SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
NOTE: Please read this together with your codal. 
The Special Civil Actions begin with Interpleader, Rule 62 all
the way to Rule 71 which is Contempt. All in all, in the Rules
of Court there are 10 Special Civil Actions.
So, why do you say that these are Special Civil Actions
(SCA)? How different are they from Ordinary Civil Actions
(OCA)? What makes them special in the first place? They are
special because each of them has certain uniqueness, a
certain peculiarity that is not found in any of the OCA‘s.
Meaning they are governed by a certain set of rules not
necessarily covered ng OCA. Kaya nga may specific rule
assignment ang bawat isa sa kanila and these rules govern
the proceedings of these SCA‘s.
Ano nang mangyayari sa ordinary civil rules natin? They
apply in so far as they do not conflict or contradict the
special rules for SCA. So, suppletory character ang
application ng rules of OCA.
So, how many Special Civil Actions do we have?
1. Interpleader (Rule 62)
2. Declaratory Relief (Rule 63)
3. Review of Judgments and Final Orders of the
COMELEC and COA (Rule 64)
4. Certiorari, Prohibition and Mandamus (Rule 65)
5. Quo Warranto (Rule 66)
6. Expropriation (Rule 67)
7. Foreclosure of Real Estate Mortgage (Rule 68)
8. Partition (Rule 69)
9. Forcible Entry and Unlawful Detainer (Rule 70)
10. Contempt (Rule 71)
So, when you speak of any of these SCA‘s, you have to
consult their respective set of rules, when you file an action
that is categorized as a SCA. You just don‘t go to the civil
procedure to govern the proceedings of these cases.
INTERPLEADER
Rule 62
Interpleader – A legal remedy where a person possesses a
personal or real property or an obligation to render wholly or
partially but does not claim any right thereto and he comes
to court and ask that the claimants to said property or to
such obligation be required to litigate among themselves to
determine finally who is entitled to one or the other.
So, ano ang peculiarity ng ganitong remedy? Well, you do
not see the party here who initiates the interpleader
proceeding to be a party interested in the subject matter of
the action which is a real property, personal or an obligation,
kasi wala syang kini-claim na interest. That person is a mere
holder of such subject matter but does not claim interest or
any right over such property. But there are two or more
persons claiming a right over the property in his possession.
Hindi sya ordinaryo. You do not see this in the ordinary civil
procedure whereby a person has a cause of action against
another. Meron syang right na ini-enforce. Dito wala, he just
happened to be a mere holder of the thing. So, what is he to
do? Kanino nya ibibigay ang property? Wala naman syang
interest sa property? That is the peculiarity of this particular
SCA. So, the remedy of the person is to file an interpleader
action.
Who can file? Any person who possesses personal or real
property or has an obligation to render wholly or partially
without claiming a right thereto.
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So, it‘s very important that the person who files a complaint
in interpleader does not assert any claim or right over the
property subject matter of the case.
What is the purpose? To spare that person, the
complainant-in-interpleader be risked of being held liable
twice for the same subject matter; to afford protection
against double vexation in respect to one‘s liability.
Meaning to say, yung taong yan na confronted with two
conflicting claims should not be the one to make that
decision kanino nya ibibigay ang property. Let them litigate
their respective claims in court. Whoever wins ibibigay ko or
pending litigation i-deposit ko na yan sa korte bahala na ang
korte mag-award sa inyo. In other words, you do not take
the matter in your hands of deciding who among the
conflicting claimants is entitled. You are not a court of law
who can make that decision, it is beyond your capability. And
so, the proper thing for you to do is go to court, file a
complaint-in-interpleader, implead the claimants and let
them file their own answer-in-interpleader and sila ngayon
ang magli-litigate with respect to their rights and claims over
the property.
When is it proper?
Section 1. When interpleader proper. — Whenever
conflicting claims upon the same subject matter are or may
be made against a person who claims no interest whatever in
the subject matter, or an interest which in whole or in part is
not disputed by the claimants, he may bring an action
against the conflicting claimants to compel them to
interplead and litigate their several claims among
themselves.
Elements:
1. The plaintiff must claim no interest in the subject
matter or his interest/claim is not disputed.
2. There must be at least 2 or more conflicting
claimants upon the same subject matter.
3. The parties to the interpleader must make effective
claims.
4. The subject matter must be one and the same.
When do you file?
Within a reasonable time after the dispute has arisen
without waiting to be sued by either one of the
contending parties.
So, dapat hindi ka muna i-sue, otherwise you will be barred
by laches for undue delay or if the judgment has already
been obtained by one claimant then the plaintiff in an action
for interpleader becomes liable to the former. So, before pa
nag-file ng case against you, unahan mo na. Ikaw dapat ang
ma-una mag-file.
Wack Wack vs Won (March 26, 1976): In the case of
Wack Wack vs. Won, the SC held that interpleader would no
longer be available to a person who has become
independently liable to any of the claimants by virtue of the
judgment. A stakeholder should use reasonable diligence to
hale the contending claimants to court. He need not await
actual institution of independent suits against him before
filing a bill of interpleader.
Another term for the plaintiff in interpleader is the
stakeholder. Dapat siya ang mag-initiate ng action. As much
as possible, dapat na-una syang mag-file before he is sued
by anyone of the claimants.
Where do you file? Who has jurisdiction?
Depends on the value of the property. It follows the
jurisdictional amounts.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

MTC – claim here over the subject matter of the case then all you
have to do is make a counter complaint-in-interpleader and
Real property: not more than 20,000; in Metro
that will not considered as a counterclaim. So, pwede siya.
Manila not more than 50,000
Docket fees? Who will be liable? (Section 7)
Personal property: not more than 300,000; in Metro
Manila not more than 400,000
Section 7. Docket and other lawful fees, costs and litigation
RTC – expenses as liens. — The docket and other lawful fees paid
by the party who filed a complaint under this Rule, as well as
Real property: assessed value exceeds 20,000; in
the costs and litigation expenses, shall constitute a lien or
Metro Manila exceeds 50,000
change upon the subject matter of the action, unless the
Personal property: more than 300,000; in Metro court shall order otherwise.
Manila more than 400,000
So, all cost that the plaintiff or the complainant in
What are the pleadings allowed?
interpleader spent shall be charged as a lien on the property
1. Motion to dismiss subject matter of the case. So, kung sino yung nagclaim ng
right over the property subject matter of the case, sila yung
2. Answer
ultimately liable to pay the docket fees.
3. Counterclaims
Bank of Commerce vs Planters Devt. Bank (2012):
4. Cross claims One of the issues raised was: Assuming that it is indeed a
complaint-in-interpleader, and it is proper even if it was
5. Third-party complaints raised in an answer, dapat hindi pa rin yan nag-prosper
You have to plead your counterclaim in your answer because there was no payment of docket fees. Dapat
otherwise any claim that you make will be barred by res dinismiss pa rin yon. Sabi ng SC, it does not follow.
judicata. In a compulsory counterclaim you are not required to pay
Now, the question here is: Is there such a thing as a docket fees, that‘s true kasi nga compulsory counterclaim sya
counterclaim/cross claim in interpleader? That was the case but this is a counter complaint-in-interpleader, dapat nga
of Bank of Commerce vs Planters Devt. Bank (2012) naman may payment of docket fees. But sabi ng SC, since
Sec. 7 says that the docket fees and the cost shall be
There was a suit here filed by Planters Devt. Bank and there charged as lien on the subject matter of the action, it should
was an answer which incorporated a counterclaim, cross be interpreted to mean that the plaintiff-in-interpleader who
claim in interpleader. In other words, the stakeholder has is a mere stakeholder and doesn‘t claim any right over the
already been sued. Ang stakeholder mismo, inassert nya in property subject matter of the case should not be the one to
the answer by way of counter-complaint for interpleader ang bear the costs. Kaya nga sinasabi ichacharge siya as lien
kanyang complaint-in-interpleader, is that allowed? In this because the one who pays it, the stakeholder who initiates
case it was allowed. The SC said that: the complaint-in-interpleader should be reimbursed. Kaya
Interpleader is a civil action made special by the siya chinacharge as lien subject to reimbursement ng mga
existence of particular rules to govern the uniqueness claimants.
of its application and operation. Under Section 2, Rule 6 Section 7 aims to actually compensate the complainant-in-
of the Rules of Court, governing ordinary civil actions, a interpleader, who happens to be the stakeholder unfortunate
party‘s claim is asserted "in a complaint, counterclaim, cross- enough to get caught in a legal crossfire between two or
claim, third (fourth, etc.)-party complaint, or complaint-in- more conflicting claimants, for the faultless trouble it found
intervention." In an interpleader suit, however, a claim is not itself into. Since the defendants-in-interpleader are actually
required to be contained in any of these pleadings but in the the ones who make a claim - only that it was extraordinarily
answer-(of the conflicting claimants)-in-interpleader. This done through the procedural device of interpleader - then to
claim is different from the counter-claim (or cross-claim, third them devolves the duty to pay the docket fees prescribed
party-complaint) which is separately allowed under Section 5, under Rule 141 of the Rules of Court, as amended.
par. 2 of Rule 62.
Flow Chart
What does that mean? When you assert a complaint-in-
interpleader in an answer, it is not in the real sense a
counterclaim because a complaint-in-interpleader does not
assert any claim because the one who makes it is a mere
holder who claims no right/interest over the subject matter
of the case. Therefore, since there is no assertion of a claim
over that particular property that is the subject matter of the
case, it cannot be subject of a counter complaint for
interpleader. And that cannot be considered as a
counterclaim in the real sense of the word in the ordinary
civil procedure.
There is a separate treatment here, ang ginawa lang dito
hinybrid siya. May answer siya denying liability and asserting
at the same time his right to file a complaint-in-interpleader
so that those conflicting claimants can litigate among
themselves as to who should be entitled to the property.
They can ventilate their respective rights/claims over the
property before the proper court. And by filing the complaint-
in -interpleader, it is not a counterclaim. ‗Cause when you
say a counterclaim, what do you mean by a counterclaim? It
is a complaint that the defendant makes in response to the
complaint that was filed against him by the plaintiff in your
ordinary rules of procedure. But since you are not asserting a You have the complaint, file it in Court. The court will order
the parties to interplead and the subject matter be paid or
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 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

delivered to the court pending litigation. So that is one
benefit on the stakeholder kapag nag-file na siya ng
interpleader action because wala na sa kanya ang property.
Pwede na nya ideposit sa court and from then on hindi na
sya ang guguluhin ng mga claimants over the said property.
Then, you have service of summons and the copies of the
complaint and order to the claimants. The defendants in
interpleader will, either, move to dismiss on the ground of
impropriety or some other grounds like lack of jurisdiction or
file an answer or if there is no answer, the claimants can
either be defaulted on motion and judgment barring his/her
claim.
What happens if there is an answer filed? So if one of the
interpleaded claimants failed to file an answer, then they are
defaulted upon motion and there can be judgment entered
barring their claims. And if they file any answer, it must be
filed within 15 days or 5 days from notice of denial of motion
to dismiss.
Their answer must contain the cross-claim, counter-claim,
third party claim if there is any. After the answer, you go to
pre-trial or if there is counter-claim then there will be a reply
or an answer to the counter-claim then pre-trial.
And after pre-trial, the court will determine the parties‘ rights
and adjudicate their claims during the trial. Then on trial,
there is presentation of evidence then after, judgment.
Afterwards, that‘s when the court will determine docket fees,
costs and expenses as lien on the subject matter. So
whoever gets the property, the same will be subject to
payment of docket fees, costs and expenses as lien. That's
the summary.
DECLARATORY RELIEF &
OTHER SIMILAR REMEDIES
Rule 63
Section 1.Who may file petition. — Any person interested
under a deed, will, contract or other written instrument, or
whose rights are affected by a statute, executive order or
regulation, ordinance, or any other governmental regulation
may, before breach or violation thereof bring an action in the
appropriate Regional Trial Court to determine any question of
construction or validity arising, and for a declaration of his
rights or duties, thereunder.
judicial declaration may serve to prevent a dispute
from ripening into violence or destruction.
Ano ang ibig sabihin nyan? It means that there is no actual
violation of your right. In an ordinary civil action, you need to
have a cause of action. When you say a cause of action, you
have a right and there is a violation of that right. Eto, walang
actual violation of right. That makes it a special civil action.
Parang malabo ata yun. How do you go to court if wala
namang actual violation of right? How do you argue your
case kung hindi ka naman injured, wala kang damage
suffered. How do you convince the court to rule on your
favor? Ano ang minimum requirement dito if not a cause of
action? This is where the broadened concept of a cause of
action comes in. Expanded/broadened ang concept natin ng
cause of action when it comes to declaratory relief.
It is not, as an ordinary civil action, the wrong or
delict by which the plaintiff’s rights are violated but is
extended to a mere denial, refusal or challenge
raising at least an uncertainty which is injurious to
plaintiff’s rights.
Example you have a contract to sell. There is one particular
provision na hindi kayo magka-intindihan. Okay, the basic
condition for me subject to the contract to sell is babayaran
ko lang in full payment. Sabi nung isa, meron pa ibang
kondisyon kahit fully paid ka na you still don‘t get the title.
No actual violation yet. Sabi-sabi pa lang pero meron ng live
controversy. Can you go to court and file for specific
performance? No. What do you do? Declaratory relief. Go to
court, what is it that you were not able to agree on, ask an
opinion kung sino ba ang tama then you prevent an actual
violation later on of your right. Hindi pa na viviolate na-settle
na ang issue na yan. That is the peculiarity.
Origin of Declaratory Relief
The SC traced the origin and nature of a declaratory relief
action in the case Mejia vs. Gabayan (April 12, 2005). It
originated in the classic Roman law, has been used in
Scotland for 4 centuries and adopted in England and other
European countries. So it's origin is basically from Roman
Law and European in character not the US or American. The
remedy is purely statutory in nature and origin. The remedy
is an extension of the ancient quia timet. A declaratory
judgment does not create or change substantial rights or
modify any relationship or alter the character of
controversies.

An action for the reformation of an instrument, to quiet title When is it proper?

