5. Court may grant Applications
for Provisional Remedies
6. Court issues order setting the
case for Pre-Trial
7. Parties file their Pre-Trial
Briefs
8. Pre-Trial proceeds
9. Pre-Trial Conference takes
place
10. Trial proceeds to determine
the Proper Custodian of the
Minor
11. Judgment is rendered
The court shall render
judgment:
1. Awarding custody of the
minor to proper party
2. Order either or both parents
to give an amount necessary for
the support, maintenance and
education of the minor,
irrespective of who may be the
custodian
3. Make other orders that is just
and reasonable permitting the
parent who is deprived of the
care and custody of the minor to
visit or have temporary custody
Motion to dismiss not allowed
except on lack of jurisdiction
over the subject matter/parties
6. Relief prayed for and a general
prayer for other just and equitable
reliefs.
1. Lawful defenses to show that the
respondent did not violate or
threaten with violation the right to
LLS of the aggrieved party through act
or omission
2. Steps or actions taken by the
respondent to determine the fate or
whereabouts of the aggrieved party
and the persons responsible
3. All relevant information in the
possession of the respondent
4. If public officer or employee, return
shall further sate the actions that
have been or will still be taken:
- to verify the identity of the
aggrieved party
- to recover and preserve
evidence related to the
death or disappearance of
the person identified in the
petition which may aid in
the prosecution of the
person or persons
responsible
- identify witnesses and
obtain statements from
them regarding the death or
disappearance
- determine the cause,
manner, location and TOD
or disappearance as well as
pattern that may have
brought about the death or
disappearance,
- identify and apprehend the
person involved in the
death or disappearance
- bring the suspected
offenders to a competent
court
1. Filing of the Verified Petition which
may include an application for
Provisional Remedies
2. Court/Judge determines if the
application is prima facie meritorious
3. A Peremptory Writ of Amparo is
issued
4. The Peremptory Writ is Served
5. Respondent files a Verified Return
with Supporting Affidavits within 72
hours from service of the writ, and
may apply for Provisional Remedies
6. Summary Hearing proceeds within
7 days from the issuance of the writ
7. Court renders judgment and issues
the writ within 10 days from the time
the petition is submitted for decision.
1. Such reliefs as may be proper and
appropriate
2. Protection of the aggrieved party
3. Determination of whether
respondent are accountable for and
have duty to address the situation
1. Motion to dismiss
2. Motion for extension of time to file return, opposition, affidavit, position
paper, and other pleadings
3. Dilatory motion for postponement
4. Motion for a bill of particulars
5. Counterclaim or cross-claim
6. Third party complaint
1. Lawful defenses such a national
security, state secrets, privileged
communications, confidentiality of the
source of information of media and
others
2. In case of respondent in charge, in
possession or in control of the data or
information subject of the petition:
- A disclosure of the data or
information about the
petitioner, the nature of such
data or information, and the
purpose of its collection
- The steps or actions taken by
the respondent to ensure the
security and confidentiality of
the data and information
- Currency and accuracy of the
information held
3. other allegations relevant to the
resolution of the proceeding
1. Filing of the Verified Petition
2. Court/Judge determines if the
application is prima facie meritorious
3. The Peremptory Writ of Habeas Data
is issued
4. The Peremptory Writ is Served
5. Respondent files a Verified Return
within 5 working days from service of
the writ
6. Summary Hearing or Hearing in
Chambers proceeds within (10) working
days from the issuance of the writ
7. Court renders judgement and issues
the Writ of Habeas Data within 10 days
from the time the petition is submitted
for decision.
8. Execution of the Judgment and Filing
of Verified Return by the Sheriff which
must be set for hearing with due notice
1. Grant access to the database or
information
2. Enjoin the act complained of
3. In case the database or information
contains erroneous data or information,
order its deletion, destruction or
rectification
Remedies include:
- Updating
- Rectification
- Suppression
Destruction of database or information
or files in possession or control of the
respondents
6. Reliefs prayed for which may
include the issuance of a TEPO
It must contain all defense of the
respondent, to show that he did
not:
1. Violate
2. Threaten to violate
3. Allow the violation of any
environmental law, rule or
regulation
4. 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
Return includes
- Affidavit of witnesses
- Documentary evidence
- Scientific or other
expert studies
- Object evidence in
support of the defense
of the respondent
1. Filing of a Verified Petition
2. Issuance of the Peremptory
Writ of
Kalikasan within 3 days from the
filing of the Petition
3. Service of the Peremptory Writ
4. Respondent files his Verified
Return within 10 days from
service of the writ
5. Hearing proceeds
6. Court renders judgment and
issues the Writ of Kalikasan within
60 days from submission for
decision
Court may:
- Direct respondent to
permanently cease and desist
from committing the acts
causing environmental
damage
- direct respondent to protect,
preserve, rehabilitate or
restore the environment
- Direct the respondent to
monitor strict compliance
with the decision and orders
of the court
- Direct the respondent to
make periodic reports on the
execution of the final
judgment
- such other reliefs which
relate to the right to a
balanced and healthful
ecology or the protection,
preservation, rehabilitation
or restoration of the
environment, except award
for damages
1. Motion to dismiss
2. Motion for extension of time to
file return
3. Motion for postponement
4. Motion for a bill of particulars
5. Counterclaim or cross claim
6. Third party complaint
 7. Reply 7. Reply
8. Motion to declare respondent in default 8. Motion to declare respondent
9. Intervention in default
10. Memorandum
11. Motion for reconsideration of interlocutory orders or interim relief orders and
12. Petition for certiorari, mandamus, prohibition against any interlocutory order

