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CIVIL PROCEDURE

Prof. Elpidio J. Vega

14 March 2016

RULES 30 71
1.

Jurisdiction of courts

Supreme Court
Court of Appeals
Court of Tax Appeals
Regional Trial Courts
Metropolitan Trial Courts/Municipal Trial Courts

2. Demurrer to Evidence

Definition a motion to dismiss based on the ground of insufficiency of evidence and is


presented after the plaintiff rests his case

Nature There is only one-sided trial. It is only the plaintiff who has presented evidence

Remedy against denial of demurrer to evidence Defendant may present his evidence

Effect of grant of demurrer When reversed on appeal, movant deemed to have waived
his right to present evidence. There is no res judicata.

3. Judgment on the pleadings

Definition A judgment rendered by the court if the answer fails to tender an issue, or
otherwise admits the material allegation of the adverse partys pleading.

Nature Whenever an answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party's pleadings, the court may, on motion of that party, direct
judgment on such pleading, except in actions for annulment of marriage or divorce
wherein the material facts alleged in the complaint shall always be proved.

4. Summary judgment

Definition A judgment rendered by a court without trial if it is clear that there exists NO
GENUINE ISSUE or controversy as to any material fact, EXCEPT as to the amount of
damages

Nature Intelocutory

Distinction between judgment on the pleadings and summary judgment

Judgment on the Pleadings


Based solely on the pleadings
Available only to the plaintiff unless the defendant
has a counter-claim
Grounds: Answer fails to tender an issue or there is
an admission of material allegations
3-day notice
Judgment on the merits
Any action except annulment of marriage or legal
separation
An answer is filed

Summary Judgment
Based on pleadings, depositions, admissions and
affidavits
Available to both
Ground: There is no genuine issue between the
parties
10-day notice
Interlocutory or on the merits
Available only in actions to recover a debt, or for a
liquidated sum of money or for declaratory relief
Filed by the plaintiff: At any time before an answer
is served

Filed by the defendant: Any time even before there


is an answer

Genuine issue an issue of fact which calls for the presentation of evidence as
distinguished from an issue

5. Judgment

Requisites of a binding judgment


a. The court or tribunal must be clothed with authority to hear and
determine the matter before it
b. Jurisdiction over the parties and the subject matter
c. Given an opportunity to be heard
d. Evidence must be considered before deciding the case
e. In writing, personally and directly prepared by the judge
f. Must state clearly and distinctly the facts and the law on which it is
based.
g. Contains a dispositive part, signed by the judge and filed with the clerck
of the court

Remedies against a final judgment


a. Before finality of judgment or final order
i.
Motion for Reconsideration
ii.
Motion for New Trial
iii.
Appeal
b. After finality
i.
Relief from judgment or final order
ii.
Annulment of judgment
iii.
Petition for Certiorari
iv.
Collateral attack of a judgment

6. Motion for new trial or reconsideration


New Trial rehearing on a case already decided by the court before the judgment rendered
thereon becomes final and executory, whereby errors of law or irregularities are expunged from the record
or new evidence is introduced, or both steps are taken.

Grounds/requirements
New Trial
1. Fraud
2. Accident
3. Mistake or Excusable Negligence
4. Newly Discovered Evidence which could not,
with reasonable diligence, have been discovered
and produced at the trial, and which if presented
would probably alter the result

When to file Within the period for taking an appeal

Denial of the motion; effect

Grant of the motion; effect

Reconsideration
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision
3. Decision/Final Order is contrary to law

a. New Trial Original judgment or final order is vacated. The case stands
for trial de novo and will be tried anew
b. Reconsideration The court may amend such judgment or final order

Remedy when motion is denied, fresh 15-day period rule


a. Second Motion
i.
New Trial Allowed as long as base don grounds not existing or
available at the time the 1st motion was made
ii.
Reconsideration Second motion from the same party is
prohibited. It only applies to final orders or judgments; hence
applicable in interlocutory orders
b. Fresh Period Rule
i.
Applies to Rule 40-43,45
ii.
Significant only when a party opts to file a motion for new trial or
reconsideration
iii.
Does not refer to the period within which to appeal from the order
denying the motion for reconsideration but to the period within
which to appeal from the judgment itself.