to real property or remove clouds therefrom, or to
consolidate ownership under Article 1607 of the Civil Code,
may be brought under this Rule.
What do you mean by declaratory relief? How is it
made special?
The basic concept of Rule 63 is that wala syang execution
phase. There is no such thing as writ of execution issued for
this particular type of civil action. Is that all? Is that the only
peculiarity of this rule? No, meron pa. The concept itself.
The concept of declaratory relief is permitted on the
theory that the courts should be allowed to act not
only when the harm is actually done and right
jeopardized by physical wrong or physical attack
upon existing legal relations but also when
challenged, refusal, dispute, or denial thereof is made
amounting to a live controversy. There is yet no
actual violation but there is already live controversy
by virtue of a refusal or denial of a right.
The insecurity and uncertainty which may be avoided
or hampered or disturb the freedom of the parties to
transact business or to make improvements on their
property rights. A situation is thus created when a
Page 3 of 30
It is only proper when there is no other adequate
relief available. If you have other actions that can
answer/resolve the uncertainty then that should be
prevail because a petition for declaratory relief
cannot be made a substitute for all existing legal
remedies and should be used with caution. Relief
from declaratory judgment is sui generis and not
strictly legal or equitable yet its historical affinity is
equitable. The remedy is not designed to supplant
exiting remedies. It is basically an action of last
resort.
It should be used sparingly because the court should not be
a giver of legal opinion, as much as possible, hindi dapat
hinihingan lang ng legal opinion ang korte. But if it cannot be
avoided that there is a live controversy that could lead to an
actual violation of right and if you are able to meet all the
requirements for an action for declaratory relief then by all
means, go ahead file a case.
What is the purpose of a declaratory relief?
One purpose of a declaratory action is to ask the
court to make a proper interpretation of a contract
and not to ask forinjunction, execution or other relief
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
beyond the adjudication of the legal rights which are
the subject of the controversy between the parties.
So, merely to interpret a contract.
The relief is confined to the actual controversy within
the court’s jurisdiction and it also adjudicates the
legal rights, duties, and status of the parties.
What is Subject matter of declaratory relief?
(Exclusive list)
 Deed, will, contracts or other written instrument
 Statutes, executive orders or regulations, ordinance
or any other governmental regulations.
Take note it is Exclusive meaning ejusdem generis principle
applies. Whatever is not included is deemed excluded. So be
familiar with it.
When is declaratory relief not proper?
Issuances of the SC on administrative matters? Can
that be subject of declaratory relief action?
No. In the case of Salazar vs Comelec[2011], Rules such
as Rule 10 Adm. Matter No. 10-4-1-SC promulgated by the
SC are not included in the enumeration. Like I said, the
enumeration is exclusive.
How about court orders?
No, Reyes vs Ortiz (G.R. No. 137794, August 11,
2010): Subject matters to be tested in a petition for
declaratory relief are exclusive xxx Any other matter not
mentioned therein is deemed excluded. This is under
the principle of expressio unius est exclussio alterius.
How about the SC decision? It cannot be the proper
subject of declaratory relief.
The simple reason that the Rules of Court already provide[s]
for the ways by which an ambiguous or doubtful decision
may be corrected or clarified without need of resorting to the
expedient prescribed by Rule 66 [now Rule 64] case: CJH
Development Corporations vs BIR (G.R. No. 172457,
December 24, 2008)
How about land titles? Is that a subject of declaratory
relief?
Yes. Diba may deed doon? An action for Declaratory Relief
presupposes that there would be no actual breach of the
instruments involved. Since the purpose of Declaratory Relief
is to secure an authoritative statement of the rights and
obligations of the parties under a statute, deed, or contract
and not to settle issues arising from the alleged breach of
contract. It may be entertained before the breach of violation
of the statute, deed, or contract. So land titles are example
of deeds.
When do you file it?
Before any breach or violation of the deed, will,
contracts or other written instrument, statutes,
executive orders or regulations, ordinance or any
other governmental regulations.
Kapag kontrata yan bago pa nagkaroon ng breach on that
contract, dapat nag-file ka na ng declaratory relief. Because
if there is already a violation, then there is now an available
remedy na pwede nyong gamitin. Kasi declaratory relief will
only comes in when there‘s no available remedy. When
there‘s already a breach then you go for specific
performance, an ordinary civil action.
Who may file?
Any person who is interested in under a deed, will,
contract or other written instrument or a person
whose rights are affected by a statute, executive
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order or regulation, ordinance or any other
governmental regulation.
Hindi lahat ng tao pwede mag-file nito. Kailangan may right,
meron kang right affected by the will, or by the statute for
that matter.
[2014 TSN: An example is the Executive Order 39 of Davao
City, the speed limit. A lot of people are questioning whether
it's valid or does it run counter under RA4136, the traffic
code. So far nobody is brave enough to file declaratory relief
to question the validity. But if somebody is brave enough to
do that, I think the petitioner would win because it runs
contrary to the express speed limits specified under RA4136.
There is a provision in the law that no ordinance or
resolution can run in conflict with the provisions of the Act.
So you will use this action, declaratory relief, but make sure
na wala kayong violation of that ordinance or statute
because the moment that there's violation, eh you're
precluded from filing.]
Who may be parties?
Section 2.Parties. — All persons who have or claim any
interest which would be affected by the declaration shall be
made parties; and no declaration shall, except as otherwise
provided in these Rules, prejudice the rights of persons not
parties to the action.
All persons who have or claim any interest which
would be affected by the declaration shall be made
parties.
Lahat ng apektado sa declaration should be impleaded as
parties. And because of that, those who were not made
parties that are supposed to be affected cannot be bound by
the declaratory relief judgment. It‘s very clear in Section 2. If
you are the plaintiff, you have to enumerate sino yung mga
apektado sa kasong yan and all of them should be impleaded
as parties to the case. Failure to do so will mean that the
unimpleaded parties will not be bound by the judgment.
[2014 TSN: Let's say you file a petition to question EO39,
how do you establish that you're a real party in interest? Is
mere being a taxpayer enough? No. Dapat sabihin mo na you
own a vehicle and you're being affected by EO39. You cannot
rush wherever you want to go kasi you have to observe the
speed limits or you can say na as a riding public, your rights
are being hampered. You have to allege that to become a
real party in interest. Mere allegation is insufficient.]
Who should you notify? Who should be given copies of
the petition?
Section 3.Notice on Solicitor General. — In any action which
involves the validity of a statute, executive order or
regulation, or any other governmental regulation, the
Solicitor General shall be notified by the party assailing the
same and shall be entitled to be heard upon such question.
Section 4.Local government ordinances. — In any action
involving the validity of a local government ordinance, the
corresponding prosecutor or attorney of the local
governmental unit involved shall be similarly notified and
entitled to be heard. If such ordinance is alleged to be
unconstitutional, the Solicitor General shall also be notified
and entitled to be heard.
If you're questioning a statute, executive order or any other
governmental regulation then you have to notify the SolGEn.
(Sec. 3) If it is an ordinance that is alleged to be
unconstitutional, then, you also notify the SolGen. But when
the action involves the validity of a local government
ordinance (not its constitutionality), you only notify the
prosecutor/LGU lawyer required. (Sec. 4)
Where do you file it?
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
RTC has original jurisdiction. Meaning to say, you can't file it
to MTC neither CA or SC.
Are there exceptions? [File directly to SC]
1. SC will entertain if it involves the legality of the
imposition of VAT on toll fees and consider it one for
prohibition though it's captioned as Declaratory Relief.
It's converted or treated as prohibition under Rule 65
because it has far-reaching implications and raises
questions that need to be resolved for the public good.
(Case: G.R. No. 193007, Diaz and TIMBOL, vs. The
Secretary of Finance and The CIR)
2. SC treated a case involving the definition of capital in
Sec. 11, Art. XII of the Constitution as one for
mandamus under Rule 65 because of its far-reaching
implications to the national economy. (Case: Gamboa
vs. Teves; G.R. No. 176579)
Requisites for declaratory relief:
1. There must be a justiciable controversy
2. The controversy must be between persons
whose interests are adverse
3. The party seeking declaratory relief must have
interest in the controversy.
Must show legal interest, that you're a real
party in interest
4. The issue involved must be ripe for judicial
determination.
What do you mean by Justiciable Controversy?
 Real parties in interest assert adverse claims and
present a ripe issue.
There is an adverse claim but there is no yet actual
violation
 The petition must show an active antagonistic
assertion of a legal right on one side and a denial
thereon on the other concerning the real, not a
mere theoretical question or issue.
Hanggang assertion and denial pa lang, wala pang
actual violation of rights
Wala pang actual violation, pero meron ng live controversy
such that one decides to do this at sinabi ng isa na hindi
because that's the a violation then it gives rise to an actual
controversy in an ordinary civil action. And pwede ng
pumunta ang isa sa kanila sa court for declaratory relief on
whether or not pwede nyang gawin yun; that's the essence.
Wala pang actual violation pero may threat of violation.
You're asking the court for an opinion. The court can
entertain it and render a declaratory relief judgment.
Cases where Declaratory Relief are NOT appropriate:
(few of the enumeration)
1. Actions to obtain judicial declaration of citizenship
You have a proceeding for that like naturalization
because declaratory relief can only be availed if
there are no other remedies available. It's a last
resort and there's no violation yet
2. Actions to establish illegitimate filiation and
determine hereditary rights
Suffice is the procedure on ordinary civil action
Subject of action is a court decision
Because the various remedies provided by the
Rules will have to be availed of
3. Actions to resolve a political law, question or issue
Page 5 of 30
4. Actions to try or determine issues
5. Terms of assailed ordinance are not ambiguous or
of doubtful meaning
6. Contract or statute on which the action is based has
been breached
Because after the breach, the regular remedies may
be obtained
7. Actions seeking an advisory opinion from the court
on a moot question
8. No showing that the plaintiff has any business or
interest that would be affected by the questioned
law or ordinance
You cannot show proof of legal interest; must be a
real party in interest
If you file a petition of declaratory relief, what will
the court do? (Section 5 & 6)
Section 5.Court action discretionary. — Except in actions
falling under the second paragraph of section 1 of this Rule,
the court, motu proprio or upon motion, may refuse to
exercise the power to declare rights and to construe
instruments in any case where a decision would not
terminate the uncertainty or controversy which gave rise to
the action, or in any case where the declaration or
construction is not necessary and proper under the
circumstances.
Section 6.Conversion into ordinary action. — If before the
final termination of the case, a breach or violation of an
instrument or a statute, executive order or regulation,
ordinance, or any other governmental regulation should take
place, the action may thereupon be converted into an
ordinary action, and the parties shall be allowed to file such
pleadings as may be necessary or proper.
1. The court can dismiss the petition motu propio or upon
motion.
What are the grounds? (1) Where the decision will not
terminate the uncertainty of the controversy; or (2) the
declaration or construction is not necessary and proper under
the circumstances.
2. The court can also, other than dismissing it, grant the
petition and issue declaratory judgment when the judgment
would serve a useful purpose in clarifying and settling the
legal relation and issue and it would terminate and afford
relief on the uncertainty, insecurity and controversy giving
rise to the proceeding.
3. The court may also convert the action into an
ordinary civil action if prior to the termination of the case,
a breach or violation of the instrument, statute, executive
order, regulation, ordinance or any governmental regulation
should take place. In which case the parties will be required
to file pleadings as may be necessary.
So, magkakaroon ng conversion from an action of
declaratory relief to some other ordinary action if a breach/
violation has already been committed.
Judgments: distinction
Declaratory Relief Ordinary Case
The distinctive characteristic of a Ordinary judgments are
declaratory judgment is that the primarily intended to remedy or
declaration stands by itself, that to make compensation for
is, no executory process follows injury already suffered and, for
as of course. In other words such that reason must, in addition to
a judgment does not involve determining the rights involved,
executory or coercive relief. grant consequential or curative
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
relief in some form.
Declaratory judgments involve a
real controversy and are res
judicata and binding upon the (That is why in ordinary cases
parties and those in privity with you have the executory or
them. execution process. You have to
file a motion for execution.)
What are the similar actions?
1. Reformation of instrument (Article 1359 –1369, CC)
2. Quieting of title (Article 476-481, CC)
3. Consolidation of ownership (Article 1607, CC)
So under Rule 63, there are actually 4 distinct civil actions.
What is the common denominator?
Their similarity lies in the fact that these remedies result in
the adjudication of the legal right and obligations of the
litigants without need of execution to carry the judgment in
good faith. There is no execution process, that's why they
are lumped together in Rule 63.
REFORMATION OF INSTRUMENT
What is the purpose?
The purpose of this action is to reflect the intention of the
parties when such intent is not reflected in the written
agreement on the grounds of mistake, fraud, inequitable
conduct and accident.
When do you file it?
One has a right to file a complaint or petition when a
person‘s legal right is denied, challenge, or refuse by another
or where there is antagonistic assertion of his legal right or
denial thereof concerning a real question or issue. There is
real, definitive, substantive controversy between the parties,
touching on the legal relation having adverse legal
pavements.
In the case of Multi Reality Corporation vs. Makati
Condominium Corp [2006]: Here the ambiguity did not
become apparent immediately after the execution; only years
later. There was already a refusal or challenge to an
intended exercise. So there's already a live controversy.
What was really the intention of the parties? There was a
claim of mistake.
When do you reckon or file a case for action for reformation
of instrument based on mistake? From the execution of
agreement or upon discovery?
In the case of Multi realty Development Corporation vs.
Makati Condominium Corporation (2006):
The prescription will have to be reckoned from the
discovery of the mistake and not from the execution of
the instrument: A party to an instrument is under no
obligation to seek a reformation of an instrument
while he is unaware that any opposition will be made
to carry out the actual agreement. The statute of
limitation does not begin to run against an equitable
cause of action for the reformation of an instrument
because of mistake until the mistake has been
discovered or ought to have been discovered. The
mere recording of a deed does not charge the grantor
with constructive notice of a mistake therein, but is to
be considered with other facts and circumstances in
determining whether the grantor be charged with
notice actual or constructive.
So, for purposes of prescription it should be reckoned from
the date of discovery of the mistake.
Page 6 of 30
QUIETING OF TITLE
Again what is the concept of quieting of title?
It is a common remedy for removal of any cloud upon, or
doubt or uncertainty affecting the title to real property.
What is the purpose?
To determine respective right of the complainant and other
claimants not only the place thing in their proper place, to
make the one who has no rights to said immovable respect
and not disturb the other, but also for the benefit of both, so
that he who has the right would see every cloud of doubt
over the property dissipated, and he could afterwards
without fear introduce the improvements he may desire,
even use, and abuse the property. (Build Development
Housing Corporation vs Bonifacio)
[2014 TSN: You introduced an improvement to your
property and it turns out there's an adverse claim, someone
else is claiming ownership or interest. So there's a doubt, do
you really have a right over the property given the
annotation of the property; that's an example of a doubt or a
cloud. And you want to settle the cloud, file for a quieting of
title. If the adverse claimant does not have a right, the
adverse claim will be cancelled and then that's the only time
you'll be confident in introducing improvements. Whereas if
you don't remove the adverse claim and you already put
improvements like buildings then forever you will live in
doubt so as to whether or not mapupunta saiyo ang
improvements na nilagay mo.]
[Take note, when an adverse claim is annotated on a title
then it is constructive notice to everybody. And if you're the
one who introduced the improvement, you'll become a
builder in bad faith. All of your investment, goodbye. Before
you venture into such multi billion investment, might as well
remove the cloud over your property.]
What is the legal basis for this? The substantive law:
Article 476. Whenever there is a cloud on title to real
property by reason of any instrument, record, claim,
encumbrance or proceeding, which is apparently valid or
effective, but is in truth and in fact invalid, ineffective,
voidable or unenforceable and may be prejudicial to said
title, an action may be brought to remove such cloud or to
quiet the title.
An action may also be brought to prevent a cloud from being
case upon title to real property or any interest therein.
[Ex. Cloud/doubt is adverse claim or encumbrance or any
record/instrument which at first blush it is apparently valid or
effective but is in truth and in fact, ineffective, voidable, or
unenforceable. If you want to challenge or make it go away
then file action to quiet title.]
What are the requisites?
1. You have to show proof that the plaintiff has legal
or equitable title or interest in the real property
subject of the action.
2. The deed, claim, encumbrance, proceeding claimed
to be casting cloud on his title must be shown to be
in fact invalid or inoperative despite its prima facie
appearance of validity or legal efficacy.
This usually happens when you have a property whose title is
annotated with an adverse claim. Hindi ka sigurado, you‘re
saying that the adverse claim is in fact not valid. But because
of that adverse claim you cannot do anything with respect to
that property. If you want to sell it, the buyer will investigate
and finds out na meron pa lang naka-annotate na adverse
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
claim, aatras yong buyer. Ayaw nila ng gulo, they don‘t want
to be involved in a legal controversy later on. So anong
gagawin mo with that adverse claim? You file an action to
quiet title. Once and for all, ask the court to determine the
validity of the adverse claim and if it‘s not valid, have it
removed. Ask the registry of deeds to remove that
annotation. And once that is done then you can move on.
Pwede mo nang ibenta, pwede mo nang i-improve ang
property without fear that somebody later on will question
your action.
Who has jurisdiction?
When it comes to quieting of title, [unlike declaratory relief
which is exclusive to RTC], the jurisdiction is the RTC or
MTC, depending on the value of the property. Again, you go
back to the basic on jurisdictional amount.
Review of Judgments, Final Orders and
Resolutions of the COMELEC and COA
Rule 64
What is the scope of rule 64?
We have three constitutional commissions under the
Constitution: COMELEC, COA and CSC. Rule 64 only pertains
to judgments, final orders and resolutions of COMELEC and
COA, hindi kasali ang CSC. Therefore, any decision,
order/ruling of the CSC should not be brought to the SC
under this rule.
The review of judgment or resolution issued by COA and
COMELEC should be brought within 30 days from receipt of a
copy thereof.
The mode of review here is certiorari pa rin and that is still
governed by Rule 65 except those that conflict with the
provisions of Rule 64. And because it is by nature a certiorari
action then the grounds you can invoke here would be lack
of jurisdiction or grave abuse of discretion amounting to lack
or excess of jurisdiction.
What is the basis of this rule? [Actually this is an
amendment introduced by the 1997 Revised rules of court.]
You have article 9, section7 of the 1987 Constitution:
―...unless otherwise provided by the Constitution or by law,
any decision, order or ruling of each Commission may be
brought to the Supreme Court on Certiorari by the aggrieved
party within 30 days from receipt of a copy thereof.‖
What is the caption of your petition?
Petition for certiorari or petition for review on certiorari?
Petition for certiorari.
Even though you are asking for a review of judgments
or final orders or resolutions of the Comelec or COA?
The answer can be found in the case of Benguet State
University vs. COA. June 8, 2007. G.R. No. 169637.
Justice NACHURA ang ponente and hindi niya pinalampas
ang caption ng petition. So check the decision.
What is the subject of the petition? You have final
orders, rulings and decisions of the COMELEC and COA.
Take note that if it's a COMELEC, it should be exercising its
adjudicatory or quasi-judicial power and not its rule-making
power. They must be final decision and resolution issued by
the COMELEC en banc; that's the proper subject matter
under rule 64.
So, a resolution issued by a COMELEC division, hindi siya
pwedeng subject of a certiorari under Rule 64 in relation to
Rule 65. Kailangan dumaan ka muna sa COMELEC en banc.
Page 7 of 30
Where do you file it?
Supreme Court.
When to file?
Within 30 days from notice of judgment or final order or
resolution sought to be reviewed.
If there is a motion for new trial or motion for
reconsideration is filed, that will interrupt the 30 day period,
provided that the procedure for filing of the new trial or MR
is allowed in the rules of the Commission. Kung wala, then
30 days upon the receipt of the decision.
And if the motion is denied, let's say the Commission allows
the remedy of new trial or reconsideration, and the motion
will be denied later on, the aggrieved party may file a
petition within the remaining period. It's automatic to be
5days minimum. So, kung ano na lang ung sobra, which shall
not be less than 5 days, reckoned from the notice of denial.
So if he filed his MR in the 29th day, may default siya na
5days. [Section 3]
Section 3.Time to file petition. — The petition shall be
filed within thirty (30) days from notice of the judgment or
final order or resolution sought to be reviewed. The filing of
a motion for new trial or reconsideration of said judgment or
final order or resolution, if allowed under the procedural rules
of the Commission concerned, shall interrupt the period
herein fixed. If the motion is denied, the aggrieved party
may file the petition within the remaining period, but which
shall not be less than five (5) days in any event, reckoned
from notice of denial.
Will the FRESH PERIOD RULE apply?
NO. That is the specific pronouncement of the SC in Pates
vs COMELEC, as early as 2009.
Even if the procedure for filing the petition under
Rule 64 is that of Rule 65, it cannot simply be
equated to Rule 65 because they exist as separate
rules for substantive reasons.
In your ordinary civil procedure, you have the fresh period
rule, right? Neypes ruling. For Rule 64 Pates vs COMELEC, SC
says, you do not apply the fresh period rule.
The exception that Section 2 Rule 64 refers to is
Section 3 which provides for a special period for the
filing of certiorari of decisions of the COMELEC En
banc. The period is 30 days from the notice of the
decision or ruling (instead of 60 days; take note under
Rule 65 dapat 60 days. But if you are questioning a
resolution of a COMELEC en banc, that 60 day period is
reduced to 30 days because of Rule 64), with the intervening
period used for the filing of any motion for reconsideration
deductible from the originally-granted 30 days (instead of the
fresh period of 60 days that Rule 65 provides).
If the resolution or decision that you want to question is not
issued by COMELEC or COA under Rule 64, meaning hindi
siya covered ng Rule 64, then the 60 day period under Rule
65 will govern as the reckoning period for you to file the
petition, otherwise, you follow the shortened period of 30
days provided under Rule 64.
[So that is where you draw the line. While the procedure to
follow is Rule 65, when you resort to filing petitions of
decisions of the COMELEC and the COA under Rule 64, you
cannot entirely adopt the rules provided under Rule 65}
So, the question there is bakit hindi na lang uniform yan,
more favorable ang 60 days. Why do we have to count a
separate period to file eh pareho lang naman yan Rule 65 din
yan. The answer is it cannot be done. You cannot avail of the
60 day period of Rule 65 for a Rule 64 petition because the
30 day period is the one provided in the Constitution. That is
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
the express language of the Constitution, when you appeal
you only have 30 days. You cannot extend it to 60 days. That
will require an amendment of the Constitution for you to be
able to extend that. Wala ka nang magagawa. Even the rule
making power of the SC cannot amend the Constitution to
extend the 30 day period to 60 days under Rule 65.
General rule:
Filing of a prior motion for reconsideration is required before
resorting to a petition for certiorari.
Take note that under Rule 64 because it is also governed by
Rule 65, you have to comply with the requirements. One of
the requirement is the filing of a motion for reconsideration.
But there are instances when you may dispense with the
filing of a MR.
Exceptions:
The filing of a MR can be dispensed with in order to prevent
miscarriage of justice.
- Even if the rules of the commission [COMELEC/COA]
provides for MR, you can forego with it provided it falls under
the exception.
1. When the issue involves the principle of social
justice or protection of labor.
2. When the decision or resolution sought to be set
aside is a nullity.
3. When the need for the relief is extremely urgent
and the certiorari is the only adequate and speedy
remedy available.
Docket fees?
Do you have to pay the docket fees upon the filing of the
petition? Yes and if you fail to pay it then your petition is not
validly filed.
What are the formal requirements?
1. You have to verify the petition.
2. You have to file it in 5 legible copies which used to
be 18 but now it has been reduced by virtue of the
Efficient Use of Paper Rule.
In the Supreme Court, one original (properly
marked) and four copies, unless the case is referred
to the Court En Banc, in which event, the parties
shall file ten additional copies.
3. You have to state
a. the name of the petitioner
Aggrieved party
b. the name of the respondent
The Commission concerned and the person
or persons interested in sustaining the
judgment, final order or resolution quo
4. Your petition shall have to state:
a. the specific material dates
To determine whether your petition has
been filed on time. So if you received the
resolution of COMELEC en banc on June
15, then you have until July 15 to file in SC
kasi 30days yan. You have to alleged that
you‘ve received it on June 15.
Ex. ―I file an MR on June 16 then I
received the resolution denying my MR on
July10. Today is July 15, the petition has
been timely filed‖ So yun ang ilalagay mo.
Page 8 of 30
b. The facts, the grounds, the issue, and brief
arguments relied upon for review and your
prayer for judgment. Remember the
material dates should be when you
received the order, when you filed your
MR, when you received your resolution for
your MR, etc.
Contents of Petition:
 Statement of specific material dates showing its
timely filing
 Facts
 Issues involved
 Grounds and brief arguments relied upon for review
 Prayer for judgment
Accompanying documents:
1. Clearly legible duplicate original or certified true copy of
the judgment, final order or resolution
2. Certified true copies of the material portions of the record
referred to in the petition
3. Other documents relevant and pertinent to the petition
4. Sworn Certification against forum shopping
5. Proof of service on commission & adverse party
6. Proof of timely payment of docket fees and other lawful
fees. (Sec 5)
Section 5.Form and contents of petition. — The petition
shall be verified and filed in eighteen (18) legible copies. The
petition shall name the aggrieved party as petitioner and
shall join as respondents the Commission concerned and the
person or persons interested in sustaining the judgment, final
order or resolution aquo. The petition shall state the facts
with certainty, present clearly the issues involved, set forth
the grounds and brief arguments relied upon for review, and
pray for judgment annulling or modifying the questioned
judgment, final order or resolution. Findings of fact of the
Commission supported by substantial evidence shall be final
and non-reviewable.
The petition shall be accompanied by a clearly legible
duplicate original or certified true copy of the judgment, final
order or resolution subject thereof, together with certified
true copies of such material portions of the record as are
referred to therein and other documents relevant and
pertinent thereto. The requisite number of copies of the
petition shall contain plain copies of all documents attached
to the original copy of said petition.
The petition shall state the specific material dates showing
that it was filed within the period fixed herein, and shall
contain a sworn certification against forum shopping as
provided in the third paragraph of section 3, Rule 46.
The petition shall further be accompanied by proof of service
of a copy thereof on the Commission concerned and on the
adverse party, and of the timely payment of docket and
other lawful fees.
The failure of petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of
the petition.
- You have to attach legible duplicate original or certified true
copy of the judgment. So it‘s important that it must be a
certified true copy of the judgment, final order or resolution.
Failure to do that is fatal, unless the SC will give you a
chance to submit a certified true copy.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
- Certified True copy of material portions of the record
referred in the petition. This is similar to Rule 43 but under
said rule there are several SC decisions that this is not strictly
followed. Mere photocopy will suffice. So far, I have not
encountered a decision pertaining to this. Under Rule 43, it
can be dispensed because it has to be consistent with the
submission of copies regarding pertinent records. There are
other documents that needed to be attached such as
certification of non forum shopping.
So if you’re from the province, how will you prove
that you paid the docket fees?
Unless you personally go there, you usually do it through
money order. And to prove that, we photocopy it and attach
to the petition. The original postal money orders are
appended to the original petition so that the clerk of court
can extract the original postal money orders. Parang check
yan eh.
What is the effect when you file a petition under Rule
64? Will it stay the execution of judgment sought to
be reviewed?
It will not stay the execution of the judgment or the final
order (because it is not an appeal) unless the SC issues an
injunction or TRO. The exception is when the SC itself will
direct under such terms it may deem just.
When the petition is filed what will be the court
action? What will the SC do? There are 2 options:
1. It can motu proprio dismiss the petition when it
failed to comply with the formal requirements, when
the petition is manifestly intended for delay, and
when the questions raised are unsubstantial to
warrant further proceedings.
2. Or instead of dismissing the case outright, it will
require the respondent to comment.
CA is very strict, if there are formal defects in the petition,
they dismiss it. Mere absence of MCLE compliance certificate
would warrant dismissal of the petition; so you have to
attach it. They also have a checklist and the non-compliance
will result to dismissal or they can give you a chance to
comply.
Now what should be the comment of your
respondent? How should you file it?
The respondent is either the COMELEC or COA. The
comment will be in 5 or 10 legible copies [depending on what
court hears the petition; SC division or en banc] and should
be accompanied by certified true copies of the material
portions of the record as referred to in the comment and as
well as other supporting documents. Take note, after the
pleading has already been filed, no other pleading may be
filed by any party unless required by the court.
Flow Chart
(Review on Certiorari of Comelec/COA)
Page 9 of 30
You have the verified petition, then you go to the SC. The SC
may either dismiss it outright or require comment. SC will
issue a notice requiring the respondent COMELEC or COA to
file their comment within 10 days. If they file their comment,
the court will either resolve it on the merits or require the
parties for oral argument or submit their respective
memorandum.
Same thing, if there is no comment filed, the court can
require an oral argument or submit their respective
memorandum then after that the case will be submitted for
decision. The proper caption is petition for review on
certiorari.
Certiorari, Prohibition & Mandamus
Rule 65
There are 3 distinct petitions under this rule. 64, isa lang, 63:
4, 62: 1.
So at first blush, there are 10 rules under special civil action
but actually there are more than 10 because under 1 rule,
madami rin yan.
Can you combine CERTIORARI, PROHIBITION &
MANDAMUS?
Yes as long as all the requisites are met.
CERTIORARI
What is certiorari?
- It is a writ issued by the superior court to any
inferior court, board, officer exercising judicial or
quasi-judicial functions, whereby the records of a
particular case is ordered to be elevated up for
review and correction in matters in law.
- It is a prerogative writ and issued in the exercise
of Judicial Discretion. For it prosper, there must
be a capricious, arbitrary and whimsical exercise
of power.
What are the requisites?
(1) The writ is directed against a tribunal, a board
or any officer exercising judicial or quasi-judicial
functions;
(2) That tribunal, board or officer must have acted
without or in excess of jurisdiction, or with grave
abuse of discretion amounting to lack or excess of
jurisdiction; and
(3) There is no appeal or any plain, speedy and
adequate remedy in the ordinary course of law
Rarang remedy of last resort.
Regarding requisite #1: Tribunal. Does it include a
sangguniang panglungsod?
Yusay vs ca G.R. No. 156684 April 6, 2011, the issue
whether or not the resolution of sanggunian panglusod
authorizing the local chief executive, in behalf of the LGU, to
exercise the power of eminent domain or pursue
expropriation proceedings over a particular private property
can be subject of certiorari. Will certiorari lie against the
sanggunian? SC said NO! Certiorari does not lie to assail the
issuance of a resolution by the Sanggunian Panglungsod
because the latter was not exercising a judicial or quasi-
judicial functions;
 If you say judicial, it is a duly constituted court. It
belongs to the judiciary.
 quasi-judicial: it‘s an agency under the executive
e.g. NLRC, DOLE, DOJ
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
How about the Judicial and Bar Council (JBC)? Yes.
In the latest Case of Jardeleza [August 19, 2014, g.r.
213181], SC & JBC said that: we‘re not exercising judicial or
quasi-judicial functions function. Kasi tinanggal siya sa
shortlist submitted to the president; only 4 were submitted.
There was an objection by Sereno and Jardeleza‘s name was
omitted even though he had majority votes in the JBC. So he
filed a petition for certiorari and will it lie? SC: YES!
Did the JBC exercised judicial or quasi-judicial functions when
it submitted the names? No. how will you reconcile it now?
The SC justified it under the expanded power under Section
1, Article 8 of the Constitution.
According to the SC: It is judicially settled that a
petition for certiorari is a proper remedy to question
the act of any branch or instrumentality of the
government on the ground grave abuse of discretion
amounting to lack or excess of jurisdiction by any
branch or instrumentality of the government even if
the latter doesn’t exercise judicial or quasi-judicial or
ministerial functions.
In a case like this, where constitutional bearings are
too blatant to ignore, the Court does not find
passivity as an alternative. The impasse must be
overcome.
In this case, even if the JBC was not exercising a quasi-
judicial function when it deliberated upon the nominees for a
SC justice, their disregard of the basic procedure can be a
subject of a certiorari petition. There was grave abuse of
discretion when after Jardeleza obtained majority vote, they
did not include his name in the shortlist given to the
president. There was a virtual refusal to perform a duty
required by law. What is the basis required by law? It‘s in the
JBC rules itself.
How did the court justify the PDAF, etc even if not judicial or
quasi-judicial functions? Under this expanded rule as long as
there is grave abuse of discretion amounting to lack or
excess of jurisdiction.
What are the QJ bodies?
o NLRC
o DOLE
o DOJ
o NCIP and
o All other government agencies not under the
judiciary
Why is certiorari available remedy against quasi-
judicial bodies?
To keep the administrative bodies within their
jurisdiction and protect substantial rights of the
parties affected by their decision.
So the review of the decisions of the administrative bodies is
part of the check and balances of the branches of the
government which is a limitation on the separation of powers
that forestalls arbitrary and unjust adjudications.
Take note, normally certiorari will lie against judicial and
quasi-judicial bodies when they render or adjudicate cases.
Does that mean that certiorari will not lie against other
parties?
The rule of thumb is to determine whether that particular
government agency exercise a judicial or quasi-judicial
functions? If it does, no question, certiorari will lie if you can
show grave abuse of discretion. And the courts review of that
administrative body is not an encroachment because of the
SC‘s power of review. That is the justification, that is the very
reason why the SC can review of administrative bodies even
if they are not within the judicial department but are within
the executive department.
Page 10 of 30
And take note under Rule 64, kahit na independent
constitutional bodies like COMELEC, COA still subject to the
review of the SC precisely because of the SC‘s power of
review, that is the inherent power of the SC. And part of that
power of judicial review is to check on whether each and
every department of the government is exercising their
functions within the bounds of law. There is no excess or
abuse of their jurisdiction.
Grave abuse of discretion
If you don‘t allege it, should your petition for certiorari be
dismissed outright? No, because the omission of this is not
fatal. Kahit hindi mo pa na-articulate yang phrase na yan as
long as there is a clear showing of grave abuse discretion.
Grave abuse of discretion is a mere conclusion of law,
deducible from the facts alleged in the petition. What is
important is that you are able to adduce all the facts that
would show grave abuse of discretion.
Kaya siya grave abuse of discretion kasi you have to
overcome eh. In every resolution, decision or final order
issued by the court or quasi judicial body, there is a
presumption of regularity in the performance of duty. Para
magkaroon ng basis for review under Rule 65, there must be
a showing of grave abuse of discretion such that any
presumption of regularity, every presumption of justice and
fair play is automatically negated; for you to have a case that
will prosper under Rule 65.
Who has the burden?
Petitioner.
Abuse of discretion must be patent and grave as to
amount to:
1. An evasion of positive duty ;
Like there was a denial of due process; or there was
a duty of the court to hear the parties but it did not
do so
2. A virtual refusal to perform a duty required by law;
3. Act in an arbitrary and despotic manner by reason
of passion and hostility.
If you are able to show facts along this line even without
mentioning grave abuse of discretion then you can establish
grave abuse of discretion.
Also includes acts done in violation of the Constitution, the
law, or jurisprudence.
Lack of Jurisdiction
Error in jurisdiction: there‘s no authority to hear the case like
jurisdiction belongs to the RTC, and it‘s the MTC that hears
it, very clear. How will you determine if there is no
jurisdiction? You look at the law that confers jurisdiction, it‘s
statutory.
The court acted with absolute want of jurisdiction
(Jurisdiction is the authority to hear and decide a case).
- Court has no jurisdiction in the 1st place when it
should‘ve been filed in the DOLE because of the
jurisdictional amount involved. Or it should've been filed
before the NLRC but it was filed in DOLE and the latter
took cognizance of it even though it doesn't have
jurisdiction on termination of cases. So, that's GAD, very
apparent.
Error in the exercise of jurisdiction: It‘s different when we
say that there is an error in the exercise of jurisdiction.When
you say error in the exercise of jurisdiction, it‘s in the
appreciation of evidence, on how the case was decided etc.
 It‘s so grave that it ousts you of your jurisdiction. Kaya
nga in excess.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

