Post Judgment Remedies Before a Judgment Becomes Final and Executory

Motion for Reconsideration Motion for New Trial Appeal from MTC to RTC Ordinary Appeal (Rule 41) Petition for Review (Rule 42) Petition for Review (Rule 43) Petition for Review on
against Judgment or Final (Rule 40) Certiorari (Rule 45)
Order (Rule 37)

Appeal from N/A MTC RTC exercising original RTC exercising Appellate Quasi-Judicial Agencies RTC, Court of Appeals,
what court? jurisdiction Jurisdicition Sandiganbayan, CTA en banc

Appeal to N/A RTC Court of Appeals Supreme Court

what court?

Where filed Court that rendered the judgment or final order With the Appellate Court

When to File Within the Period for Taking an Appeal Within 15 days after the notice Within 15 days after the notice Within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of the MR/
of judgment or final order, or the of judgment or final order, or the MNT
Generally, within fifteen (15) days after notice to the appellant of the notice of denial of the MR/MNT. notice of denial of the MR/MNT.
judgment or final order. But, if a record on appeal is required, its 30 But its 30 days if a record on But its 30 days if a record on
days from notice. appeal is required appeal is required. Also, its 48
hours in case of Habeas Corpus
cases

Extension Not allowed, except in the SC Not allowed Extension of 15 days allowed Only 1 Extension of 30 days
1. Upon proper motion, and allowed
2. There is payment of docket and other lawful fees and the 1. Justifiable reasons
deposit for costs. 2. There is a motion for
extension of time duly filed
Additional Extension? Rules say no further extension shall be and served
granted except for the most compelling reason and in no case to 3. There is payment of the
exceed 15 days docket and other lawful
fees and the deposit for
costs

How to File By MOTION in writing, stating the grounds, and written notice to the By a NOTICE of appeal or RECORD on appeal (when required) and By filing a VERIFIED PETITION for review with the proper court paying docket and other lawful fees,
adverse party by serving a copy of the notice to the adverse party depositing the amount of P500.00 for costs, and furnishing the RTC and the adverse party with a copy
of the petition