7. Appeals in general

Definition of appeal
Judgments and final orders subject to appeal Judgment or final order that completely
disposes of a case

Matters not appealable


a. An order denying apetition for relief or any similar motion seeking relief
from judgment
b. Interlocutory order
c. Order disallowing or dismissing an appeal
d. Order denying a motion to set aside a judgment by consent, confession
or compromise on the ground of fraud, mistake or duress, or any other
ground vitiating consent
e. Order of execution
f. Judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints,
while the main case is pending, unless the court allows an appeal there
from
g. Order dismissing an action without prejudice

Remedy against judgments and orders which are not appealable Rule 65

Modes of appeal

i.

Ordinary appeal is an appeal by notice of appeal from a judgment or


final order of a lower court on questions of fact and law

ii.

Petition for review Mode of appeal covered by Rule 42, is brought to


the CA on questions of law, of fact, or mixed questions of law and fact

iii.

Petition for review on certiorari Under Rule 45, elevated to the SC only
on questions of law.

Period of appeal/requisites
a. Within 15 days after notice of judgment or final order

b. Where a record on appeal is required, within 30 days from notice of judgment or


final order by filing a notice of appeal and record on appeal

Appeal from judgments or final orders of the MTC


Appeal from judgments or final orders of the RTC
Appeal from judgments or final orders of the CA
Appeal from judgments or final orders of the CTA
Review of final judgments or final orders of the Comelec
Review of final judgments or final orders of the Ombudsman
Review of final judgments or final orders of the NLRC
Review of final judgments or final orders of quasi-judicial agencies

8. Relief from judgments, orders and other proceedings

Grounds for availing of the remedy


a. When judgment or final order is entered into or any other proceeding is
thereafter taken against the petitioner through Fraud, Accident, Mistake and
Excusable Negligence
b. When petitioner has been prevented from taking an appeal

Time to file petition 60 days after knowledge of the judgment AND not more than 6
months after entry of such judgment

Contents of petition
a. Verified
b. Accompanied by an affidavit showing the FAME relied upon
c. Accompanied by an Affidavit of Merit showing the facts constituting the
petitioners good and substantial cause of action or defense as the case may
be

Remedy against order of denial


a. Petition for Annulment of Judgment under Rule 47
b. A direct or collateral attack if judgment is void ab initio for lack of jurisdiction

Remedy against order granting petition

9. Annulment of judgments, orders and other proceedings

Definition A remedy in law independent of the case where the judgment sought to
be annulled was rendered and may be availed of though the judgment has been
executed

Grounds for annulment/requisites


a. Extrinsic Fraud or Collateral Fraud refers to any fraudulent act of the
prevailing party in the litigation which is committed outside of the trial of the
case, whereby the defeated party has been prevented from exhibiting full and
fairly presenting his side of the case
b. Lack of Jurisdiction over the subject matter and over the person may be
barred by estoppel.

Period to file action


a. Extrinsic Fraud 4 years from discovery
b. Lack of Jurisdiction before it is barred by laches or estoppel

Effect of Judgment of Annulment


a. Extrinsic Fraud Court may upon motion order the trial court to try the case
as if a timely motion for new trial had been granted
b. Lack of Jurisdiction Set aside the questioned judgment and render the
same null and void, without prejudice to the original action being refilled in
the proper court

Remedy against denial of petition for annulment

10. Execution, satisfaction and effect of judgments

Final judgment/order; definition is the final consideration and determination of a


court of competent jurisdiction upon the matters submitted to it in an action or
proceeding

Judgments/Orders not stayed by appeal


a. Injunction
b. Receivership
c. Accounting
d. Support
e. Such other judgments declared to be immediately executory unless
otherwise ordered by the trial court

When execution shall issue


i.