So when you say exercise of jurisdiction, what does it comply with the requirement that
mean? there is no plain, adequate,
speedy remedy available. If
It is the act of deciding all other questions arising in the there‘s MR available, by all
case. That's how you exercise your jurisdiction and if there's means go for it because you‘re
error in that, the remedy is by ordinary appeal. You don't giving the tribunal the chance to
resort to certiorari. While when you say GAD, there's correct itself.
jurisdiction but the person exceeded the same. And you can IF, it doesn‘t require for an MR
only say that there's excess when there's GAD. then you go for rule65 because
you fall under the exception. Like
Excess of jurisdiction, what does that mean? in the case of Ombudsman,
admin case, some cases don‘t
There is jurisdiction, no question about it. The case was filed
provide for MR.
to the court that has jurisdiction but the court exceeded its
jurisdiction.
7. Nature of Appeal: Original.
[2014 TSN: Let‘s say in an unlawful detainer case, the court Appellate.
The higher court exercises
awarded damages. What is allowed damages in unlawful The appellate court is in the original jurisdiction under its
detainer, back rentals lang but he awarded moral damages, exercise of its appellate power of control and supervision
etc. Is that a mere error in the exercise of jurisdiction or is it jurisdiction or power of review. over the proceedings of lower
an excess? Technically there's grave abuse of discretion, courts.
wala syang jurisdiction to award damages other than back
rentals. So, there's excess. General Rule: Certiorari is not a substitute for appeal.
So it could be tricky but the rule of thumb there is, even if Certiorari and appeal are two different remedies that are
there's excess or grave abuse of discretion, if the remedy of mutually exclusive. They are not alternative or successive.
appeal is available, go for it. For certiorari will only lie if
there's no plain, speedy and adequate remedy. Supposing you forgot regarding the appeal, you didn‘t take
note of the reglementary period, di pwedeng substitute ang
So, kahit pang klarong-klaro na grave abuse of discretion, it's certiorari.
a no. Even if you have a ground under Rule 65 but if there's
adequate remedy, better go for ordinary appeal.] G.R. No. 156067. August 11, 2004] MADRIGAL
TRANSPORT, INC. vs. LAPANDAY HOLDINGS
CORPORATION; MACONDRAY AND COMPANY, INC.;
Rule 45 Rule 65
and LUIS P. LORENZO JR: Certiorari and appeal are two
different remedies that are mutually exclusive; they are not
1. Appeal by certiorari Petition for certiorari
alternative or successive. Where appeal is available,
It brings up [purpose] review Issues to correct errors of certiorari will not prosper, even if the ground therefore is
errors in judgment committed jurisdiction and grave abuse of grave abuse of discretion.
by the court in the exercise of its discretion amounting to lack or in
jurisdiction. excess of jurisdiction. You will encounter this when you become lawyers that in
some pleadings in an appeal brief for instance, some say that
the lower court committed grave abuse of discretion but it is
2. Involves review of It may be directed against an
not presented in a petition for certiorari but in ordinary
judgments, awards of interlocutory order prior to
final orders. appeal, or where there is no appeal. Because even if grave abuse of discretion exists,
appeal, speedy or adequate when the remedy of appeal is available, you go for that.
remedy
Exceptions:
(so you can avail of certiorari
under rule 65 involving an 1. If the appeal is not the speedy, adequate remedy.
interlocutory order and not 2. If the orders were issued in excess or without jurisdiction.
necessarily a final order.)
3. When there are special considerations such as the public
3. Filed within the Filed not later than 60 days from welfare or public policy.
reglementary period to notice of the judgment or order
appeal – 15 days or from the denial of the MFR. 4. In criminal actions, if there is acquittal of the accused,
then there is no other remedy of the aggrieved party but to
4. Effect: Stays the Does not stay the challenged file a petition for certiorari especially there is denial of due
execution of the proceeding unless a TRO or process.
Judgment, awards or injunction is issued.
5. When the order is of patent nullity, you can avail of
final orders appealed
from certiorari without filing an appeal.
6. When the decision of the certiorari case will avoid future
5. Petitioner and The parties are the aggrieved litigation.
respondent who were party (as petitioner) against the
the original parties are lower court or quasi-judicial In the case MADRIGALTRANSPORT, there‘s a distinction
the same parties to the agencyand the prevailing party made between certiorari and appeal. Basically they‘re the
petition, the lower (as respondents). same under rule 65: petition and appeal by certiorari.
court is not impleaded.
Test in resorting to certiorari in lieu of appeal
(There is a change in the caption
 It is not enough that the remedy of appeal exists or
in the case)
is possible. It is indispensable that taking all the
The lower court or quasi-judicial relevant circumstances of the given case, appeal
agency impleaded as a nominal would better serve the interest of justice.
party.
General Rule:
6. Prior filing of a MFR is MFR is a condition precedent
Certiorari will not lie to review discretionary actions of any
not required. subject to certain exceptions.
tribunal.
Why? Because you need to
Page 11 of 30
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
Exceptions:
1. Where the tribunal acted without or in excess
of jurisdiction;
2. It does not conform to the essential
requirements of the law and may reasonably
cause material injury; or
3. There is clear or serious abuse of discretion.
In Jardeleza’s case, the JBC has been considered as
exercising a discretionary function when they were
deliberating on who are to be nominated or included in the
short list to be given to the president. And even if it‘s a
discretionary function, itdid not conform to the essential
requirements of the law (yung rules nila mismo na if you got
the majority vote, your name has to be included in the list
that will be submitted to the president). Hence, the certiorari
can lie.
General Rule:
Certiorari is not a proper remedy for interlocutory orders.
Now, generally when you speak of certiorari it is not a proper
remedy for interlocutory orders like orders resolving a motion
to quash, admissibility of evidence, motion to dismiss etc.
These are interlocutory orders. So, you should wait for the
entire case to be finished and raise that issue on appeal later
on.
Exceptions:
1. When it involves violations of the constitutional
rights of the accused.
2. When the broader interest of justice principle will
apply.
3. Existence of a special circumstances
demonstrating inadequacy of appeal.
PROHIBITION
It is a writ by virtue of which a superior court
prevents the inferior courts, corporations, boards or
persons from usurping or exercising jurisdiction or
power within which they have not been vested or
entitled by law.
If the tribunal doesn‘t have jurisdiction over a certain case
and it assumes jurisdiction, then there‘s GAD on the ground
of lack of jurisdiction. Should you go for certiorari or
prohibition? The correct remedy is petition for prohibition
because the tribunal has no jurisdiction. In order to prevent
said tribunal from further conducting its proceeding on that
case then you have to file petition for prohibition.
The writ is one that commands the person or tribunal
to whom it is directed not to do something which he
or she is about to do.
The writ is also commonly defined as one to prevent a
tribunal possessing judicial or quasi-judicial powers
from exercising jurisdiction over matters not within
its cognizance or exceeding its jurisdiction in matters
of which it has cognizance.
When you say prohibition, it is a negative remedy. You want
to prevent somebody from doing something.
City Mayor of Baguio vs Baniqued:
SC traced the origin of prohibition:
Prohibition is a remedy of ancient origin, and has been said
to be as old as the common law itself. It was one of the
prerogative writs of the king, having for its function the
preservation of the right of the king‘s crown and courts. The
Page 12 of 30
process originated in conflict of jurisdiction between the royal
courts and those of the church, and was most frequently
employed in early times against the ecclesiastical courts to
restrain them from acting without jurisdiction.
Anciently, a writ of prohibition was an original, as
distinguished from a judicial writ, and could issue only out of
chancery. In later times writs of prohibition became judicial
writs out of a court of law, and do not appear to have issued
from a court of chancery in any case in which a court of law
might issue them, except during vacation, when the courts of
common law were not open, and in this country [i.e., the
United States] these writs have never been issued except by
a court of common-law jurisdiction. In accordance with, and
subject to, general rules, the remedy of prohibition has been
accepted in the United States as part of the common-law
system and employed in practice wherever it is suited to the
arrangement of the judicial system. Like other common law
remedies, it is generally recognized as existing in this country
unless abolished by positive statutory enactment.
What are the requisites?
- Basically the same with certiorari petition.
- Nadagdagan lang ng parties. Instead of tribunal alone or
quasi judicial body, kasali na dito ang corporation, board
officer and persons exercising judicial, quasi-judicial or
ministerial functions. A little broader lang ang coverage ng
prohibition in terms of functions as well as the persons
subject thereof.
- But the main ground is the same: there is without or excess
of jurisdiction or grave of abuse of discretion amounting to
lack or excess of jurisdiction.
- And there that element of no appeal or no other adequate
remedy in the ordinary course of law.
What is the function or prohibition?
It is a preventive remedy. It is to prevent or restrain
usurpation by inferior tribunals and to compel them
to observe the limitation of their jurisdictions. It is
not intended to provide a remedy for acts already
accomplished.
- Like I said, it is a preventive remedy. Main purpose of
prohibition is to prevent encroachment, usurpation or
assumption of jurisdiction on the part of the inferior court or
tribunal.
- Can you have a prohibition case against a Mayor? So, the
question here is does the Mayor exercise a judicial or quasi-
judicial function? Or a ministerial function for that matter? In
the case of City Mayor of Baguio vs Baniqued, the SC said
yes.
City Mayor of Baguio vs Baniqued: What is involved here
is the issuance of a demolition order. There was a prohibition
case filed against the mayor and the SC said that it is the
proper remedy.
The office of the mayor is given powers not only relative to
its function as the executive official of the town. It has also
been endowed with authority to hear issues involving
property rights of individuals and to come out with an
effective order or resolution thereon. In this manner, it
exercises quasi-judicial functions. This power is obviously a
truism in the matter of issuing demolition notices and/or
orders against squatters and illegal occupants through some
of its agencies or authorized committees within its respective
municipalities or cities.
There is no gainsaying that a city mayor is an executive
official nor is the matter of issuing demolition notices or
orders not a ministerial one. But then, it cannot be denied as
well that in determining whether or not a structure is illegal
or it should be demolished, property rights are involved
thereby needing notices and opportunity to be heard as
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

