Professional Documents
Culture Documents
Gonzales
RULE 62
INTERPLEADER
Pre-Trial
Hearing
Pleadings
Prepared By: Audreylyn D. Gonzales
RULE 64
REVIEW OF JUDGMENTS OF COA AND COMELEC
File pleadings as
NOTE: Petition shall be in the required by court
Opposition
name of the Republic of the
Philippines
Court may:
Judgment on Partial
1. Accept report and
Report
render judgment in
accordance therewith
Court may render
2. Recommit for further
judgment when any Appeal
report of facts
portion of real estate
3. Set aside report and
have been passed on NOTE: Such appeal shall
appoint new
the commissioners not delay the right of
commissioners
plaintiff to enter upon
4. Accept in part and
the property and
reject in part
appropriate the same for
5. Judgment as it deems
Costs shall be paid by public use
proper to secure:
plaintiff unless appeal is
a. plaintiff of his right
taken and judgment is If appellate court
to expropriate
affirmed determines that plaintiff
b. defendant of his
had no such right, it may
right to just
Fees of the issue:
compensation
commissioners shall be 1. Judgment ordering
taxed as costs the RTC to restore
defendant to possession
Judgment for Just 2. Determine and award
Compensation damages
In default of such
payment, upon
Deficiency Judgment
motion, property shall
Available only in Judicial
be sold at public
Foreclosure
auction to satisfy the
Writ of Possession judgment
Upon motion, court may
render judgment against
Writ shall issue, upon defendant for any balance:
Order Confirming the
motion: 1. If due – writ of execution will
Sale
1. Extra-judicial issue immediately
foreclosure, after 1 2. If not due – writ of execution
Effect: All rights over
year from registration be issued only upon the time
property is vested in
of the certificate of balance becomes due under
the purchaser
sale terms of the contract
2. Judicial foreclosure,
after finality of order
of confirmation
Prepared By: Audreylyn D. Gonzales
Registration
Complaint Trial
If property cannot be
divided without
prejudice to the
parties
Registration
Forcible Entry
1. Deprivation of property Verified Answer Fail to Answer
was by reason of force, Dismiss outright:
10 days from service NO DEFAULT
intimidation, threat, strategy 1. Not sufficient in
of summons
or stealth form and substance
Court may, motu proprio
2. Plaintiff was in prior 2. Filed manifestly
Answer shall or on motion, render
possession of the property for delay
include: judgment based on the
3. Questions raised
1. Compulsory complaint and limited to
Unlawful Detainer are too
counter-claim what is prayed therein
1. Defendant unlawfully unsubstantial
2. Cross-claim
withholds property after the 4. Patently without
expiration of the right to merit
hold possession over the 5. Failure to comply Fail to Appear
same, based on contract with Barangay Verified Answer to
whether express or implied Conciliation Compulsory If plaintiff fails to
2. After demand to: counter-claim and appear:
a. pay rent or comply with Cross-claim 1. cause dismissal of his
the conditions of the lease; 10 days from service complaint
and of answer 2. defendant entitled to
b. vacate judgment on his
3. Notice to defendant: counterclaim
a. written notice to person Preliminary 3. all cross-claims shall
found in the premises Conference be dismissed
b. if no person found, by 30 days after last
posting said notice answer is filed If defendant fails to
4. Defendant failed to appear:
comply within: 1. plaintiff entitled to
Land – 15 days judgment based on his
Preliminary Injunction or Order or Record of
Buildings – 5 days complaint and limited to
Preliminary Mandatory PC
what is prayed therein
Injunction 5 days after
Prayer:
5 days from filing of preliminary
1. Restitution of possession NOTE: it does not apply
complaint conference
over the property where two or more
2. Damages defendants are sued
3. Costs under a common cause
Judgment on the Motion Affidavits and
of action and pleaded a
30 days from filing of Position Papers
common defense
motion 10 days from receipt
of order
Prepared By: Audreylyn D. Gonzales
Judgment Additional Affidavits Appeal to RTC
30 days after receipt of 10 days from receipt of
affidavits and position order
papers or upon expiration
of period for filing the Purpose: Clarify certain Preliminary Mandatory
same material facts Injunction