Execution as a matter of right


a. On motion
b. Upon a judgment or order that disposes of the action or proceeding
c. Upon expiration of the period to appeal therefrom and no appeal
has been duly perfected

ii.

Discretionary execution
a) Requisites of execution pending appeal
a. Motion by the winning party
b. Notice of the said motion to the adverse party
c. Good reasons stated in a special order after due hearing

Manner of execution by motion or by independent action


a. By Motion within 5 years from date of its entry; The 5-year period is to be
counted not from the date the judgment became final in the sense that no
appeal could be taken therefrom, but when it became executory in the sense
that it could already be enforced.
b. By independent action for revival of judgment after 5 years from entry AND
before it is barred by statute of limitations which is 10 years from entry under
Art. 1144 (3) of the NCC

Issuance and contents of a writ of execution


a. Issued in the name of the Republic of the Philippines
b. State the name of the court, the case nuber and title, the dispositive part of
the subject judgment or order
c. Require the sheriff or other proper officer to whom it is directed to enforce the
writ according to its terms

Manner of execution of judgments for money

a. Immediate payment on demand


b. Satisfaction by Levy
c. Garnishment of debts and credits

Manner of execution of judgments for specific acts


a.
b.
c.
d.
e.

Conveyance, delivery of deeds, or other specific acts; vesting title


Sale of real or personal property
Delivery or restitution of real property
Removal of improvements on property
Delivery of Personal property

Manner of execution of special judgments When a judgment requires the


performance of any act than those mentioned in the two preceeding sections, a
certified copy of the judgment shall be attached to the writ of execution and shall be
served by the officer upon the party against whom the same is rendered, or upon any
other person required thereby, or by law, to obey the same, and such party or person
may be punished for contempt if he disobeys such judgment

Enforcement and effect of foreign judgments or final orders/what are the defenses
a. Provided that the foreign tribunal had jurisdiction:
i.
ii.

In case of judgment against a specific thing the judgment is


conclusive upon the title to the thing
In case of a judgment against a person the judgment is
presumptive evidence of a right as between the parties and their
successor-in-interest by a subsequent title.

b. Enforcement
i.
ii.
c.

Ordinary action to enforce the foreign judgment filed in court


May be pleaded in an answer or a motion to dismiss

Defense
i.

May be repelled by evidence of want of jurisdiction, want of notice,


collusion, fraud or clear mistake of law or fact

Levy it is an act by which an officer sets apart or appropriates a part of the whole
property of the judgment debtor for purposes of the execution sale

Garnishment it is an act of appropriation by the court when the property of debtor is


in the hands of a third person

11. Provisional remedies

Definition/Nature temporary, auxiliary and ancilliary remedies available to a litigant for the
protection and preservation of his rights while the main action is pending

Jurisdiction over provisional remedies Court where the main case is pending and
has jurisdiction
a) Preliminary attachment; definition; requisites
i.

A provisional remedy issued upon order of the court where n action


is pending to be levied upon the property of the defendant so that it

may be held as security for the satisfaction of whatever judgment


may be rendered
ii.

Grounds
1. In actions for recovery of specified sum of money or damages,
except moral and exemplary, on a cause of action arising from law,
contract, quasi-contract, delict or quasi-delict against a party about to
depart from the Philippines with intent to defraud his creditors
2. In actions for money or property embezzled or fraudulently
misapplied or converted to his own use by a public officer, or an
officer of a corp., or an attorney, factor, broker, agent or clerck, in the
course of his employment as such, or by any person in a fiduciary
capacity, or for a willful violation of duty
3. Action to recover the possession of property unjustly or fraudulently
taken, detained, or converted when the property or part thereof has
been concealed or disposed of to prevent its being found by the
applicant or any authorized person;
4. In actions against a person guilty of fraud in contracting the debt or
incurring or performing an obligation upon which the action is based
5. In actions against a party who has removed or disposed of his
property, or is about to do so, with intent to defraud his creditors.
6. Actions against non-residents not found in the Philippines, or on
whom summons is served by publications

b) Preliminary injunction
i.