Contents MR must point out specifically
the findings or conclusions of
the judgment or final order
which are not supported by the
evidence or which are contrary
to law, making express
reference to the testimonial or
documentary evidence or to the
provisions of law alleged to be
contrary to such findings or
conclusions
If FAME there must be affidavits
of merit
If newly discovered evidence
there must either be:
1. Affidavits of the witnesses
by whom such evidence is
expected to be given, or
2. By duly authenticated
documents which are
proposed to be introduced in
evidence
If Notice of Appeal: 1. Full names of the parties to
1. Indicate the parties to the appeal the case, without
2. The judgment or final order or part thereof appealed from, and impleading the lower courts
3. State the material dates showing the timeliness of the appeal or judges thereof either as
petitioners or respondents
If Record on Appeal 2. Specific material dates
1. The full names of all the parties to the proceedings shall be showing that it was filed on
stated in the caption of the record on appeal time;
2. Include the judgment or final order from which the appeal is 3. A concise statement of the
taken matters involved, the issues
3. Copies of only such pleadings, petitions, motions and all raised, the specification of
interlocutory orders as are related to the appealed judgment or errors of fact or law, or both,
final order (This is for the proper understanding of the issue allegedly committed by the
involved) Regional Trial Court, and
4. Data as will show that the appeal was perfected on time the reasons or arguments
5. If an issue of fact is to be raised on appeal, the record on appeal relied upon for the
shall include by reference all the evidence, testimonial and allowance of the appeal;
documentary, taken upon the issue involved. 4. Clearly legible duplicate
originals or true copies of
Also, a Certificate of Non-Forum Shopping the judgments or final
orders of both lower courts,
certified correct by the clerk
of court of the Regional Trial
Court, the requisite number
of plain copies thereof and
of the pleadings and other
material portions of the
record as would support the
allegations of the petition.
5. A sworn certification against
forum shopping
1. The full names of the
parties to the case, without
impleading the court or
agencies either as
petitioners or respondents;
2. Specific material dates
showing that it was filed
within the period fixed
3. A concise statement of the
facts and issues involved
and the grounds relied
upon for the review;
4. Clearly legible duplicate
original or a certified true
copy of the award,
judgment, final order or
resolution appealed from,
together with certified true
copies of such material
portions of the record
referred to therein and
other supporting papers;
and
5. A sworn certification
against forum shopping as
provided in the last
paragraph of Section 2,
Rule 42.
1. Full name of the appealing
party as the petitioner and
the adverse party as
respondent, without
impleading the lower courts
or judges thereof either as
petitioners or respondents;
2. The material dates showing
when notice of the
judgment or final order or
resolution subject thereof
was received, when a
motion for new trial or
reconsideration, if any, was
filed and when notice of the
denial thereof was received
3. Statement of the matters
involved, and the reasons
or arguments relied on for
the allowance of the petition
4. Clearly legible duplicate
original, or a certified true
copy of the judgment or
final order or resolution
certified by the clerk of
court of the court a quo and
the requisite number of
plain copies thereof, and
such material portions of
the record as would support
the petition
5. A sworn certification against
forum shopping
 Motion for Reconsideration
against Judgment or Final
Order (Rule 37)
Effect of Interruption of the Period to Appeal
Filing
Grounds 1. That the damages awarded
are excessive
2. That the evidence is
insufficient to justify the
decision or final order; or
3. That the decision or final
order is contrary to law
Grant Court will AMEND such
judgment or final order
accordingly
Perfection
Motion for New Trial
1. FAME-Fraud, accident,
mistake or excusable
negligence which ordinary
prudence could not have
guarded against and by
reason of which such
aggrieved party has
probably been impaired in
his rights
2. NEWLY DISCOVERED
EVIDENCE- Newly
discovered evidence, which
he could not, with
reasonable diligence, have
discovered and produced at
the trial, and which if
presented would probably
alter the result
The original judgment or final
order shall be VACATED, and
the action shall stand for TRIAL
DE NOVO
Appeal from MTC to RTC Ordinary Appeal (Rule 41) Petition for Review (Rule 42) Petition for Review (Rule 43) Petition for Review on
(Rule 40) Certiorari (Rule 45)
Execution is generally stayed Execution is generally NOT No provision if execution is
stayed. (stayed only when stayed or not (find this out)
ordered by CA)
1. Questions of fact 1. Questions of fact 1. Questions of fact Only questions of law
2. Questions of law 2. Mixed questions of fact and 2. Questions of law
3. Mixed questions of fact and law. 3. Mixed questions of fact and law BUT, these must have been
law raised in the court below and is
BUT, these must have been BUT, these must have been raised in the court below and is within within the issues framed by the
BUT, these must have been raised in the court below and is the issues framed by the parties in their assignment of errors parties in their assignment of
raised in the court below and is within the issues framed by the errors
within the issues framed by the parties in their assignment of
parties in their assignment of errors
errors
A partys appeal by notice of appeal is deemed perfected as to him The appeal is perfected as to the petitioner upon the timely FILING of a petition for review and the
upon the FILING of the notice of appeal in due time. A partys appeal PAYMENT of the corresponding docket and other lawful fees (No similar provision in Rule 43 and 45 but
by record on appeal is deemed perfected as to him with respect to I think the provision in 42 applies as well)
the subject matter thereof upon the APPROVAL of the record on
appeal filed in due time
 Motion for Reconsideration
against Judgment or Final
Order (Rule 37)
Procedure The motion shall be
resolved within thirty (30)
days from the time it is