provided for in the constitutionally guaranteed right of due cases decided by the SC ruling on the validity of a law. Paano
process. In pursuit of these functions, the city mayor has to yan napunta sa SC, paano yan na-resolba? Anong remedy
exercise quasi-judicial powers. Moreno, in his Philippine Law ang inavail? You have Rule 65. Pwede din declaratory relief,
Dictionary, 3rd Edition, defines quasi-judicial function as nagsimula yan sa RTC all the way to the SC. Pwede rin sya
applying to the action discretion, etc. of public administrative under Rule 65. How? Paano mo yan ma-justify ang act of
officers or bodies, who are required to investigate facts or Congress in passing the law? Take note of the case of PDAF.
ascertain the existence of facts, hold hearings, and draw Ang kini-question is the validity of the general appropriations
conclusions from them, as a basis for their official action, and act. The GAA, there is a provision there na may post
to exercise discretion of a judicial nature. legislative participation ang members of Congress in the
identification of projects ng kanilang PDAF. Sa paglagay nila
- When it comes to demolition orders, that is a quasi-judicial
nung provision na yun, post legislative participation, is that a
function na pwedeng maging subject ng prohibition order
judicial/quasi-judicial act? No, it is a legislative act but
under Rule 65.
dinecide ng SC. Was it under certiorari? No, but it was under
Distinctions: Rule 65, on prohibition. Kasi kung certiorari dapat
judicial/quasi-judicial function. Pero bakit na-justify sya under
Prohibition Certiorari Rule 65 on prohibition? Because there was a deviation from
the constitutional provisions on the separation of powers on
1. Prays that respondent 1. Seeks to annul or the executive, legislative and judiciary.
be ordered to desist modify the When congress makes a GAA, that‘s purely a legislative
from further proceedings of any
function. Pero once naipasa na ang batas na yan wala nang
proceeding in the tribunal.
action or matter participation ang Congress on how to spend the funds. But
what happened there was kahit tapos na ang batas may
2. Preventive remedy 2. Corrective remedy participation pa rin ang Congress on how they spend the
which restrain the and refers to acts money and that is already on the execution of the law which
doing of an act about already consummated properly belongs to the executive department. Nagkaroon na
to be done nang encroachment kaya nagkaroon ng massive corruption
hence the Napoles issue. That was ruled under Rule 65,
3. The private party is 3. The private party is prohibition. Because the SC has the power to ensure that
included as not required to be each branch of the government should perform their
respondent. included as functions within the bounds of their limitations set forth in
respondent. the Constitution. That is the power of judicial review.If you‘re
act is unconstitutional, that is clearly a grave abuse of
Similarities discretion. Kaya sya nahulog na prohibition kasi dapat i-stop
1. Both are original or independent action and not a yan and di na dapat gawin yan.
continuation or part of the trial resulting in the rendition of Again, kahit pa rule-making power yan, if there is violation of
judgment complained of;
the Constitution, you can still make out a case of grave
2. The grounds under both actions are basically the same— abuse of discretion that is a proper subject of certiorari or
excess of jurisdiction or lack of jurisdiction prohibition under Rule 65.

Prohibition Mandamus

A negative remedy which forbids An affirmative remedy

the doing of certain things which
out not to be done
Object is to prevent one from
executing or continuing to
execute an act
Prohibition
Strikes at the very jurisdiction of
the court.
(You are prohibiting the court
from acting because it has no
jurisdiction.)
commanding certain things to be
What is mandamus?
done
Object is to compel compliance
with a function prescribed by law
Injunction
Usually recognizes the
jurisdiction of the court where
the action is pending
(It presupposes the jurisdiction
of the court where the action is
pending)
MANDAMUS
 A writ issued in the name of the State, to an inferior
tribunal, corporation board officer or person,
commanding the performance of an act which the
law enjoins as a duty resulting from an office, trust
or station.
 The writ lies to require the execution of a ministerial
duty.
 Available to compel action, when refused, in matters
involving judgment and discretion, but not to direct
the exercise of judgment or discretion in a particular
way or the retraction or reversal of an action
already taken in the exercise of either.

Directed to the court itself. Directed only to the parties
litigants without in any manner
interfering with the court
There was a question in the report whether Rule 65 can
apply against the legislature or congress for that matter.
When Congress passes a law, can that be a subject of a
petition under Rue 65? Obviously, Congress does not
exercise judicial or quasi-judicial function. But it can be.
Under Rule 65, you have certiorari directed against tribunals,
quasi-judicial bodies, in case of prohibition you have board,
officer, not necessarily exercising judicial or quasi-judicial
functions but ministerial. But in the passage of a law for
instance, how will you question it? And how come there are
Page 13 of 30
Here, the indispensable requirement is the existence of a
Ministerial duty. It is available to compel action with
matters involving discretion but not directly in the exercise of
judgment or discretion, one way or the other. If you're
asking the tribunal to rule on a certain matter because it has
been remiss in its duty to resolve certain cases, can a
mandamus prosper in that regard? YES, if you want the court
to act on a certain action. But if you want the court to act
this or that way, mandamus will not lie because that will
involve discretionary function.
What is Ministerial duty?
One that requires neither the exercise of official discretion
nor judgment. It connotes an act in which nothing is left to
the discretion of the person executing it. It is a simple,
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

definite duty arising under conditions admitted or proved to and a sworn certification of non-forum shopping as provided
exist one way or the other. in the third paragraph of section 3, Rule 46.
Purpose So what are the specific reliefs you pray for in your petition?
To compel the performance of a ministerial duty but not the  For CERTIORARI, you are asking the court to annul or
performance of a contractual obligation or to compel a modify the proceedings of such tribunal, board or
course of conduct or to control or review the exercise of officer, and granting such incidental reliefs as law and
discretion. justice may require.
Requisites for Filing  In PROHIBITION, you are praying that judgment be
rendered commanding the respondent to desist from
1. A Tribunal Corporation, board, officer or person who
further proceedings in the action or matter specified
Neglects the performance of an act which the law
therein, or otherwise granting such incidental reliefs as
specifically enjoins as a duty resulting from an
law and justice may require.
office, trust, or station
 In MANDAMUS, you are praying for the issuance of an
2. Excludes another from the use and enjoyment of
order commanding the respondent, immediately or at
right or office to which the relator is entitled
some other time to be specified by the court, to do the
3. You have to allege that There is no plain, speedy, act required to be done to protect the rights of the
and adequate remedy in the ordinary course of law petitioner, and to pray for the damages sustained by the
petitioner by reason of the wrongful acts of the
 In order for this petition to prosper, petitioner must
respondent. It is only in Mandamus thatpetitioner can
show clear performance and the respondent has
ask for damages by reason of the wrongful acts.
mandatory duty to do the act.
When do you file?
In 2008, the SC came out with a decision regarding the duty
of MMDA to clean up Manila Bay. Not later than sixty (60) days from notice of the judgment,
order or resolution. In case a motion for reconsideration or
Does mandamus lie against MMDA to clean up Manila
new trial is timely filed, whether such motion is required or
Bay? Yes. CASE: MMDA vs CONCERNED RESIDENTS OF
not, the sixty (60) day period shall be counted from notice of
MANILA BAY [G.R. Nos. 171947-48, December 18,
the denial of said motion.
2008]
Can you extend the 60 day period?
MMDA has ministerial duty. MMDA has duty in the solid
waste disposal is set forth in PD 1152 (Environmental Code) In the case of:
and RA 9003 (Ecological Solid Waste Management Act) and
LAGUNA METTS CORPORATION V. CA, G.R. No.
RA7924 (Act creating the MMDA)
185220 July 27, 2009 – NO.
Does mandamus lie against other line agencies
But in the case of DOMDOM V. SANDIGANBAYAN, G.R.
[under their respective charters that created them] to
Nos. 182382-83 February 24, 2010 - YES.
clean up Manila Bay? Yes.
So pwede siyang ma-extend.
1. DENR
Where do you file it? Who has the jurisdiction to hear
2. MWSS
petitions under Rule 65. There are several courts that have
3. LWUA concurrent jurisdiction under Rule 65.
4. DA 1. Supreme court
5. DPWH 2. Court of appeals
6. PCG 3. Sandiganbayan
7. PNP Maritime group 4. Regional trial court
8. PPA 5. COMELEC for election cases
How about JDC, would mandamus lie? Take note that in petitions under Rule 65 in relation
No, because it exercises discretionary function. with Rule 64, only the Supreme Court has exclusive
jurisdiction.
How about the fact that a vote has already been
obtained? Under Special Laws pwede din the Shariah Appellate court
and Shariah district courts, you can also file a petition for
The court agrees with the JDC that mandamus is not certiorari.
available.
Now because there is concurrence of jurisdiction here, what
Forms and contents of petition: is the rule?
1. Petition must be verified The first court that takes jurisdiction shall exercise exclusive
jurisdiction of the petition to the exclusion of all other courts.
2. State the facts, issues, and arguments, and the prayer for
relief Can you go directly to the SC?
3. Show material dates Normally, No, because you have to observe the hierarchy of
courts principle. You start with the lower court.
4. Pay docket fees
What is the effect of filing a petition under Rule 65? Unlike
What are the accompanying documents? an appeal, that stays the proceedings, a petition under Rule
The petition shall be accompanied by a certified true copy of 65 will not stay the proceedings. If you have an interlocutory
the judgment, order or resolution subject thereof, copies of order subject of a certiorari, then the case continues with
all pleadings and documents relevant and pertinent thereto, respect with the proceedings in the lower court.

Page 14 of 30
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
The public respondent, meaning the tribunal below will
proceed with the principal case within 10 days from filing of
the petition for certiorari if there is no TRO issued. Pag nag-
file kang petition for certiorari, maghihintay muna ng 10 days
ang lower court/tribunal. Kung walang TRO,
patuloysiyasapag-hear ng case.
What happpened before was that the lower court, the
moment na nagkaroon nang certiorari, in one of the orders
issued by the court, hindi na gagalawin ang kaso, patutulugin
na ang case. There is delay. That shouldn‘t be the case
because a petition for certiorari is an original action; it is not
an appellate recourse. Therefore, it has no effect whatsoever
in the proceedings below. The proceedings below should
continue as it should, unless there is an injunctive relief
issued.
So ngayon, para mawala na ang practice na iyan,
napatutulugin ng tribunal ang kaso whenever it is subject to
a petition for certiorari, there is here an amendment
introduced by the Supreme Court, that the failure of
the public respondent or the tribunal to proceed with
the principal case may be a ground for an
administrative charge. So lahat ng mga courts ngayon
when there is a certiorari petition filed in one of the orders
issued in that case, they cannot anymore stay the
proceedings of that case. They have to continue hearing the
case.
What If the petition for certiorari is outrightly
dismissed? What is the effect?
The court may award in favor of the respondent treble costs
solidarily against the petitioner and counsel
If you are the counsel, you better think twice before
availing of the Rule 65 petition. Aside from that the counsel
may be subjected to administrative sanctions under Rules
139 and 139-B of the Rules of Court. (disbarment case) The
Court may impose motu proprio, based on res ipsa loquitur,
(what is that? CONTEMPT!) other disciplinary sanctions or
measures on erring lawyers for patently dilatory and
unmeritorious petitions for certiorari.
If you are the counsel, you need to weigh things properly.
Who will be the respondents in a Rule 65 petition?
It will be the usual parties but it will now include the public
respondents that rendered the judgment or resolution
subject of the case but only as nominal parties. It will be the
private respondents who are charge with the duty to actively
defend the case as well as the public respondents. They will
be the ones to bear the costs that may be awarded to the
petitioner.
The role of the public respondent is merely nominal. They
are silent parties unless they are required by the court to
submit their own comments or required pleadings to shed
further light on the case. The judgment under rule 65 can be
enforced, normally rule 65, if it is to nullify the order, prohibit
or to command the performance of an act. If there is non
compliance, the prevailing party may avail of contempt in
order to compel or execute the judgment.
I have a case na medyo bading ang ruling ng CA. What
happened was I filed a motion to dismiss on the ground that
there was non-payment of docket fees. I attacked the
jurisdiction, if there was non-payment of the correct docket
fees then the court did not acquire jurisdiction. Therefore,
the case should be dismissed on the ground of lack of
jurisdiction. So I cited the case of Sun Life Insurance. My
motion to dismiss was denied, it was an interlocutory order
but since I was raising the issue on jurisdiction, inakyatko on
certiorari. That was the case na nag muni muniako. Baka
makabayad akong treble costs and baka magka-disciplinary
action against me. But nevertheless, the client said yes so
umakyat kami. True enough dinismiss ang CA, it denied
Page 15 of 30
my petition but directing the respondents to pay.
Nung natanggap na naming ang order, ayaw parin magbayad
ng respondents. Paano na ito ngayon? Nag-manifestation
ako na there was receipt but there was non-compliance. I
was asking for a show cause order. Ang sabi ko the
appropriate sanctions be granted in lieu of the non-
compliance of that specific order in the decision requiring
them to pay docket fees.
Ang ginawang CA show cause order, why the lower court
should not be ordered to dismiss the case for non-payment
of docket fees. In other words, pwedeng idismiss since there
was deliberate refusal to pay the correct docket fees. Only
then nanagbayadang respondents. So eto yun, that particular
point in the case nahumihingina akong appropriate sanction,
pwedeng mahulog sa contempt.
Flow chart
Filing of Verified
Petition
Outright dismissal if Order to Comment
insufficient in form (if sufficient)
or substance
Require filing of a reply
and other pleadings as it
may deem necessary
Hearing or Submission of
Memoranda
Judgment
Execution
 Verified petition. The court can:
 Outrightly dismiss the petition for formal defects or
 It will require the submission of comment by the
respondent.
 In the meantime it can also issue injunctive relief.
 Then after the comment is filed, the other party or the
petitioner can make a reply if allowed by the court.
 Afterwhich, they may have oral arguments or submission
of memoranda.
 It will be submitted for decision.
The procedure seems simple enough, especially in the
proceedings before the CA. In the appellate court, wala ng
hearing2x yan. Wala ng presentation of evidence yan. All
written arguments lang ang isu-submit.
Given the simplicity of the procedure here and the absence
of a trial and the submission or presentation of evidence,
gaano ito katagal? In my experience 5 years average.
Ganoon katagal. Even if you have submitted all your
arguments, swerte ka na pag na resolve yan in two or three
years.
QUO WARRANTO
Rule 66
What do you mean by quo warranto?
QUO WARRANTO it‘s a latin term which means ―by what
authority‖. It‘s another prerogative writ by the government to
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