Definition an order granted at any stage of an action or proceeding prior to the judgment requiring a
party or a court, agency or a person to refrain from a particular act or acts

ii.

Requisites
1. Invasion of the right is material and substantial
2. Right of the complainant is clear and unmistakable
3. Urgent and paramount necessity for the writ to prevent serious
damage

iii.

Kinds of injunction
1. Prohibitory purpose is to prevent a person from the
performance of a particular act; preservation of status quo
2. Mandatory purpose is to require a person to perform a
particular act; restoration of status quo

iv.
v.

When writ may be issued


Grounds for issuance of preliminary injunction
1. Applicant is entitled to the relief demanded
2. Commission, continuance or non-performance of the act
complained of would work injustice to the applicant
3. Party, court, agency or a person is doing, threatening, or is
attempting to do, or is procuring or suffering to be done, some
act or acts probably in violation of the rights of the applicant
respecting the subject of the action or proceeding

vi.

Grounds for objection to, or for the dissolution of injunction or restraining order

1. Insufficiency
2. On other grounds upon affidavits of the party or person enjoined,
which may be opposed by the applicant also by affidavits
3. If injunction would cause irreparable damage to the person
enjoined while the applaicant can be fully compensated for such
damages as he may suffer, PROVIDED, the defendant files a
bond to pay all the damages which the applicant may suffer
vii.

Duration of a Temporary Restraining Order (TRO)


1. Ordinary Does not exceed 20 days
2. Issued by executive judge for multi-sala courts/ordinary judge for
single sala courts 72 hours
3. Issued by the CA 60 days
4. Issued by the SC effective until further orders

viii. Duration of a Preliminary Injunction


1. May exceed 20 days
ix.

Distinction
1. Injunction restrains or requires the performance of particular
acts
2. TRO Maintains status quo
c) Receivership
i.

Definition a petition before a court for appointment of a person in behalf


of all parties to an action for the purpose of preserving the property
involved in the suit and to protect the rights of all the parties under the
direction of the court

ii.

Requisites

a.
Verified Petition
b.
Property is under litigation
c.
Grounds:
1.
Applicant has an interest in the property or fund subject of the proceeding and such property is in
danger of being lost, reoved, or materially injured unless a receiver is appointed
2.
In foreclosure of mortgage when the property is in danger of being dissipated or materially
injured, and that its value is probably insufficient to discharge the mortgage, debt or that it has been
agreed upon by the parties.
3.
After judgment, to preserve the property during the pendency of an appeal or to dispose of it
according to judgment or to aid execution
4.
When appointment of receiver is the most convenient and feasible means of preserving,
administering or disposing of the property in litigation
iii.

Effects

d) Replevin
i.

When may writ be issued when principal action is recovery of personal property and defendant is in
actual possession of the property

ii.

Requisites
1. Applied for at the commencement of the action or at any time
before the defendant answers
2. Affidavit containing

a. Applicant is the owner of the property claimed,


particularly describing it, or is entitled to the possession
thereof
b. Property is wrongfully detained by the adverse party
c. Property has not been distrained or taken for tax
assessment or a fine pursuant to law, or seized under a
writ of execution or under custodial egis
d. Actual market value of the property
3. Bond given by the applicant, executed in favor of the adverse
party and double the value of the property
e) Support Pendente Lite
i.

Definition an amount of support provisionally fixed by the court in favor


of the person or persons entited thereto during the pendency of an action
for support

ii.