Special rules 1. Mode: Notice of appeal
in appeals (41) or Certiorari (45)
2. Period: within 47 hours
from the notice of the
judgment or final order
appealed from
3. In lieu of briefs, their
respective memoranda
within a non-extendible
period of 30 days from
receipt of the notice
issued by the clerk that all
the evidence, oral and
documentary, is already
attached to the record.
Proof Preponderance of
required evidence
1. A prior MR or MNT within 15 1. Mode: Appeal by Certiorari (45) 1. Mode: Appeal by Certiorari (45)
days from notice of judgment 2. It may raise questions of fact or law or both 2. It may raise questions of fact or
required before an appeal is 3. Period: within 5 working days from the date of notice of adverse judgment law or both
made 4. The appeal shall be given the same priority as in habeas corpus cases 3. Period: Within 15 days from the
2. Mode: Notice of appeal (41) date of notice of the adverse
or Certiorari (45) judgment or denial of motion for
3. Period: within 15 days from reconsideration
notice of the denial of MR/MNT
and service to adverse parties
4. IN lieu of briefs, their
respective memoranda while a
non-extendible period of 30
days from receipt of the notice
issued by the clerk that all the
evidence, oral and documentary
is already attached to the record
Substantial evidence Substantial evidence

RULE 40 RULE 41 RULE 42 RULE 43 RULE 45 RULE 65

Court involved MTC -> RTC RTC (orig.) -> CA MTC -> RTC (app.) -> Quasi-judicial CA, SB, CTA, RTC or other MTC, RTC, CA, CTA, SB, QJ bodies
CA Agency -> CA courts -> SC (WPI and -> RTC/CA/SB/COMELEC/SC
E: CTA, LA/NLRC, Provrem)
OMB
Mode of appeal Original Appeal Petition for review Petition for Review on Petition for Certiorari
Certiorari
Manner Appeal Original Action
Purpose Correct errors in judgment To correct errors in jurisdiction
Respondents Adverse Party only Adverse Party + Public
Respondents
Subject Matter Final judgments or Orders Interlocutory orders
Filing of MR NOT REQUIRED Required
Where to file MTC RTC CA CA SC - RTC/CA/SB/SC – if act
Court a quo Court a quo Appellate Appellate Appellate or omission of lower
court or OB-PC
- CA/SC = If acts or
omissions of CJ Body
- COMELEC = Election
cases
Period to file 1. NOA – 15 days GR: 15D (NOA), 30D (ROA)
(from notice or j 2. ROA – 30 days E: Habeas Corpus (48 Hours) 15 days 60 days
of dismissal (Period is interrupted when (Period is interrupted when
MRMNT) filing a MR/MNT) filing a MR/MNT)
How made Notice of appeal; (filed to superior court to let them know that Petition for Review (Verified + Certified) Verified petition
you are appealing the decision) - Parties - Certified copy of
- Parties - Material dates showing timeliness of filing judgment
- Copy of judgment appealed - Matters, issues, and errors attributed - Copy of relevant
- From which court - Certified copy of the judgment appealed pleadings
- Material dates showing the timeliness of filing - Copies of relevant pleadings and documents - Certification of NFS
Record on appeal (Specpro/multiple appeals); (the entire - Certificate of NFS
proceedings
- Parties
- Copy of judgment appealed with the pleadings
- Material dates
- Reference of testimonial and documentary evidence
*If both parties are appellants, file JOINT ROA (30D)
When perfected - Notice of appeal – timely filing + docket fees Upon filing of petition + payment of docket fees (as to the petitioner)
o Lose jurisdiction = Perfection + expiration - Court loses jurisdiction = perfection + expiration
- Record on appeal – approval + docket fees
o Lose jurisdiction = approval + expiration
Rule of GR: Not allowed Allowed: 15 days + 15 days Allowed: 30 days Allowed: extraordinary reasons
extension of E: ROA (good cause + Motion for Extension filed before the Conditions: (justifiable reasons)
period to file expiration of the original period - Motion
- File before the expiration of the
original 15 day period
- Docket fees