call upon any person to show what authority or what warrant
he holds a public office or exercises a public franchise.
Who should file it?
1. The State-Action must be brought in the name of the
Republic of the Philippines and commenced by the Solicitor
General or Public Prosecutor (Sec. 2 & 3)
2. The Private individual
ONLY when:
a) He claims entitlement to a public office or
position usurped or unlawfully held or exercised by
another. (Sec. 5)
b) The law allows a private person to question the
regularity of the incorporation of an entity.
So kapag private individual hindi enough
nawalasiyang right to the position, you must be able
to show your own entitlement to that position.
The law allows a private individual to question the regularity
of the incorporation of an entity. This is with respect with the
creation of a juridical person.
Who may be respondents?
(a) A person who usurps, intrudes into, or
unlawfully holds or exercises a public office, position
or franchise;
Tinanggal na yung office in a corporation because
that is now covered by the rules on intra-corporate
disputes. Una na-transfer yan sa SEC na jurisdiction,
later on binalik sa RTC. That is now removed from
the coverage of Quo Warranto under Rule 66.
But if it is the Solgen who will file the action, it may be
brought in a RTC in Manila, in the CA, or in the SC.
4. SB also has jurisdiction in action arising under Eos 1, 2, 14
and 14-A and must be in aid of its appellate jurisdiction and
is not exclusive of the SC
What are the forms and contents?
1. Petition must be verified.
2. When brought by the government: it should be in the
name of the Republic of the Philippines as the petitioner.
3. When brought by an individual: it should be in the
individual‘s name as the petitioner.
4. When the action is for usurpation: [these must be clearly
STATED]
 must allege the name of the person claiming
entitlement and the defendant is unlawfully in
possession thereof.
 must implead all other persons claiming the position
There are two types of quo warranto. These are the
following:
1. Compulsory quo warranto
It is commenced by SolGen or the Public Prosecutor:
When directed by the President of the Philippines, or
When upon complaint or otherwise he has good reason to
believe that he can establish by proof that the case is under
Sec 1 of Rule 66.
2. Discretionary quo warranto

(b) A public officer who does or suffers an act It is commenced by the TheSolGen or the Public Prosecutor
which, by the provision of law, constitutes a ground may, with the permission of the court in which the
for the forfeiture of his office; or action is to be commenced, bring an action upon the request
and relation of another person known as the relator .
(c) An association which acts as a corporation within
the Philippines without being legally incorporated or The SolGen or the Public Prosecutor may ask for the deposit
without lawful authority so to act. in court of money in an amount approved by it for the
expenses and costs.
When do you file?
Flow chart
One year from the cause of ouster or the right of petitioner
to hold office or position arose.If beyond the 1year period,
the action is barred by prescription. So the one year is
prescriptive period.
Why is there a 1 year prescriptive period?
Title to public office cannot be subject of continued
uncertainty and people‘s interest requires that such be
determined as speedily as practicable.
So hindi kailangan patagalin. In the case of yung may mga
terms, dapat ma-resolve kaagad yung issue on who is
entitled to the position as fast as possible.
1. You have to file an application for permission to file
There is an exception to the one-year period. It is a quo warranto action filed with the court and the
when the petitioner is not guilty of inaction or when court will direct the respondent to comment.
with the assurance of the government, the petitioner
2. After the comment, the court will either deny the
was made to wait longer than 1yr. Like when he was
application or grant it, furnishing all copies to
made to believe by the assurances of some people in the
interested parties.
government that time is not of the essence and the petitioner
was able to delay the filing of the action because of that. In 3. If it grants the application, then the application will
this case pwedemahulogsa exception. be filed by the Solgen within the period fixed by the
court.
Where do you file it?
Difference between quo warranto filed by the state and filed
Original and concurrent jurisdiction:
by an individual
1. SC
STATE PRIVATE INDIVIDUAL
2. CA
3. RTC exercising jurisdiction over the territorial area where Not necessary that there be a It is necessary for the petitioner to
the respondent or any of the respondents resides. person claiming to be entitled prove his right to the office in

Page 16 of 30
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

to the office alleged to have dispute, otherwise the court shall
been usurped, thus the duty of not pass on the right of the
the court is to pass upon the defendant in office
right of the defendant only
If the Solgen files, no need to show entitlement to the
position but if it‘s a Private Individual, there‘s a need to
allege and show the right to entitlement.
If there is usurpation, the order or judgment ousting the
occupant of the public office concerned, as well as recovery
of costs of the petitioner. The ousted defendant will be
required to turn over the office to the rightful occupant
together with the books and papers in his possession. Failure
to do so will be sanctioned by contempt as well as payment
of damages.
If the quo warranto judgment is against the public officer, it
does not bind the successor in office even thought such
successor may trace his title to the same source. It is never
directed to an officer as such but always against the person -
to determine whether he is legally and constitutionally
authorized to perform the act or exercise any function of the
office to which he lays his claim.
Supposing reinstatement is not possible, what happens?
The public officer entitled to the office may be entitled to
back salaries.
When do you file an action for damages?
questioning the qualification of Poe. But when Poe filed her
COC meron na namang nag-file ng disqualification case sa
kanya. Ang tanong, anong petition yun? It may be a quo
warranto petition but under the COMELEC Rules not under
Rule 66. Kasi pag Rule 66, applicable kasi eto sa
appointive positions hindi elective. Yung nangyayari
ngayon, it‘s based on the election. It is an elective position.
It‘s basically governed by the Election Code as well as the
COMELEC Rules, although Quo warranto ang tawag. I do not
want to confuse my students pagsinabing quo warranto
under Rule 66. Kasi pagsinabi mong quo warranto under
rule 66 do not confuse it with issues about election.
Kasi hindi talaga sila tugma. Hindi sila pareho. You
must be able to make that distinction.
Quo Warranto under the Election Code vs. Election
Protest
In quo warranto under the Omnibus Election Code, the
dispute refers to the ineligibility to hold public office and
disloyalty to the Republic of the Philippines. On the other
hand in election protest the dispute refers to the conduct of
election. In quo warranto, the second placer does not take
the place of the ousted or disqualified winner. The law on
succession on public office applies (i.e. Vice Mayor becoming
the Mayor) In protest If protestant wins, protestee is ousted
and protestant takes over.
Quo Warranto in Elective Position vs. Quo Warranto in
Appointive Position

The action for damages must be commenced within one year QW under Election Code is for elective office whereas under
from the entry of the judgment establishing the petitioner‘s rule 66, Appointive Office. That‘s why pag elections na ang
right to the office in question. Before you file for damages in pinag-uusapan, out na ang 66.
a quo warranto petition, you must first have a judgment
granting your petition. After that, you have one year to file Appointive Office Elective Office
your action for damages.
Issue is legality of appointment Issue is eligibility of candidate (in
Who will be liable for the costs? the case of Poe, yung kanyang
pagiging Filipino citizen)
1. Petitioner
2. Relator Court determines who was If declared winner is found
legally appointed & declares ineligible, court cannot declare
3. Respondent who is entitled to occupy office second placer to take his place

4. Persons claiming to be a corporation

Generally, jurisdiction is with Action could be filed in the proper
Or all of them as may be apportioned by the court. the courts or CSC in proper electoral tribunal or COMELEC or
cases RTC

Quo Warranto Mandamus

Proper remedy if the respondent The proper remedy when the
claims any right to the office respondent unlawfully excludes
and usurps, intrudes into, or the petitioner from an office to
unlawfully holds it against the which the latter is entitled
petitioner WITHOUT usurping, intruding
into, or unlawfully holding the
office.
If you‘re preventing somebody to
hold an office but you‘re not the
one in usurpation of that office,
then mandamus will lie; If you
have the ministerial duty.
Directed against the PERSON Directed against the PERSON
ACTUALLY holding the office UNLAWFULLY EXCLUDING
petitioner from office in question
TESTS title to one‘s office AVAILS to enforce clear legal
claimed by another duties and not to try disputed
titles
Take note that the case before Senator Poe right now in the
Electoral Tribunal is a quo warranto petition filed by Atty.
David who was a senatorial candidate so pwede. We can say
na entitled siya kasi senatorial candidate siya noon
Page 17 of 30
Should be filed within one (1) Should be filed within 10 days
year from the date the person from date of proclamation (in the
assumes office case of Poe 3 yrs after she was
proclaimed a senator- way beyond
the 10 day period)
Take note in the case of Soriano vs Estrada, way back in
2001, this is a consolidated case involving the oath taking of
GMA.
In the first petition, it seeks to enjoin Estrada from exercising
the powers of the president and to yield the presidency to his
constitutional successor.
The 2nd petition is to declare the occupation of Arroyo to be
Constitutional and legal with the full support of the Filipino
People and other foreign countries because that was by
virtue of EDSA 2.
The 3rd petition asks for a definitive ruling on whether
Estrada is still president, hence exempt from all criminal
suits.
The 4th petition prays that GMA‘s proclamation and oath-
taking be declared void.
All of these have something to do with the ouster of Estrada
and the assumption of the presidency by GMA.
What was the ruling of the SC?
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
The SC said that the 4 petitions are essentially for
declaratory relief over which the SC has no original
jurisdiction. Remember that declaratory relief is within the
exclusive jurisdiction of the RTC. Petitioners admit that it is
one for declaratory relief and they have no locus standi
because ethey cannot show any direct or personal injury as a
result of GMA‘s oath- takling. SC said kibitzers, however well-
meaning, have no locus standi.
The petitions cannot be treated as quo warranto, non of the
petitioners was able to quality to commence the petition for
qw. They cannot show that they are entitled to the position
of president.
In the case of Liban vs Gordon, this one was a qw
proceeding instituted by a private individual against Gordon
questioning the continued occupancy of Gordon as a Senator
in view of his position with the Philippine Red Cross. It was
dismissed because the petitioner was not able to show his
own entitlement to the position of Senator.
Here the person instituting quo warranto in his own behalf
must claim and be able to show that he is entitled to the
office in dispute. Otherwise, the action may be dismissed at
any stage. The petitioners do not claim to be entitled to the
Senate office of the respondent. Clearly, petitioners have no
standing to file the present petition.
In the case of Topacio v. Ong and OSG, this was a petition
against Justice Ong from exercising the duties and
responsibilities of of a SB Associate Justice. There was a
complaint against Justice Ong here via a verified letter
request, requesting the Solgen to initiate a qw proceeding
against Ong as Associate Justice of Sandiganbayan.
What was the reply of the OSG?
It said that it cannot favorably act on the request until the
case, the pending case in the RTC shall have been
terminated with finality.
What is that RTC case?
It is the petition for amendment, correction, supplementation
of entries in his certificate of birth.
Nireject siya because Ong has a prior petition with the RTC
for correction of his birth record. The basis kasi for the quo
warranto is about his citizenship. So there was no declaration
the he is not a natural born Filipino citizen, he was just made
to fix it first. And that is why, there was that decision. On the
basis of that decision , here comes Topacio asking the OSG
to institute a quo warranto proceeding.
Did the OSG committed GAOD in refusing the request of
Topacia? NO
The Solgen in the exercise of sound discretion may suspend
or turn down the institution of quo warranto where there are
just and valid reason. So here the just and valid reason is
there is that pendency of the RTC case and the consequent
risk of forum shopping.
In other words, there was a relator asking the Solgen to
institute a qw and SC said in agreeing in the request of the
relator thatis in the exercise of the sound discretion of the
Solgen.
Can certiorari and prohibition lie against Ong?
The SC said NO, while denominated as a petition for
certiorari and prohibition, the petition partakes of the nature
of a qw proceeding with respect to Ong. It effectively seeks
to declare null and void his appointment as an Associate
Justice of the SB for being unconstitutional. Again, the
petitioner failed to prove that he is entitled to that position.
Also, the SC said that there can be no collateral attack on a
public officer‘s title. Hindi pwede na through certiorari and
prohibition aatakehin mo na ang title of a public officer to his
Page 18 of 30
position. It must be a direct proceeding and that proceeding
is what you call the quo warranto proceeding.
Supposing quo warrantonga, pwedeba?
Hindi pa rin because there is no sufficient proof of a clear
and individual franchise to the office of Associate Justice of
the Sandiganbayan shown by the petitioner.So wala siyang
proof. He even concedes that he was never entitled to
assume the office of an Associate Justice of the
Sandiganbayan.
Now Justice Ong has already been removed for some
irregularities. He was subjected to an administrative case and
found guilty.
EXPROPRIATION
Rule 67
Actually Rules 67, 68 and 69 are special civil actions
that have something in common. They involve two
stages.
Let‘s start on Rule 67 on expropriation or the exercise of the
right of eminent domain. As you know the right of eminent
domain is one of the inherent powers of the state. That is
basically the taking of property for public use even without
the consent of the owner but with just compensation. The
exercise of such right is what we call expropriation. The
procedure for such proceeding is found under Rule 67.
In your constitutional law you already know the limits to the
exercise of the power of eminent domain. Like those found in
the Bill of Rights:
Article III, Section 1. ―No person shall be deprived of life,
liberty, or property without due process of law. Nor shall any
person be denied of equal protection of the law.‖
You also have,
Article III, Section 9. ―Private property shall not be take
for public use without just compensation.‖
We also have other provision of the Constitution that limits
the exercise of the power of eminent domain.
The basic requisites are due process, just
compensation and the purpose of the taking must be
for public use.
How do you initiate the complaint?
1) Verifiedcomplaint
2) Must allege:
 The right and purpose of expropriation – This
means that the expropriating entity has the right to
expropriate as well as the taking is for public
purpose
 Description of the real and personal property sought
to be expropriated
 The circumstances relating to the ownership of the
property. The fact that title to property sought to be
expropriated appears to be in the Republic of the
Philippines but occupied by private individuals, or
that title is otherwise obscure or doubtful so that
plaintiff cannot with accuracy or certainty specify
who are the real owners.
3) Must implead all persons owning or claiming to
own, or occupying, any part thereof or interest
therein, showing, so far as practicable, the
separate interest of each defendant.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