How enforced If party fails to comply with an order granting support


pendent elite may warrant:
a. Issuance of an Order of Execution against the non-complying
party
b. Contempt

7. Special civil actions

Interpleader
a. Definition/Nature special civil remedy where a person, who has property in
his possession or an obligation to perform, either wholly or partially, but who
claims no interest in the subject, or whose interest, in whole or in part, is not
disputed by others, goes to court and asks that conflicting claimants to the
property or obligation be required to litigate among themselves in order to
determine finally who is entitled to the same

Requisites for interpleader


a. The plaintiff claims no interest in the subject matter or his claim thereto is not
disputed
b. The parties to be interpleaded must make effective claims
c. There must be atleast two or more conflicting parties
d. Subject matter must be one and the same

Time to file
a. Gen. Rule: Filed within a reasonable time after a dispute has arisen without
waiting to be sued either by either of the contending claimants
b. Exception: Where the stakeholder acts with reasonable diligence in view of
environmental circumstances

Declaratory reliefs and similar remedies


i.

Definition/Nature A special civil remedy to relieve the litigants of the


common law rule that no declaration of rights may be judicially adjudged
unless a right has been violated and for the violation of which relief may be
granted

ii.

Who may file the action 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
iii.

Requisites of action for declaratory relief/jurisdiction


a. The subject matter of the controversy must be a deed, will, contract
or other written instrument, statute, executive order or regulation or
ordinance
b. There must be an actual justiciable controversy between persons
whose interests are adverse
c. There must be no breach of the documents in question
d. The terms of said documents ad the validity thereof are doubtful
and require judicial construction
e. The issue must be ripe for judicial determination (condition
precedent)
f. Adequate relief is not available through other means or other forms
of action or proceeding

iv.

Proceedings considered as similar remedies (Civil Code Remedies)

Reformation of an instrument (Art. 1359) When, there having been


a meeting of the minds of the parties to a contract, their true intention
is not expressed in the instrument purporting to embody the
agreement, by reason of mistake, fraud, inequitable conduct or
accident, one of the parties may ask for the reformation of the
instrument to the end that such true intention may be expressed

Consolidation of ownership

Quieting of title to real property (Art. 476) Whenever there is a


cloud on title to real property or any interest therein, 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

Review of judgments and final orders or resolution of the


Comelec and COA period to file
a. 30 days from notice of judgment. If motion for reconsideration is denied, the
petition must be filed within the remaining period, but which is not less than 5
days

Certiorari, prohibition and mandamus


i.

Certiorari distinguished from appeal by certiorari


Rule 45
Based on questions of law
Mode of appeal
Involves the review of the judgment award or final
order on the merits

Rule 65
Based on questions of jurisdiction
Mode of review
Directed against an interlocutory order
Or

Filed within 15 days from notice of judgment, final


order or resolution appealed from.

Where there is no appeal or any other


speedy or adequate remedy
Filed not later than 60 days from notice
judgment, order or resolution sought to

Stays the judgment or order appealed from


The appellant and the appellee are the original
parties to the action, and the lower court of
quasi0judicial agency is not impleaded
Motion for Reconsideration is not required

The court is in exercise of its appellate jurisdiction


and power of review
The petition shall be filed with the Supreme Court

ii.

If a MR or MNT is filed, the period shal


interrupted but another 60 days shall b
the petitioner
Court exercises original jurisdiction

The petition shall be filed with the RTC


Sandiganbayan and COMELEC (Princi
Hierarchy of Courts)

Requisites

a.
There must be a controversy
b.
Respondent is exercising judicial or quasi-judicial functions
c.
Respondent acted without or in excess of its jurisdiction or acted with
discretion amounting to lack of jurisdiction
d.
There must be no appeal or other plain, speedy and adequate remedy
iii.

Unless a writ of preliminary injunction o


retraining order is issued does not stay
challenged proceeding
The judge, court, quasi-judicial agency
corporation, board, officer or person sh
respondents whore are impleaded in th
Motion for Reconsideration or for New
required

grave abuse of

Definition of lack, in excess of jurisdiction and abuse of discretion


a. Excess of Jurisdiction where the respondent, being clothed with
the power to determine the case, oversteps his authority as
determined by law
b. Grave Abuse of Discretion respondent acts in a capricious,
whimsical, arbitrary or despotic manner in the exercise of his
judgment as to be said to be equivalent to lack of jurisdiction.

iv.