Duty of CoC Transmit the records or ROA
with the RTC (within 15D from
perfection of appeal)
Payment of DF COC of MTC
to whom made
Response; Appellant’s memorandum –
Period to fiel 15D from the notice of COC
that record is complete (failure
to file = DISMISS)
Appellae’s memorandum – 15
days from receipt of appellant’s
memorandum
- 2nd extension – compelling
reasons
1. Verify correctness of records If petition is given due course, elevate the If petition is given due
2. Verify completion records to CA within 15 days from notice) course, elevate the
3. If incomplete, take measures records to SC within 15
to complete days from notice
4. Transmit records to CA
(withing 30D from perfection)
COC of RTF COC of CA CoC of SC
Appellant’s brief – 45 days from Comment (respondent) – 10D from notice Comment (respondent) – 10
receipt of notice of COC that all - Whether he accepts the days from notice
evidence is attached to the statement of matters *After which, court may:
record. - Point out insufficiencies in the (a) hear case
- Subject index petitioner’s statement of (b) require filing of memoranda
- Assignment of errors matters
- Statement of the case - State reasons why it shuld not
- Statement of facts be given due course
with substance of
proof and page
references to the
record
- Issues
- Arguments
- Reliefs
Appellee’s brief – 45D from
receipt of appellant’s brief
- Subject index
- Statement of facts or
Counter-Statement of
Facts
- Arguments
Appellant’s reply brief – 20
days from receipt of appellee’s
brief
*Failure to file a brief is not a
ground for dismissal but the
court can allow you to file it. If
you fail to follow the court
order, the case can be
dismissed on the ground of
failure to comply such order
which is dismissible under Rule
17
Memoranda – 30D from receipt
of notice of COC that evidence
attached (Certiorari,
Prohibition, Mandamus, QW,
habeas corpus)

Effect on Stayed Stayed GR: Stayed GR: Not stayed Stayed Stayed (10 days from filing only.
judgment E: (a) Civil cases under E: (a) TRO/WPI E: If the decision is final If judge fails to proceed,
Summary procedure (b) CA says and immediately sanctioned
(b) CA/law says otherwise executory (labor) E: TRO/WPI
otherwise
Discretion in None None It may give Due course (oral Granted only when there Certiorari and Prohibition
granting the argument/memoranda) are special and important - GADALEJ
appeal or pet **CA Prima facie finds that lower court reasons - No appeal or any plain,
has committed an error of fact or law that - Court a quo has speedy and adequate
will warrant the reversal or modification decided a remedy in the ordinary
of the decision question of course of law
substance not Mandamus
before - Unlawfully neglects the
determined by performance of a
SC or not in ministerial act
accord with law - Unlawfully excludes
or juris another from the use
- Court a quo has and enjoyment of a
departed from right or office which he
usual court of is entitled to
judicial
proceedings
Issues allowed Facts/Law/Both Facts/law/both Facts/law/both Facts/law/both Jurisdictional
to be raised E: RTC (QJ) -> SC (via 45) =
LAW
Grounds for - Later appeal - Late appeal - Failure to comply with the requirements:
dismissal - Failure of appellant to - Non-payment of DF o Payment of DF
file a memorandum - Unauthorized o Deposit of costs
- Non-payment of DF alteration, omission o Proof of service of petition
or addition in the o Contents and documents of petition
approved ROA - Patently unmeritorious
- Failure to file a - Prosecuted manifestly for delay
memorandum Questions raised are too unsubstantial
When lower Before transmittal of the original record/ROA to the RTC/CA and in
courts may still case of 41, before CA gives due course to the petition:
exercise - Issue protection orders
residual - Approve compromises
jurisdiction - Permit appeals of indigents
- Execution pending appeal
- Withdrawal of appeal