Why is it that there is no counter-claim

allowed when you file an answer?
There are 2 Basic Stages in Expropriation:
It is because the procedure prescribed in Rule 67
1) Determination of plaintiff’s authority to
already provides how you can claim damages
exercise the power of eminent domain and
against the plaintiff. There is still a second stage
the propriety of its exercise in the context of
where the value of just compensation will be
facts involved in the suit.
determined. It should include the claim for damages
2) Determination of just compensation with the against the plaintiff. This is one of the peculiarities
assistance of 3 commissioners of this rule.
5) And then, there will be a trial of hearing to
determine the propriety of the expropriation.
Now upon the filing of the complaint, the plaintiff can already
gain immediate possession of the property
to be expropriated upon payment of the
preliminary deposit. What is that
preliminary deposit?
It is in an amount equivalent to the
assessed value of the property for
purposes of taxation. Anong ibig sabihin
niyan? It‘s the BIR zonal valuation. That is
the basis for your preliminary deposit.
Where will you make the deposit?
It will be held by the government
authorized depositaries. You do not have
to deposit it with the court. Pwede na sa
government authorized depositary or the
court will require that you deposit it with
the clerk of court.
Now what is the exception to this?
Under a special law, under RA 8974, where
you are supposed to deposit 100 percent 6) And then after the hearing or the trial, you have the
of the BIR zonal value of the land and the value of the judgment whether granting order of expropriation
improvements. But this only applies when the projects or or deny it. The order of expropriation or dismissal is
acquisition is for the right of way, site for government subject to appeal since it is a final order.
infrastructure projects. Outside of that you do not have to
deposit 100 percent of the BIR zonal value, only the assessed The order of expropriation meaning pag nag-issue ang court
value. ng order of expropriation, granted nayung prayer ng plaintiff
to expropriate. What does an order of expropriation state? It
In what form should you pay the deposit? should clearly state that the plaintiff has the right or
It should be in money or in cash unless the court allows the authority to expropriate. It should confirm that the plaintiff
deposit of a certificate of deposit of a government bank, has the right to expropriate and that the taking is for public
payable to the authorized bank or depositary. use as stated in the complaint. With the issuance of the
order of expropriation, that terminates stage 1. That can now
For personal property, the value shall be provisionally be elevated to the higher court for appeal.
determined and the amount to be deposited fixed by the
court. The power to expropriate is basically lodged in the legislative
branch. We will no longer take that up. Let us go to stage 2,
What is the use of the preliminary deposit? the determination of just compensation. Is the payment of
just compensation a condition sine qua non in the in the
1) pre-payment of value of property, if finally an order of
issuance of order of expropriation? No, because the order of
expropriation and
expropriation should come before the determination of just
2) indemnify for any damage in the event the proceedings compensation. You cannot proceed to stage 2 which is the
fail to consummate: if the expropriation has been dismissed. determination of just compensation kung hindi ka pa nakaka-
determine ng authority to expropriate and the purpose is for
FLOW CHART public use. When you say determination of just
1) Complaint, and together with the preliminary compensation or payment of just compensation that
deposit, you file it in court, presupposes natapos na ang stage 1 mo. May order of
expropriation kana.
2) Then the court will cause the service of summons
and the complaint to the defendants. The requirement of the payment of just compensation is for
you to be able to transfer title to the property and not for
3) The defendants can appear, either by manifesting in you to have the order of expropriation. After the rendition of
court that they have no objection or defense if they the order of expropriation, the court shall appoint
don‘t object. Otherwise, they will file an answer commissioners to ascertain the just compensation for the
interposing his objections or affirmative defenses. property.
4) Then after filing of answer. No filing of What do you mean by just compensation?
counterclaim, cross-claim or third party complaint
and other subsequent pleading is allowed. You are The full and fair equivalent of the property to be
NOT allowed to file a motion to dismiss. You have to expropriated.
file an answer. If you have grounds to dismiss, then How do you measure the just compensation?
allege them as affirmative defenses in your answer.
Page 19 of 30
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
It is not the taker‘s gain but the owner‘s loss. You look
primarily ano yung mawawala sa may-ari as a main
consideration in determining just compensation. So to be
just, it must be fair not only to the owner but also to the
taker. The full and fair equivalent of the loss sustained which
is the measure of the indemnity should be considered and
not whatever gain of the taking entity.
Ang formula natin for just compensation is the fair and full
value of the lot at the time of actual taking plus
consequential damages plus attorney‘s fees less
consequential benefits.
Just Compensation (JC) = Fair Market Value (FMV) +
Attorney‘s Fees + Consequential Damages – Consequential
Benefits
So if you are the landowner, tapos ka na sa stage 1. Na
overrule ka tapos may order of expropriation. Is it the end of
it for the landowner?
Hindi pa, pwede pa siyang makipaglaban on just
compensation. Doon ngayon an labanan. The landowner
should now aim for the highest value he can get from his
property. The owner may show any advantage that his
property possesses present and prospective in order that the
price will be satisfactorily determined. Lahat ng basehan mo
for you to justify the price that you are asking, ipresentmo na
sa commissioners.
What is the basis?
It should be the market value. Ano ang ibig sabihin ng
market value? It is the price paid by the buyer to the seller in
the open market in the usual and ordinary course of legal
trade and competition. So it is the fair value of the property
as between one who desires to purchase and one who
desires to sell without any compulsion on either side. It is
basically the current price.The general and ordinary price for
which the property may be bought in the locality.
So what do you consider in determining just compensation?
The cost of acquisition, the current value of the property,
actual and potential uses, the size, shape and location.
The question now is when do you reckon the just
compensation? When do you start computing?
At the time of taking which usually coincides with the time of
the filing. Where the institution of the complaint precedes
entry into the property, the just compensation should be
ascertained as of the time of the filing of the complaint.
So pagnauna yung complaint, then upon the filing of the
complaint, except when grave injustice would result when
the expropriator entered the property and instituted
expropriation proceedings only decades later. Masyado
naming sineswerto yung expropriator. Therefore, the
reckoning point would be upon the filing of the action, even
though the entry to the property occurred much earlier. It
will be to the benefit of the owner.
In the determination of just compensation, the appointment
of commissioners is mandatory. This means that the court on
its own cannot determine just compensation. Kailangan
talaga niyang mag-appoint ng commissioners. There has to
be trial by commissioner. The trial by commissioner here
is a substantive right which may not be dispensed
with, mandatory yan. If you are denied the opportunity to
present evidence before the commissioners, then you can
claim denial of your right to due process. The trial by
commissioner is separate and independent of the ocular
inspection made by the commissioners. The commissioners
have the power to view, examine and measure the property
in question for them to be able to determine the just
compensation of the property, especially if the testimony of
the witnesses are conflicting. However, the ocular inspection
cannot be the sole basis for determining just compensation.
Page 20 of 30
The commissioners after hearing the parties can come up
with a partial report if required by the court with respect to
a particular portion of the property.
If the estate or the property so large na ang tagal nilang
matapos, then the court can order the commissioner to
submit a partial report kung ano na yung natapos nila. On
the basis of such partial report, the court can render partial
judgment without prejudice to the conduct of subsequent
proceedings by the commissioners as to the rest of the
property which may be subject of another partial report to be
submitted to the court and for the latter‘s approval.
After the commissioner shall have finished the proceedings
then they will present a full and accurate report of the
proceedings (final report) and the same can only be
considered effectual if accepted by the court. Normally the
commissioner should finish their work within 60 days from
the date the commissioners were notified of their
appointment, which time may be extended in the discretion
of the court. The parties will be furnished copies of the
report with notice that they are allowed ten (10) days within
which to file objections to the findings of the report, if they
so desire.
Commissioner’s Findings
a) Must be based on evidence presented.
b) Must be given great weight. Such valuation is not to be
―lightly set aside and will not be set aside ―if there is
substantial testimony to support it. (Manila Railroad Co.
vs Velasquez)
Exceptions:
• Error is plainly manifesta. Ex if the sole basis is
the ocular inspection.
• It is apparent that injustice has been done:
collusion as to the value of the property.
• The commissioners have clearly gone astray or
adopted erroneous principles
• The commissioners acted upon wrong principles,
or their award is grossly inadequate
• The award is palpably excessive or inadequate •
The award is grossly inadequate or unequal
In this cases the court may disregard the report of
the commissioners.
Stage 2 Flow chart
 After the court orders or issues expropriation, it will
now issue another order appointing NOT more that
3 commissioners and will designate the time and
place of first session of hearing and also specify the
time for the submission of their report.
 The order will have to be furnished to all the
parties.
 The parties then may object to the appointment
within 10 days from receipt.
 The court will resolve the objections within 30 days
from the receipt by commissioners.
 The commissioners will be tasked to receive
evidence from the parties; View, examine
properties; assess consequential damages.
 The commissioners can give partial/final reports and
copy furnish the parties who may object 10 days
from the receipt.
 Afterwards, there will be hearing on the report
together with objections from the parties. So there‘s
notice of hearing
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
 After the hearing, the court can either:
1. Accept in full, render judgment based thereon,
2. Return
3. Reject all and appoint new commissioners or
4. Partially accept or reject the report.
What is the effect of non-payment of just
compensation?
 The Republic‘s failure to pay will preclude the
perfection of its title. (Visayan vs. Camus)
 Owners of property may not recover possession if is
only on the ground of non- payment (valdehueza
vs. rep 1966)
 Where government fails to pay within 5 years form
finality of judgment in the expropriation
proceedings, the owner concerned shall have the
right to recover possession of their property. This is
under the principle that the government cannot
keep the property and dishonor the judgment.
(Republic vs Lim, 2005) Based on this case there
is a five year period for the judgment for the
government to pay just compensation otherwise the
owner has the right to recover possession of the
property.
Now if there is conflicting or uncertain ownership, the Court
may order any sum or sums awarded as compensation for
the property to be paid to the court for the benefit of the
person adjudged in the same proceeding to be entitled
thereto.
The judgment will include:
It should state the particular property or interest
therein expropriated and the nature of the public use or
purpose for which it is expropriated. The judgment entitles
the plaintiff to acquire the right over the property upon
payment of compensation fixed by the judgment. So eto na,
ditto na mag-mamatter yung payment of just compensation.
The acquisition or the transfer of the title to the plaintiff
upon payment of just compensation. The just compensation
should include legal interest form the time of the taking or
after the tender of the amount so fixed and the payment of
the costs. The judgment in expropriation proceedings entitles
also the plaintiff to enter the property and to appropriate it
for public use and retain it. Supposing there is already a
judgment and there is a determination of just compensation,
but the defendant are not in court to receive the payment,
Page 21 of 30
then the plaintiff can deposit the amount in court. So the
judgment would include interest and damages.
a) Interest - runs as a matter of law and follows as a
matter of course from the right of the landowner to
be placed in as good a position as money can
accomplish, as of the date of the taking'. Stated
otherwise: 'Where the payment of compensation
does not accompany the taking of property for
public use but is postponed to a
later date, the owner of the
property is ordinarily entitled to
the award of an additional sum
which will compensate for delay
(cases cited) or which was in
other words, produce the full
equivalent of the value of the
property paid
contemporaneously with the
taking'. (Benguet
Consolidated Inc. vs
Republic)
b) Damages
For the purpose of determining
the amount of damages, the
following are the factors:
(1) the loss resulting from the
dispossession of the land;
(2) the loss resulting from the
deprivation of the use and
occupation of the land;
(3) the expenses incurred during the pendency of this action,
including attorney‘s fees, etc.;
(4) the destruction of buildings, canals and growing crops at
the time of the occupation of the land by the petitioner; and
(5) all of the damages of whatever kind or character which
the defendants may be able to prove and which have been
occasioned by virtue of the institution of the present action.
THIS IS THE REASON WHY YOU DO NOT HAVE TO
STATE ANY COUNTERCLAIM. In the determination of just
compensation, you can actually adduce whatever damage
you suffered. Part nayan ng proceeding. Nandyannaiyan,
anoyung interest, damages, ano yung nawala sayo at ano
ang mawawala sayo. So there is no need to include a
counterclaim in your answer. The same thing with third party
complaint, cross-claim, with respect to ownership of the
property because the complaint is supposed to include and
implead all persons who claim any right or title to the
property so lahatlahat na, pasok na dapat. Everything will be
covered and adjudicated by the court. Minsan pag mag-
kacounter claim ka pa, pampagulo lang iyan and meron
namang state 2 precisely to determine ano yung dapat
icompensate saiyo. Normally ang counterclaim mo lang
naman is damages diba.
If you appeal the judgment, what is the effect?
The right of the plaintiff to enter upon the property of the
defendant and appropriate the same for public use or
purpose shall not be delayed. (Rven if there is already an
appeal the taking can proceed.)
But if the appellate court determines that plaintiff has no
right of expropriation, judgment shall be rendered:
1) Ordering the Regional Trial Court to forthwith
enforce the restoration to the defendant of the
possession of the property, and
2) To determine the damages which the defendant
sustained and may recover by reason of the
possession taken by the plaintiff. (Sec. 11)
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
In other words Rule 67, already presuppose na ang
defendant talagang magsu-suffer ng damages. That is why
there are already provisions in the rule that provide the
mechanism for the defendant‘s determination of damages.
So you do not need to assert any damage in a counterclaim.
Appeal will NOT bar defendant from receiving just
compensation. If the expropriation is granted, then there will
be registration.
How do you register?
When real estate is expropriated:
a) A certified copy of such judgment shall be recorded in the
registry of deeds of the place in which the property is
situated, and
b) The EFFECT of such registration shall be to vest in the
plaintiff the title to the real estate so described for such
public use or purpose. (Sec. 13)
EFFECT of NON-Registration
Transferees of the expropriated property cannot be said to
have notice of the Republic‘s adverse claim sufficient to
consider it in bad faith. So there is no constructive notice.
Therefore, yung vendee or transferee can claim good faith.
Flowchart for stage 1 and 2 –
Either way itong order of expropriation and determination of
just compensation, these are final orders subject of an
appeal. In both stages you can avail the remedy of an
appeal. Therefore, multiple appeals are allowed so the mode
of appeal here will not be a simple notice of appeal but the
filing of a record on appeal.
FORECLOSURE OF MORTGAGE
Rule 68
Again, this involves 2 stages. What do you mean by
mortgage?
It is an interest in land created by a written instrument
providing security for the performance of a duty or payment
of a debt. So mortgage is actually a collateral, a security for
a particular debt.
Foreclosure on the other hand is a remedy to the
mortgagee subjecting the property to satisfy the obligation.
Literally it means in Black‘s Law Dictionary, to shut out, to
bar, to destroy an equity of redemption. The termination of
all rights of the mortgagor in the property covered by the
mortgage.A procedure by which mortgaged property is sold
in default of mortgagor in satisfaction of the mortgage debt.
There are 2 kinds of foreclosure:
1. Judicial- governed by the Rule 68
2. Extrajudicial- Real Estate Mortgage Law (Act 3135)
and Act 1508 of the Chattel Mortgage Law.
Who are the parties?
 Creditor-Mortgagee
 Debtor Mortgagee
Other parties
 Persons obligated to pay the mortgage debt.
Guarantors, sureties.
 Those who are in possession of the mortgage
properties, lessees and sublessees can be parties to
the action.
 Transferee or grantees of the properties. Second
mortgagees/encumbrancers.
Page 22 of 30
 Any person claiming right over the mortgage
properties. The mortgagor even if not the owner of
the property should be included to satisfy the
deficiency of the judgment.
So if there is a second mortgage, there is a second
mortgagee, he should also be impleaded otherwise the
foreclosure is ineffective against the subordinate lien holder
and there remains equity of redemption.
Can you apply Rule 68 to chattel mortgage?
Under the 1964 Rules, YES, BUT in the 1997 Rules NO
MORE. The foreclosure a the chattel mortgage under Act
1508 is now governed by AM 99-10-05-0 as per SC Circular
1-00. There is now a separate procedure for the foreclosure
of chattel mortgage under ACT 1508.
What should be the form and content of the
complaint?
You have there the basic allegations. Ano yung utang,
collateral and any transfer, the description of the property,
the basis of the loan, etc.
 You file a complaint which must be verified
 Allege the date when you executed the chattel
mortgage
 Names and Residences of the parties
 Description of the property
 Date of Documentary evidence pertaining to the
obligation secured by the mortgage.
 Amount paid or amount left to be paid. Attach the
latest of statement of account.
 Names of persons having interest or claim over the
property.
The first stage will terminate after the court renders
judgment. Ano ang purpose ng first stage? It is the
determination of the existence of the loan and the amount
due to the plaintiff including interest and other charges and
costs. Ano yung amount ng utang? May utang ba talaga?
That is the main purpose of the first stage. Together with
that is the judgment directing the defendant to pay the sum
within a period of not less that 90-120 days from entry of
judgment. Otherwise, there will be a sale by public auction of
the property subject of the case. Itong 90-120 days this is
what we call the equity of redemption. So kapag walang
bayad within the equity of redemption period, then proceed
to stage 2 which is the auction sale. The provisions of Rule
39 will govern the sale of the property. After the sale, the
court will confirm it and when there is confirmation, it will
now divest the mortgagor of the rights in the property and
would now vest the right to the purchaser, subject to such
rights of redemption as may be allowed by law.
The confirmation of sale will entitle the purchaser to possess
the property, unless a third party is actually holding the
same, adverse to the judgment debtor. It also allows the
purchaser or last redemptioner to secure a writ of possession
from the court so that he can gain possession of the
foreclosed property. The confirmation of sale will now bar the
exercise of equity of redemption. The order of confirmation is
a final order, hence it can be appealed and if you have that
order of confirmation you can now seek for the issuance of
the writ of possession.
When you ask the court for confirmation of sale, you have to
file a motion and set it for hearing with notice to the other
parties. This is important, the notice and hearing is important
because it would enable the interested parties to resist the
motion and to inform them of the time when the right of
redemption is cut offed? (3:21:31).
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
What is that equity of redemption and how is it different
from right of redemption?
Equity of redemption is the right of the mortgagor to
extinguish the mortgage and retain ownership of the
property by paying the secured debt within 90-120 days after
entry of judgment or even after foreclosure but prior to
confirmation of the sale.
The right of redemption on the other hand, is the right
granted to the debtor or his successor in interest or any
judgment creditor having a lien over the property subsequent
to the mortgage or deed of trust under which the property is
sold and to redeem the property within 1 year the
registration of the sheriff‘s certificate of sale. Redemption is
governed Sections 29, 30 and 31 of rule 39 of the Rules of
Court.
The equity of redemption is exercised basically prior to any
auction sale. Ano ang ireredeem mo ditto? Yung utang
bayaran mo na. That is the equity of redemption, before any
auction sale. Although sinasabi pwede pa magbayad before
the confirmation of the sale which is after the auction sale.
But the right of redemption, strictly speaking commences
from the registration of the provisional certificate of sale.
One year lang, hanggang doon lang. Basically the right of
redemption exists after the auction sale. Not even on the day
of the auction sale, it is on the day of registration of the
provisional certificate of sale. So kung matagal na-register
automatically, ma-eextend ang redemption period mo.
Right of redemption will always follow the auction
sale. The exercise of such should always be after the auction
sale. The equity of redemption, on the other hand, may even
be exercised even before the auction sale.
Who may exercise the equity of redemption? One having
privity in title with the mortgagor and the successors-in-
interest.
If for instance, the mortgagor sold it to a 3rd party and then
there is already a judgment for foreclosure and payment, as
well as the 90-day and 130-day period. Nung binenta na
niya, pwede na siya ang mag exercise ng equity of
redemption para hindi ma-auction sale yung property na
binili niya.
Also, the successors-in-interest, to whom the debtor
transferred his statutory right of redemption. Yung right ang
trinansfer, hindi mismo yung property. So the transferee will
be the one who may exercise the equity of redemption.
A successor-in-interest may be also be one to whom the
debtor has conveyed his interest in the property for the
purpose of redemption, or one who succeeds to the said
interest by operation of law, like the heirs.
So what is redemption price? It is the amount the as
declared by the court to be the judgment debt. When it is
sold at an auction, ang babayaran mo will be the price it was
sold in the said auction sale. It is no longer the judgment
debt as declared by the court prior to the auction sale.
So kapag meron kang auction sale, how do you apply the
proceeds?
1. Pay it to the creditor after deducting the
expenses or costs of the sale
2. Any balance, it is to be paid to any junior
encumbrancers
3. If there is no balance, you give it back to the
debtor.
Does this rule on preference apply to extrajudicial
foreclosure? In Suico vs. PNB, the Supreme Court said YES.
But in Munzon vs. Spouses Perez, the Supreme Court
ruled differently.
Page 23 of 30
Take note that the remedy of foreclosure are also applicable
even if the debts are not all due. If it is possible if the
property can be sold portion by portion, depending on when
the debts become due.
Can we go after deficiency judgment? Yes. The value of
the property after it was sold at an auction is not enough,
then the court may grant deficiency judgment upon motion.
After the auction sale, there will be registration of the
proceedings so the order confirming the sale is necessary
before you can go to the registration of the proceedings.
There will be no transfer of title unless you have that order
confirming the sale.
So technically, there is no right of redemption in judicial
foreclosure. It is only the equity of redemption. But the
exception is, when the judicial foreclosure is taken in favor of
a bank or trust entity, then the mortgagor is given the right
of redemption within one year from the date of sale.
When the property sold is not enough to satisfy the debt. In
the order of preference, the assumption there is sufficiency
of the sale proceeds to answer the debts, supposing di nga
siya sufficient. You go to deficiency judgment that is when
you collect the balance. How?
You file a motion in court. Since the property has been sold
already.
What will now be used to pay the balance? The
defendant now will be asked to pay with his other properties.
He is now personally made liable. If defendant refuses to
pay, there will be execution proceedings.
 Take note that a non-resident defendant cannot be
made liable to deficiency judgment.
 No 3rd party mortgagor will be made liable to the
deficiency judgment because he only gave his
property.
 Now if the debtor dies, then the deficiency may be
filed against his estate.
 There has to be registration of the judgment, what
is that particular order that need to be registered?
Order of confirmation of sale, submit it to the
registry of deeds.
 If there is a deed of redemption, that should also be
registered.
 If there is no redemption, then the title of the sale
must be submitted the ROD in order to effect the
transfer of title
The general rule is that there is no Right of redemption in
judicial foreclosure. The exception is when the mortgagee is
a bank, quasi bank or a trust entity or a financial institution.
In this particular case, the General banking Act of 2000
grants the mortgagor a 1 year redemption period within
which to redeem the property sold at auction. Will this also
apply to extrajudicial foreclosure? Exception to exception: IF
the mortgagor is a corporation, the redemption period is only
3 months.
Judicial Foreclosure Extrajudicial Foreclosure
Requires Court Intervention Does not require Court
Intervention
There is Equity of Redemption Right of Redemption Exists
except on banks which provide
for a ROR
Governed by Rule 68 Governed by Act 3135
Decisions are Appealable Not Appealable, Immediately
Executory
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