Error of jurisdiction and error of judgment distinguished


a. Error of Jurisdiction The act complained of was issued by the
court without or in excess of jurisdiction. The court exercises
jurisdiction not conferred upon it by law
b. Error of Judgment The court is vested with jursidiciton over the
subject matter of the action but, in the process of exercising that
jurisdiction, it committed mistakes in the appreciation of the facts
and the evidence leading to an erroneous judgment

v.

Prohibition
a. Definition A writ issued by a superior court and directed against an
inferior court, corporation, board, officer or other person whether
exercising judicial, quasi0judicial or ministerial functions for the
purpose of preventing the latter from usurping jurisdiction with which
it is not legally vested
b. Requisites

There must be a controversy


Respondent is exercising judicial, quasi-judicial or
ministerial functions

vi.

Respondent acted without or in excess of its jurisdiciton or


acted with grave abuse of discretion amounting to lack of
jurisdiction
There must be no appeal or other plain, speedy and
adequate remedy

Mandamus
a. Nature A writ issued in the name of the State, to an inferior
tribunal, corporation, board or person, commanding the
performance of an act which the law enjoins as a duty resulting from
an office, trust or station
b. Requisites
There must be a clear legal right or duty
The act to be performed must be practical Within the
powers of the respondent to perform such that if the writ of
mandamus was issued, he can comply with it
Respondent must be exercising a ministerial duty
The duty or act to be performed must be existing
There is no other plain, speedy and adequate remedy in the
ordinary course of law.

vii.

Injunctive relief The petition shall not interrupt the course of the principal
case unless a temporary restraining order or a writ of preliminary injunction
has been issued against the public respondent from further proceeding in
the case

viii.

When petition for certiorari, prohibition and mandamus is proper


Certiorari
Entity or person is alleged to
have acted:
- without jurisdiction
- in excess of jurisdiction
With grave abuse of discretion
amounting to lack or excess of
jurisdiction
Purpose is to annul or nullify a
proceeding

ix.

Prohibition
- without jurisdiction
- in excess of jurisdiction
With grave abuse of discretion
amounting to lack or excess of
jurisdiction
Purpose is to have respondent
desist from further proceeding

Mandamus
Entity or person is all
have unlawfully:
- neglected a ministe
- excluded another fr
office

Purpose is for respon


- do the act required
- pay damages

Exceptions to filing of motion for reconsideration before filing petition


a. Where the order is a patent nullity
b. Where the questions raised in the certiorari proceeding have been
duly raised and passed upon by the lower court or are the same as
those raised and passed upon in the lower court
c. Where there is urgent necessity for the resolution of the question
d. Where MR would be useless
e. Where petitioner is deprived of due process
f. Where in a criminal case, relief from an order of arrest is urgent and
the granting of such relief by the trial court is improbable
g. Where the issue raised is one purely of law or where public interest
is involved
h. Where the proceedings in the lower court are a nullity for lack of
due process
i. Where the proceeding was ex parte or in which the petitioner had
no opportunity to object
j. Where the subject matter of the action is perishable

x.

When and where to file petition


a. When not later than 60 days from notice of judgment, order or
resolution or notice of denial of MR or MNT
b. Where CA, Sandiganbayan, RTC, COMELEC

Quo Warranto
i.

Nature A prerogative proceeding or writ issued by the court to determine


the right to the use or exercise of an office, position or franchise

ii.

Definition By what authority

iii.

Purpose To oust the person holding or exercising such office, position or


franchise if his right is unfounded or if he had forfeited his right to enjow the
privilege

iv.

Distinguish from quo warranto in elective officers and appointive officers


Elective Office
Issue is eligibility of the respondent
Occupant who was declared ineligible or disloyal
will be unseated but the petitioner will not be
declared the rightful occupant of the office
The petition must be filed within 10 days from
proclamation of the candidate
The action may be filed by any registered candidate
for the same office

Appointive Office
Issue is the validity of appointment
The court will oust the person illegally a
and will order the seating of the person
legally appointed and entitled to the off
Must be filed within 1 year from the pet
ouster from the office
The petitioner must be the person entit
office

v.

When individual may commence an action when a person claiming to be


entitled to a public office or position is usurped or unlawfully held or
exercised by another

vi.

Parties
Person who claims to be entitled thereto
Respondent
a. A person who usurps, intrudes into, or unlawfully holds or
exercises a public office, position or franchise
b. A public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture of his
office
c. An association which acts as a corporation within the
Philippines without being legally incorporated or without
lawful authority so to act
Period to file Within 1 year from ouster from office

vii.
viii.

Judgment in quo warranto action when the court finds that there is indeed
a usurpation, judgment shall be rendered that the respondent be ousted and
altogether excluded therefrom, and that petitioner or relator, as the case
may be, recover his costs.

ix.

Rights of a person adjudged entitled to public office


1. After taking the oath of office and executing any official bond required
by law, he may take upon himself the execution of the office
2. Demand respondent all the books and papers appertaining to the office
to which the judgment relates
3. Bring an action for damages against respondent sustained by him by
reason of the usurpation

x.

Venue
1. The action can be brought in the SC, Ca or RTC exercising
jurisdiction over the territorial area where respondent resides or any
of the respondent resides
2. If commenced by the SG, it may be filed with the RTC of Manila, CA
or SC

Expropriation
i.

Matters to allege in complaint for expropriation

ii.

Right and purpose of expropriation


Description of the real or personal property sought to be expropriated
All persons owning or claiming to own or occupying any part or
interest therein must be joined as defendants, showing the separate
interest of each defendant
If the title of the property to be expropriated is in the name of the
Republic or if the title is obscure or doubtful, averment to that effect

Two stages in every action for expropriation


1. Determination of the authority of the plaintiff to exercise the power of
eminent domain and the propriety of the exercise in the context of
the facts involved
2. Determination of Just Compensation

iii.

Jurisdiction incapable of pecuniary estimation, RTC

Foreclosure of real estate mortgage


i.

Deficiency judgment judgment rendered by the court holding defendant


liable for any unpaid balance due to the mortgagee if the proceeds from the
foreclosure sale do not satisfy the entire debt

ii.

Judicial foreclosure versus extrajudicial foreclosure; distinction


Judicial
Court intervention
Equity of Redemption
Rule 68
Deficiency Judgment exists
Recovery of deficiency by motion

iii. Equity of redemption versus right of redemption


iv.
Equity of Redemption
Right of the defendant mortgagor to extinguish the
mortgage and retain ownership of the property by
paying the debt within 90-120 days after the entry
of judgment or even after the foreclosure sale but
prior to confirmation
Period 90-120 days after entry of judgment or even
after foreclosure sale but prior to confirmation
Rule 68

Extra-judicial
No court intervention
Right of Redemption
Act 3135
No deficiency judgment because there i
proceeding but recovery of deficiency is
Recovery of deficiency by independent a

Right of Redemption
Right of debtor, his successor in interest
judicial creditor or judgment creditor of s
or any person having a lien on the prope
subsequent to the mortgage or deed of
which the property is sold to redeem the
within 1year from the registration of the
certificate of foreclosure sale
Period is 1 year from date of registration
certificate sale
Sec. 29-31 Rule 39

v.

Jurisdiction court with jurisdiction over the area where the property is
situated

Partition
i.

Two stages in every action for partition


1. Determination of whether or not a co-ownership in fact exists and a
partition is proper
2. Second stage commences when the parties are unable to agree
upon the partition ordered by the court, partition shall be effected for
the parties by the court with the assistance of not more than three (3)
commissioners. It may also deal with the rendition of the accounting
itself and its approval by the Court after the parties have been
accorded the opportunity to be heard thereon, and an award for the
recovery by the party or parties thereto entitled of their just shares in
the rents and profits of the real estate in question.

ii.