 Give due notice to the parties to attend at the

Order of the court cuts off all
rights of the parties impleaded
Period of redemption starts from
the finality of the judgment until
order of confirmation
No need for a special power of
attorney in the contract of
mortgage
PARTITION
Rule 69
Foreclosure does not cut off right
of all parties involved
Period to redeem starts from the
date of registration of certificate
of sale
Special power of attorney in
favor of mortgage is needed in
the contract
viewing and examination of the real estate
 View and examine the real estate
 Hear the parties as to their preference in the portion
of the property
 Set apart the property to the parties in lots and
their value thereof
If the property could not really be divided, there are other
ways as well. The parties may assign the property to one of
them, subject to payment or reimbursement. It can be sold
to a 3rd party and the proceeds be divided amongst
themselves. These are alternatives if physical partition is not
possible.

Now let‘s go to partition. Again, this is a SCA which consists
of 2 stages. Basically, this is a remedy to divide the property
owned in common by 2 or more persons. Partition could be
judicial or extrajudicial.
So you have to allege in your complaint the right of the
plaintiff to compel for partition. The nature and extent of the
plaintiff‘s title and the right or lien.
Who must you implead? All co-owners are indispensable
parties. All persons interested must also be impleaded.
When? Anytime. The right to demand partition
imprescriptible. For as long as there is co-ownership.
Exceptions: The moment one of the co-owners will
claimadverse title to the property. Ang tanong ilang taon?
That is the time you have to review your provisions in your
Trusts. If it is an Express Trust --- 30 years or in Implied
Trust --- 10 years.
Only when there is repudiation by one of the co-owners. As
long as one of the co-owners repudiates, by claiming adverse
title, that is the time prescription begins. That is the rule in
prescription
Who can intervene? Creditors, assignees can intervene.
There are two (2) principal issues that the court needs to
determine in this remedy.
The First Issue is WON there is co-ownership or WON
the plaintiff is a co-owner.
The Second Issue is How to partition the property
where trial by commissioner comes in.
If after the finding of existence of co-ownership and the
parties cannot agree on how to partition the property, then
you proceed to the second stage. The order of court finding
for co-ownership terminates the first stage and shall then
proceed to the second stage. That order is a final one, which
is then appealable. If the court finds no co-ownership in the
first stage, the action is automatically dismissed and can no
longer proceed to the second stage. To proceed to the
second stage, there must be express declaration of co-
ownership.
You only proceed in the second stage if the parties do not
agree how to divide the property. If the parties agree how to
divide, they can already dispense the second stage.
The Commissioners in the second stage shall have the same
powers and duties as those Commissioners in Expropriation.
Before making such partition, Commissioners shall:
 Take and subscribe an oath that they will faithfully
perform their duties
Part of the partition proceedings is accounting of the rents
and profits earned thereto. The share of each party shall be
stated in the judgment or order. How about the cost and
expenses? Who will shoulder? It will be equitably apportioned
between the co-owners.
Can you include personal property in the partition under
Rules 69? YES it covers both real and personal. Yan ang
pinagkaiba, out of the 3 similar actions. Because it also
covers personal property.
is
Forcible Entry andUnlawful Detainer
Rule 70
What is the peculiarity of Rule 70? These are all possessory
actions and again, it has a peculiar set of rules that will suit
the peculiar nature of these actions. Nothing to do with
ownership, only possession. This is a real action. This is
coined as interdictal.
These are also called time procedures because they are
summary in nature. Thus, they should be resolved as
promptly and timely as possible. The Rules that govern these
remedies will be that of the Rules of Summary Procedure.
To distinguish to other possessory actions:
 Accion publiciana: recovery of possession.
Here you have title over the land but do not have
possession over it. For the possession of the land,
this is based on your claim of ownership. This is
possession by virtue of title whereas accion
interdictal is mere physical possession, nothing to
do with title. So kahit mga squatters may right
when you talk about accion interdictal
 Accion reinvindicatoria: Recovery of
ownership
You are supposed to be the lawful owner of the
land and yet the title of the property is with
another. So you want to recover ownership by
cancelling the title of that person. This is the
highest. Pinakalisod, pangalawa ang publiciana, the
least would be interdictal.
 Now accion interdictal had been considered as
time procedures. Similar to quo warranto. There is a
time period, otherwise barred na ang action mo.
Unless you go for publiciana and reinvindicatoria.
These actions are summary in nature and
disturbance of the social order which should be
restored as promptly as possible. They are governed
by the rules of summary procedure.

 Oath shall be filed in court with the other What is the purpose of the action?
proceedings in the case It is to restore possession and to award damages.
In making the partition, the commissioners shall:

Page 24 of 30
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
So what is forcible entry? It consists in depriving a person
from the possession of land or building for a period of not
exceeding 1 year by FISTS (Force, Intimidation, Strategy,
Threat, or Stealth).
Unlawful Detainer, on the other hand, consists in the
unlawful withholding by a person from another, for not more
than 1 year, of the possession of any land or building after
the expiration or termination of the right to hold such
possession by virtue of a contract, express, or implied.
How do we distinguish the two? In forcible entry, the
possession is unlawful from the very beginning and prior
physical possession must be alleged and proven by the party.
In unlawful detainer, possession is lawful from the start.
There must be demand to vacate in order for the possession
to become unlawful.
Why do you have to file unlawful detainer cases? Because if
you have been deprived of your property, you cannot just go
there with an army and forcibly remove these persons who
usurp your property. You cannot take the law into your own
hands. The owners of the property cannot use force to eject
these usurpers.
You cannot take the law in your hands. You have to proceed
with the proper process. You cannot correct the wrong with
another wrong. Otherwise, there will be chaos.
In the case of Banes vs. the Lutheran Church of the
Philippines, the SC said that regardless of the condition of
the property, the person in actual possession of the property
should not be thrown out by violence. The real owner should
not recover the property by his own hands. He should go to
court.
That is also based on Art. 536 of the Civil Code. Simply
put, you cannot enforce force and violence to recover
possession of the property. You cannot take matters in your
own hand. This is true even if the property is yours in the
first place.
Who are the parties in forcible entry case?
The plaintiff would definitely be the one deprived of
possession by FISTS. The defendant shall be the person who
unlawfully withholds the possession, even persons under
them.
In the case of Sy vs. Spouses Valenciano. There was an
earthquake in 1990 that destroyed the house of the
petitioner constructed in a public land. Then Gloria Baruca
leveled the area and demolished the house. In August 1,
1998 Baruca invited the spouses Valenciano. So who should
be the plaintiff? Who should be the defendant? Is it Baruca
or Valenciano? An action of forcible entry may be maintained
against one in possession at the commencement of the
action. Kung sino nakapwesto doon, siya i-implead mo.
Actual possessor or occupant of the land.
So who can be plaintiffs in an unlawful detainer? They are
the lessor, assignor, or one claiming interests.
If you are the vendor, you already sold the land. How come
magiging plaintiff ka, eh nabenta mo na? What is the basis of
the vendor as plaintiff of an unlawful detainer case? The
vendor in a contract to sell, for him to be a plaintiff in an
unlawful detainer, must comply with the following requisites:
1.) There is failure on the part of the vendee to pay
the installments due.
2.) There must be a demand to pay and vacate the
property, which must be alleged and is a
jurisdictional requirement.
This is the situation where you have a contract to sell and in
the meantime the vendee is given possession of the property
pending full payment of the purchase price. In a contract to
sell, there is yet immediate transfer of ownership. The
Page 25 of 30
vendor remains the owner of the property. Here you should
not only show that the possession is unlawful, you should
also show the vendee‘s failure to pay the installment due or
comply with the conditions of the contract to sell, that there
is demand to pay and to vacate within 1 year upon non-
payment. If you do not allege this, your action for Unlawful
Detainer will not prosper.
If the vendee is the plaintiff, what would be the basis of the
said right? The vendee‘s right shall be based on Arts. 1477
and 1498.
Art. 1477. The ownership of the thing sold shall be
transferred to the vendee upon the actual or constructive
delivery thereof.
Art. 1498. When the sale is made through a public
instrument, the execution thereof shall be equivalent to the
delivery of the thing which is the object of the contract, if
from the deed the contrary does not appear or cannot clearly
be inferred.
With regard to movable property, its delivery may also be
made by the delivery of the keys of the place or depository
where it is stored or kept.
The situation here is that the property is sold, there is
transfer of title or ownership, but there is an existing lessee
occupying the property. The vendee may file a case against
the lessee, the basis of which is Art. 1676 of the Civil Code as
decided in the case of Lao vs. Lao.
The vendee can actually file an Unlawful Detainer case
against a lessee. An exception would be when the contract of
lease has been registered. There being a constructive notice,
the vendee is duty bound to respect the lease.
Check out the case of Oronce vs. CA.
How about a sub-lessee as a plaintiff? A sub-lessee can only
invoke the right of a sub-lessor. Generally, a lessor has no
right against sub-lessee there being no privity in the
contract.
When do you file the action for unlawful detainer? Within 1
year from the time when the possession becomes unlawful.
When do you reckon that 1 year period? What is the nature
of the 1 year period? Is it prescriptive or jurisdictional?
In Barnachea vs. CA decided in 2008, the 1 year period is
both jurisdiction and prescriptive. Meaning, after 1 year the
action prescribes and after 1 year, MTC no longer has
jurisdiction.
Being prescriptive, the manner of reckoning must be in
accordance with Art. 1155 of the Civil Code.
In forcible entry, it will be counted from the date of entry or
taking possession. But in the case of stealth, it is not the
date of entry but from the date of discovery of such entry
through stealth.
In unlawful detainer, the one year period must be counted
from the demand to vacate. Since, as we said, the
possession is initially lawful, the only way that you can say
that possession is unlawful when you give out demand. What
makes it unlawful is the defiance of the demand to vacate.
Ergo, the demand to vacate is a mandatory requirement for
unlawful detainer cases.
Supposing you filed a conciliation proceeding before the
barangay. What happens to the one (1) year period? It is
deemed interrupted. There will be suspension of the 1 year
period.
Who has jurisdiction? All the lower courts --- MTCs, MeTCs,
MTCCs, MCTCs. You cannot have it before the RTC, it is
unlawful.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
The exception would be if the FE/UD case is covered by the
Agricultural Tenancy Act. In this case, the jurisdiction shall
be with the DARAB. Also if the property is being developed
into a subdivision or where a condominium is being
constructed, the jurisdiction shall be with the HLURB.
Supposing there is allegation in the answer that the
defendant is a tenant, does that mean the outright dismissal
of the case by virtue of lack of jurisdiction? No. the averment
of tenancy does not automatically operate to oust jurisdiction
from the MTC. The MTC is duty bound to conduct a
preliminary conference to receive evidence regarding
tenancy. Then, there could be dismissal.
Take note that the jurisdiction here of the MTC on UD/FE is
exclusive and not based on the value of the property. Yet
MTC has jurisdiction. Even though this is a real action. That
is one of the peculiarities of this rule. It is also limited only to
the issue of material and physical possession. It has nothing
to do with ownership issues.
What if there is issue on ownership?
If it is immaterial, then the issue on ownership may
be disregarded. If needed, the issue on ownership
will be resolved provisionally by the MTC, in order to
determine the issue on possession. It can only rule
provisionally.
Take note that in UD/FE cases, there are jurisdictional
requirements, to wit:
Forcible Entry:
1. Prior physical possession
2. There was deprivation by means of FISTS
3. The action is filed within 1 year period from the ouster or
discovery of stealth
What is prior physical possession? What do you mean
with it? Visiting property on holidays or weekends, SC said
YES. The law does not require that there must be continuous
occupation. Fencing is also an evidence of prior physical
possession.
In the case of Gonzaga vs. CA, this is a case in Davao City.
The petitioners here owned a vacant lot in Ecoland, Davao
City and they decided to construct a house thereon which
they begun on June 1995.
When they settled in, they discovered a shanty, may nag
squat na, belonging to the defendants. They made a demand
to vacate but went unheeded, so they filed a forcible entry
citing stealth and strategy. Did they win? Was it granted? No.
The SC ruled that there was no prior physical possession,
they equate possession as attribute of ownership to the fact
of actual possession, so the proper action should be accion
publiciana.
Why? Ano ang pinagkaiba nito sa iba? Because in this case,
the property was not fenced. Had they fenced the area, then
they can say they have prior physical possession. But if you
remain your area open for everybody to enter, there is no
prior physical possession, that's why in this case, forcible
entry was not proper, they should have filed accion
publiciana. Meaning they recover possession based on their
title, not based on material physical possession. So you see,
very crucial ang prior physical possession. So pag may
mga properties kayo dyan, bakuran niyo na kaagad para
masabi na meron kayong prior physical possession.
Otherwise, the squatters will get away with it and you cannot
file an action for forcible entry.
What do you mean by force? Now, in the case of Spouses
Banes vs. Lutheran Church, the presence of guards in the
subject property restricting the mobility of the persons
residing therein constitute force contemplated in section 1.
Page 26 of 30
So the mere presence ha, kahit pa walang actual force or
violence employed, the mere fact na may mga security
guards na nakaposte dyan, that would prevent you from
leaving or coming in and out of a certain place, that is
already considered force.
The act of going to the property and excluding the lawful
possessor therefrom by creating a structure, so yung mga
squatter, overnight ang bilis, nakalagay na ng kanilang mga
shanty.
Remember, who's that guy? Na andami niyang naengganyo,
they just entered the area and before you know it, the
following day, andami na nilang structure doon. And they are
already creating the exact metes and bounds of the portions
of the property that they are going to occupy. Wala namang
giyerang nangyari, wala namang violence but there is force.
That is considered force. The mere fact that they entered an
area without permission, build a structure there, then that is
considered force. So pag sinabing force, hindi kailangan ng
actual violence or may kaguluhang nangyayari.
In David vs. Cordova, the SC said, if a trespasser enters
upon a land in open daylight under the open eyes of the
person already clothed with lawful possession but without
the consent of the latter and there planted himself and
excludes the prior possessor of the property, the action of
forcible entry can be had even though no force is used by
the trespasser other than such as necessarily implied in the
mere act of planting himself on the ground and excluding the
other.
So pupunta ka sa isang area, andun ang may ari, naglagay
ka na ng tent diyan, tapos diyan kana, ayaw mo ng umalis,
that is forcible entry. Pwede na magfile si owner ng case for
forcible entry. So do not be too literal with the word ―force‖
because there might be no actual violence. The mere
planting of oneself in open daylight before the eyes of the
owner can be considered entry.
Now, in the case of Benguet Corp. vs. Cordillera
Caraballo Mission, Inc., the corporation planted pine trees
in compliance with DENR directive and build roads, buildings
and security gates in the covered area. They discovered
representatives of Cordillera Caraballo Mission, Inc. to have
bulldozed and leveled the ground within its Pilo mineral
claim. Is there force?
Mayroon silang claim, bigla nalang may nagpasok at nag-
bulldozed ng kanilang area. Can you say there is force and
there is a cause of action for forcible entry? The SC said,
nothing in the complaint before the MTC would show how
the entry was effected nor how dispossession took place.
The complaint merely stated that petitioner‘s caretaker
noticed an ongoing bulldozing and leveling activities. The
allegations that these activities were illegal and that
respondents‘ entry was unlawful are not statements of bare
facts but conclusions of law.
The complaint should have specified what made the activities
illegal and the entry unlawful. Without these ultimate facts,
the MTC did not acquire jurisdiction over the case. So mere
allegations na may nag bulldozed diyan at nagli-level ng
ground is not enough, so you must be able to demonstrate
how the entry was made and for your case to prosper, you
have to show that the entry was illegal.
For all we know, the Mission might have its own permit diba,
or might have its own claim over the property. And that was
what was missing, wala silang right over the property.
Jurisdictional Requirements for Unlawful Detainer:
1. The allegations required would be that the defendants are
unlawfully withholding from the plaintiff the possession of
certain real property; and
2. There is demand to vacate. Demand is necessary to
render the possession to be unlawful.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
In Caniza vs. Munoz, the provisions of Rule 70, Sec. 2 will
only apply where there is a lessor-lessee relationship under a
lease contract. So the notice to vacate in a lease
arrangement is crucial and it is a pre-requisite to an action
for unlawful detainer. Unless if the lease is on a month to
month basis.
In this case, there is an expiration of the lease every month,
the demand to vacate becomes unnecessary because you
can just alleged termination of the lease period.
So if it is a month to month lease, then in every expiration of
the lease at the end of the month, you can actually file a
case without sending a notice to the lessee for demand,
because the ground there would be the termination of the
lease.
What are the other instances where you need to
demand for the possessor to vacate?
1. Contract to sell - it is not enough that you have
issued a demand to vacate, one must also have to
show that there was failure to pay installment or
there was violation of the contract to sell
2. Possession by tolerance- the possession is lawful
because it is tolerated by the owner and it only
becomes unlawful if there is a demand to vacate,
and that is why you need to send a demand to
vacate if it is by tolerance.
What constitutes a valid demand to vacate? It must be actual
and definite and must be served prior to the filing of the
action.
In La Campana Food Products vs. CA, the demand states
that, In this connection, demands are hereby repeated again
made to you for the full payment of your above rentals in
arrears and unpaid water bill in the total sum of P73, 902.00
within a period of three (3) days from your receipt hereof,
otherwise upon your failure, we may forward this matter to
our legal counsel for proper action thereof. Is that a valid
demand to vacate? Is that clear and definite? No! It is in fact
vague. Theletter is ambiguous. The warning that "we may
forward this matter to our legal counsel for proper action
thereof" is not an unequivocal or even an implied demand on
the defendant to vacate the leased premises. It has to be
clear and unambiguous.
Now, supposing the demand to vacate is invalid, the defense
of lack of prior valid demand must be timely raised because
like we said, the demand to vacate is a jurisdictional
requirement.
So in your answer you also have to allege that as your
affirmative defense. Now the demand here is that the lessor
gave the lessee 5-days to pay back rentals, failing which, a
case for ejectment would be filed against them. Is that valid?
Yes.
The owner is giving a strong notice that you have to pay
your unpaid rentals or I will file a case to have you thrown
out in my property. The word vacate is not a talismanic word
that must be employed in all notices. So if implied by the
words used, but it must be clearly stated that you want him
out of your property.
Now, if there is no demand to vacate, can it be cured by the
certification to file action issued by the barangay? That is the
case of Bandoy vs. CA. SC said that the certification issued
bythe barangay is not conclusive as to the jurisdiction of the
court.
What was certified to by the Barangay Captain was that no
settlement was reached at the barangay level and it did not
certify that all requisites for filing of the unlawful detainer
case was complied. Therefore, it cannot cure the lack of
demand.
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Now, there are instances that there are several demand to
vacate like some Filipinos, bigyan siya ng chance, sige huwag
na munang paalisin, then later on wala pa ring bayad, nag-
demand na naman siya. How do you compute the one-year
period?
From the 1st, 2nd, or the 3rddemand to vacate? In Spouses
Penas vs. CA, here there was a demand to vacate. Take
note that there was a favorable action on the part of the
lessee because he did not vacate the premises or execute
the lease contract, but he made a payment based on the old
rent in a bank account. So that was in 1990. Now, 2 years
later, a second letter was sent containing demand to vacate
and to pay back rentals. So it is clear and definite. A month
later, a complaint for unlawful detainer was filed, so when do
you recon the demand to vacate? 2years pa or 1 month prior
to the filing of the case? SC said, it is to be counted from the
last demand.
What was being deposited for rentals in the old rate which
the lessor was not bound to accept or withdraw. When the
lessee opted to remain in the premises after receiving the
1990 demand letter, he assumed a new rental rate and could
be ejected from the premises solely upon default and by the
proper demand from the petitioners, which was made on
august 10, 1992.
In Leonin vs. CA, there was a demand to vacate sent on
July 3, 1995. A year later, another demand letter was sent
reiterating the termination of the possession by tolerance. On
February the following year, the complaint for UD was filed,
when do you recon the 1 year period? Last demand to vacate
according to the SC, because the lessor has the right to
waive his right of action based on the previous demands.
And yet the lessee remained meanwhile in the premises.
In Padre vs. Malabanan, the complaint itself states that
starting 1983, the plaintiffs have repeatedly demanded that
the defendants vacate the subject premises. The last
demand was around July 1998, so 15 years, puro demand
siya ng demand.
15 years pa siya after nag-file ng case, so is there a valid
demand? Did they comply with the 1 year period of demand?
The SC said No! There is no jurisdiction. It should be filed
within 1 year of unlawful deprivation. So if the demand was
made 15years ago, then it was 15 years ago that the
possession became unlawful, and so you cannot therefore
avail of UD because that only requires 1 year from the
unlawful possession.
A verified complaint is filed in court. The court will issue
summons or dismiss the case based on the allegations
therein and if there is no compliance with jurisdictional
requirements. But if there is an answer filed within 10 days
with counterclaim, the court will now set the case for
preliminary conference.
After preliminary conference and all parties are present,
there will be submission of position papers. After which, the
court canrequire clarificatory affidavits, after which it will
render judgment within the period. It could also be after the
preliminary conference, the court will render judgment.
How? When one of the parties fail to appear during the
preliminary conference, so parang nagkaroon ng default. In
which case the party who is present will be given favorable
judgment. So there will be judgment on the complaint, if
there is no defendant who appears during the preconference
or judgment on the counterclaims whenthe plaintiff fails to
appear during the preconference.
So there are only limited pleadings allowed here, to wit:
1. Complaint;
2. Answer;
3. Compulsory counterclaim; and
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
4. Cross-claim
Prohibited pleadings are the same as that found
under the Rule on Summary Procedures, to wit:
1. Motion to dismiss the complaint except on the
ground of lack of jurisdiction over the subject
matter, or failure to comply with section 12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings,
affidavits or any other paper;
6. Memoranda;
7.Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions.
Affidavits submitted to the court must be based on the
personal knowledge of the affiants or witnesses.
Can you avail preliminary injunction in ejectment
cases?
Yes. Under Rule 58, you can avail. It can be granted to
prevent the defendant from committing further acts of
dispossession against the plaintiff. If there was already
dispossession, then you can avail of preliminary mandatory
injunction, to restore the plaintiff to his possession.
Can you avail of the preliminary injunction pending
appeal?
Yes. Under Section 20, before the appellate court, within 20
days from the perfection of appeal.
Who are bound by the judgment? It is binding against:
1. all parties and all persons claiming under them;
2. trespassers, squatters, or agents of the defendants
occupying the property;
3. Transferees pendent lite;
4. Sub-lessees;
5. Members of the family and other relatives; and
6. Other privies to the contract
Take note that the judgment shall only be conclusive as to
the issue of possession and not to ownership.
Now, if the allegations on the complaint are true then the
judgment shall be in favor of the plaintiff, granting the
possession of the premises and the sum due by way of rent
and other reasonable compensation for the use and
occupation, attorney‘s fees, and other costs. Moral damages
are not allowed, or any other damages other than for
reasonable compensation for the use of the premises.
Now supposing the allegations on the complaint are not true,
the judgment shall be rendered in favor of the defendant.
The counterclaim shall also be granted by the court,
requiring the plaintiff to pay the costs.
Like I said, if you talk on damages, these are only damages
in relation to the deprivation of the possession of the
property.
Page 28 of 30
Damages recoverable in ejectment cases arise from the loss
of the use and occupation of the property and not the
damages which the private respondents may have suffered
but which have no direct relation to their loss of material
possession. Damages in Sec. 8 is limited to rent
or fair market value for the use and occupation of the
property. (Car Cool vs Ushio Realty)
So hindi pwede ang moral damages, only those damages
arising from the loss of material possession. Meaning, it will
only pertain to rental in arrears and other reasonable
compensation. If you want to seek other damages, you need
to file a separate action.
Let‘s go to appeal.
Where do you appeal? You go to the RTC.
What happens if you appeal the case? There will be
immediate execution or execution pending appeal.
If the judgment is against the defendant, then execution
shall be made immediately upon a motion.
What is the remedy of the defendant if there is now a motion
for execution pending appeal? The defendant may perfect an
appeal at the same time file a timely supersedeas bond, and
regularly remit to the court the monthly rent, for him not to
be ousted from the property, or to stay the execution of the
adverse judgment.
Failure to do so, to perfect an appeal within the reglementary
period will not stay the execution. So the filing of appeal,
posting of supersedeas bond, and paying of monthly rent
shall be made within the reglementary period. Otherwise,
pwede nang i-execute ang judgment.
CONTEMPT
Rule 71
Let‘s go to contempt. (OMG!)
Under Rule 71, there are two kinds of contempt.
1. Contempt arising from court proceedings; and
2. Contempt arising from proceedings in quasi-
judicial agencies having no contempt powers
Pertaining to the 2nd one, Rule 71 applies. But there are
quasi-judicial bodies having contempt powers. In this case,
their proceedings shall be governed by their respective rules.
So if these agencies don‘t have contempt powers, one may
go to court and avail the remedy of contempt under Rule 71.
As defined, contempt is actually an inherent power of a
court. It is for the preservation of order in the judicial
proceedings and to the enforcement of judgments, orders,
and mandates of the court, and consequently to the due
administration of justice.
So there are two (2) aspects of contempt, namely:
1. To punish; and
2. To Compel Performance
There are also two (2) kinds of contempt, we have:
1. Civil; and
2. Criminal
1. Criminal Contempt is usually declared against a conduct
directed against the authorityand the dignity of the court or
the judge acting judicially, as in unlawfully restraining the
authority or dignity of the court or a judge or doing a duly
forbidden act.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015
Hence, it is not an offense against public justice which is an
issue of the public and the accused and so the punishment is
punitive because it is directed against the dignity of the
court.
So you see, contempt is criminal in nature if it punishes.
2. Civil Contempt is when there is a failure to do something
ordered by the court to be done in a civil case for the benefit
of the opposing party.
Its purpose is for the preservation of the right of particular
persons, hence, remedial in nature. It is not punitive.
Let us distinguish Criminal vs. Civil Contempt
1. As to Purpose. Civil Contempt is compensatory
or remedial. Criminal contempt is punitive.
2. As to Intent. Civil contempt intent is immaterial.
In criminal contempt, intent is a necessary element,
and no one can be punished for criminal contempt
unless it is clear that he intended to commit it.
3. As to the initiator. In criminal contempt, the
state is the prosecutor. In civil contempt, the
aggrieved party or someone who has pecuniary
interest to the right to be protected.
4. As to presumption. There is no presumption of
innocence in civil contempt. Although the burden
proof is on the complainant, and the proof needed
is not proof beyond reasonable doubt but more than
preponderance of evidence. In criminal contempt,
there is presumption of innocence of the defendant.
It is for the prosecution to discharge the burden to
prove the guilt of the defendant beyond reasonable
doubt.
How do you characterize whether it is criminal or civil? It is
actually determined by the relief sought to be awarded or by
the purpose. The proceedings are to be regarded to be
criminal in nature when the purpose is primarily for
punishment and it is civil when the purpose is for
compensating or remedial.
So to determine the character of contempt, you look for the
remedy sought by the plaintiff.
So two (2) types of contempt,
1. Direct Contempt; and
2. Indirect Contempt
Grounds for Direct Contempt
It is misbehavior in the presence of or so near a court as to
obstruct or interrupt the proceedings before the same,
including:
1. disrespect toward the court;
2. offensive personalities toward others; or
3. refusal to be sworn or to answer as a witness;
4. to subscribe an affidavit or deposition when lawfully
required to do so
Penalty for Direct Contempt
If committed against the RTC: Php2,000 maximum, or
imprisonment of 10 days maximum, or both.
If committed againstMTC: Php200 maximum, or
imprisonment of 1 day, or both
Take note that in Direct Contempt, there is no appeal. The
remedy however is to file a petition for certiorari or
prohibition and file a bond fixed by the court.
When do you file petition for certiorari? You are given 60
days. But time is of the essence here to avoid one being
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jailed. One day, you should already file the certiorari and the
bond.
Grounds for Indirect Contempt
a) Misbehavior of an officer of a court in the performance
of his official duties or in his official transactions;
b) Disobedience of or resistance to a lawful writ, process,
order, or judgment of a court, including the act of a
person who, after being dispossessed or ejected from
any real property by the judgment or process of any
court of competent jurisdiction, enters or attempts or
induces another to enter into or upon such real property,
for the purpose of executing acts of ownership or
possession, or in any manner disturbs the possession
given to the person adjudged to be entitled thereto;
c) Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
d) Any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of
justice;
e) Assuming to be an attorney or an officer of a court, and
acting as such without authority;
f) Failure to obey a subpoena duly served;
g) The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of an
order or process of a court held by him
So court may issue processes to bring defendant or hold him
in the custody of the court during pendency of the
proceedings.
So in indirect contempt, there is due process.
There will be an opportunity to present evidence.
Penalties in Indirect Contempt are higher than direct
contempt.
If committed against RTC: Php30,000, or
imprisonment of 6 months or both.
If committed against MTC: Php5,000, or
imprisonment of 1 month, or both.
DIRECT INDIRECT CONTEMPT
Direct contempt proceeding is While in indirect contempt there
summary in nature, no hearing must have a written charge, as
required. well as notice and hearing.
Penalties also differ as discussed above.
As to the remedy, you have You have appeal for indirect
certiorari and prohibition for contempt.
direct contempt.
Take note of Section 3(d) of Rule 71 as a ground for
Indirect Contempt --- Any improper conduct tending, directly
or indirectly, to impede, obstruct, or degrade the
administration of justice. This usually applies to publication
and commentaries as to decisions made by the Court.
So the General Rule is that there can be no contempt in
those publications. You can criticize the decisions rendered
by the court, however criticism should be distinguished from
insult. Personal abuse of a judge is not appropriate. As long
as you do not become personal in your criticism against a
particular judge or justice, then that is allowed. But if you are
already hitting him below the belt, then that is already
contempt.
 SPECIAL CIVIL ACTIONS TSN
From the lectures of Atty. Geraldine Tiu
Ateneo de Davao College of Law | Tres Manresa 2015

If the publication tends to bring the court to disrespect, 5. After the hearing and both parties appeared, then
pasok ka sa contempt. Or if there is clear and present danger Judgment can be rendered based on the evidence adduced
that the administration of justice will be impeded. by the parties. The judgment can be appealed.
Like what I have said, sa Direct Contempt, wala ng 6. If no appeal, after which it can be subject to execution. If
procedure diyan. Automatic. There is only procedure required there is appeal execution will have to await the resolution of
if it is Indirect Contempt. the appeal.
How? What is the procedure for Indirect Contempt? There Now, in petition for Indirect Contempt initiated by the Court,
must be a written charge. there must be a show-cause order with notice of hearing.
And then the defendant files an Answer, and there will be a
What is that written charge? It is an order requiring the
Hearing. Should the defendant will not appear in the hearing,
respondent to show cause, why he should not be cited for
he shall be arrested and has the right to post bail.
contempt for having committed such contemptuous act.
Another form of written charge is when you prepare a
verified petition by way of special civil action under Section 4
of Rule 71.
How do you initiate? If it is through written order issued by
the court, it is motu propio. If it is by verified petition,
usually it is by another person or by a party (Sec. 4 Rule 71).
Where do you file it? If it arose of or is related to a principal
action, then the petition shall be docketed with the clerk of
court. You will pay separate fees for that but it will be
assigned to the same court where the contemptuous act
arose. It could not be assigned to other courts. It will be
heard by the same court where the contemptuous act was
committed. Now the court can now decide to consolidate it
with the main case (if expeditious) or to hear it separately.
EXCEPT: If the contempt is committed against an inferior
court or a quasi-judicial agency with no contempt powers,
the Supreme Court may cause the investigation of contempt
by a prosecuting officer and charged right by the RTC, or
where the same act is contempt against two or more courts,
in which case, the contempt charge may be filed and heard
in any of the involved courts.
Now, when the trial court will loses jurisdiction upon the
perfection of the appeal, the contempt proceeding may now
be heard by the appellate court.
The rules under R-71 may be supplied by the ordinary rules.
So the ordinary rules will be applied suppletorily. Also, special
rules governing contempt proceedings like in Criminal
contempt, is governed by the Rules on Criminal Procedure
such as the right to counsel, habeas corpus may be available
if due process is not observed and then right on appeal,
where the judgment of the appellate court will benefit even
those who did not appeal.
Procedure for indirect contempt initiated by a party
on the case
1. Verified Petition.
Since the contempt arose from an existing case then the
verified petition will be filed in court at the same time and
served on the defendant. That is again the peculiarity of this
rule because Take note there is no service of summons
unlike in the previous rules na pag-file mo sa court, issue
summons, answer etc. Ito pag-file mo sa court copy-
furnished kay defendant, hindi na magsi-serve ng summons.
That is why service of copy of your pleadings is necessary. In
all other special civil actions, service of summons is
necessary. In contempt proceedings, there is no need to
serve summons.
2. Then the defendant may automatically file an Answer.
3. After that there will be a Hearing or trial to prove the
allegations.
4. Defendant can be arrested if he does not appear. The
remedy shall either beposting bail or may be released Trancribed By: SAbapo, CJBonifacio and HLarosa
without bail if there is no prejudice to public interest. Godbless! KJavier

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