Prescription of action

General Rule: Imprescriptible

Exception: Co-owner asserts adverse title to the property in which


case the period of prescription
Personal Property 4/8 years
Real Property 10/30 years

Forcible entry and unlawful detainer


i.
ii.

Definition
Distinction
Forcible Entry
Possession of the land by the
defendant is unlawful from the
beginning
No previous demand to vacate is
required
Plaintiff must prove that he was in
prior physical possession of the
premises until he was deprived
thereof by the defendant
1 year period is counted from the
date of actual entry on the land

Unlawful Detainer
Possession is inceptively lawful but it
becomes illegal by reason of the
termination of his right to the
possession of the property under his
contract with the plaintiff
Demand is jurisdictional if the ground
is non-payment of rentals or failure to
comply with lease contract
Plaintiff need not have been in prior
physical possession
Period is counted from the date of
last demand

iii. Distinguished from accion publiciana, accion reivindicatoria and accion


interdictal
iv. How to determine jurisdiction in accion publiciana, accion reivindicatoria and
accion interdictal
Accion Interdictal
Summary action for the recovery
of physical possession where the
dispossession has not lasted for
more than one year
All case of forcible entry and
unlawful detainer irrespective of

Accion Publiciana
A plenary action for the recovery
of the real right of possession
when the dispossession has
lasted for more than one year
RTC has jurisdiction if the value
of the property exceeds Php.

Accion Reinvidicatoria
An action for the recov
ownership which nece
includes the recovery
possession
RTC has jurisdiction if
of the property exceed

the amount of damages or


unpaid rentals sought to be
recovered should be brought to
the MTC.

20k/50k in Metro Manila.

20k/50k in Metro Mani

MTC has jurisdiction below said


amounts

MTC has jurisdiction b


amounts

If not brought within 1 year, RTC


has jurisdiction
v.

Who may institute the action and when; against whom the action may be
maintained

Who:
Forcible Entry A person deprived of possession of any land or
building by force, intimidation, threat, strategy or stealth
Unlawful Detainer Lessor, vendor, vendee or other person
against whom possession of any land or building is unlawfully
withheld; Legal representatives or assigns of any such lessor,
vendor, vendee or other person against whom possession of any
land or building is unlawfully withheld

When: Within 1 year


Against Whom:

Only against one in possession at the commencement of the


action
Tenant with right of possession may bring action against another
tenant
Vendor may bring action for ejectment against vendee upon
failure to pay the installments
Against the owner of the property

vi. How to stay the immediate execution of judgment

Defendant perfects his appeal


Files sufficient supersedeas bond to pay the rents, damages and
costs accruing down to the time of judgment appealed from
Deposits with the appellate court the amount of rent due from time to
time under the contract or, in absence of a contract, the reasonable
value of the use and occupation of the premises on or before the 10 th
day of each succeeding month or period

Contempt
i.

Kinds of contempt
a. Direct Contempt Contempt committed in the presence of or so near
a court
b. Indirect Contempt Contempt not committed within the presence of
the court

ii.

Purpose and nature of each


a. The power to punish for contempt is inherent in all courts; its
existence is essential to the preservation of order in judicial
proceedings and to the enforcement of judgments, orders and
mandates of the courts, and consequently to the due administration
of justice
b. Direct Contempt proper punishment of the guilty party for his
disrespect to the courts

c.

Indirect Contempt compulsory performance of some act or duty


required by the court and which he refuses to perform

iii. Remedy against direct contempt; penalty

Remedy Petition for Certiorari or Prohibition (Rule 65). The


execution of the judgment shall be suspended pending resolution of
the petition provided such person files a bond fixed by the court and
conditioned that he will abide by and perform the judgment should
the petition be decided against him

iv. Remedy against indirect contempt; penalty

Remedy - The execution of the judgment shall be suspended


pending resolution of the petition provided such person files a bond
fixed by the court and conditioned that he will abide by and perform
the judgment should the petition be decided against him

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