submitted for resolution
If the motion is denied, the
movant has a fresh period
of fifteen (15) days from
receipt or notice of the
order denying or dismissing
the motion for
reconsideration within
which to file a notice of
appeal
If the court grants the
motion, it may AMEND such
judgment or final order
accordingly
Motion for New Trial
The motion shall be
resolved within thirty (30)
days from the time it is
submitted for resolution
If the motion is denied, the
movant has a fresh period
of fifteen (15) days from
receipt or notice of the order
denying or dismissing the
motion for reconsideration
within which to file a notice
of appeal
If the court grants the
motion, the original
judgment or final order shall
be VACATED, and the
action shall stand for TRIAL
DE NOVO.
Appeal from MTC to RTC
(Rule 40)
Within fifteen (15) days from
the perfection of the appeal,
the clerk of court of the
lower court shall TRANSMIT
the original record or the
record on appeal, together
with transcripts and exhibits,
which he shall certify as
complete, to the proper
Regional Trial Court
Upon receipt of the
complete record or the
record on appeal, the clerk
of court of the Regional Trial
Court shall NOTIFY the
parties of such fact
Within fifteen (15) days from
such notice, it shall be the
duty of the appellant to
submit a MEMORANDUM, a
copy of which shall be
furnished to the appellee
The case shall be
considered submitted for
decision upon the filing of
the memorandum of the
appellee, or the expiration of
the period to do so
Ordinary Appeal (Rule 41)
Within the period for taking 1.
an appeal, the appellant
shall pay to the clerk of the
court, which rendered the
judgment or final order
appealed from, the full
amount of the appellate
court docket fee
Within thirty (30) days after
perfection of all the appeals,
the clerk of court shall verify
the correctness and
completeness of the records
and if incomplete, to take
such measures to complete
such records, certify to the
correctness of the records,
to transmit the same to the
appellate court, and to
furnish the parties with
copies of his letter of
transmittal of the records to
the appellate court
Upon receiving the original
record on appeal and the
accompanying documents
transmitted by the lower
court, as well as the proof of
payment of the docket and
other lawful fees, the clerk
of court of the Court of
Appeals shall docket the
case and notify the parties
Within forty-five (45) days
from receipt of the notice of
the clerk of court, the
appellant shall file a brief
with proof of service upon
the appelleeWithin forty-five
days from the receipt of the
appellants brief, the
appellee shall file his own
brief with proof of service to
the appellant
Within twenty (20) days from
receipt of the appellees
brief, the appellant may file
a reply brief answering
points in the appellees brief
not covered in his main brief
In petitions for certiorari,
prohibition, mandamus, quo
warranto and habeas corpus
cases, briefs are not filed.
Instead, the parties shall file
their respective memoranda
within a non- extendible
period of thirty (30) days
from receipt of the notice
issued by the clerk that all
the evidences are already
attached to the record
Petition for Review (Rule 42) Petition for Review (Rule 43) Petition for Review on
Certiorari (Rule 45)
Court of appeals, may on its own initiative, dismiss the The Supreme Court, may on its
petition own initiative, deny/dismiss the
a. There is a failure to comply with any of the requirements petition on the ground that:
regarding the payment of the docket and other lawful a. Failure of the
fees, the deposit for costs, proof of service of the petitioner to comply
petition, and the contents of and the documents which with any of the
should accompany the petition foregoing
b. If it finds the same to be patently without merit, requirements
prosecuted merely for delay, or that the questions raised regarding the payment
are too unsubstantial to require consideration of the docket and
2. Court of Appeals can also require the respondent to file a other lawful fees,
comment on the petition within ten (10) days from notice or deposit for costs, proof
require the respondent to comment of service of the
3. Court of Appeals decides whether to give due course to the petition, and the
petition or not. This will depend whether there is a prima contents of and the
facie showing that the lower court has committed an error of documents which
fact or law that will warrant a reversal or modification of the should accompany the
appealed decision petition
4. If the petition is given due course, the Court of Appeals may b. The appeal is without
either: merit
a. Set the case for oral argument or c. Appeal is prosecuted
b. Require the parties to submit memoranda within a period manifestly for delay, or
of fifteen (15) days from notice. d. The questions raised
4. The case shall be deemed submitted for decision upon the therein are too
filing of the last pleading or memorandum required unsubstantial to
require consideration
2. For purposes of
determining whether the
petition should be denied
or given due course, the
Supreme Court may
require the filing of such
pleadings, briefs,
memoranda or the
submission of documents
it may deem necessary
3. If the petition is given due
course, the Supreme
Court may require the
elevation of the complete
record of the case or
specified parts thereof
within fifteen (15) days
from notice
 Motion for Reconsideration
against Judgment or Final
Order (Rule 37)
Other things A party shall NOT be
to remember allowed to file a second
motion for reconsideration
of a judgment or a final
order.
Partial reconsideration is
allowed if what if the MR
affects only part of the
judgment
In case of denial, fresh
period of fifteen (15) days
from receipt or notice of the
order denying or dismissing
the motion for
reconsideration within which
to file a notice of appeal for
the main case(Neypes Rule)
The order of denial,
however, is unappealable.
Neither can it be subject of
a petition for certiorari
Motion for New Trial
Party is allowed to file a
second MNT. But when an
MNT is filed it should include
all grounds then available.
Those not so included are
deemed WAIVED.
Partial New Trial is also
allowed
In case of denial, fresh
period of fifteen (15) days
from receipt or notice of the
order denying or dismissing
the motion for
reconsideration within which
to file a notice of appeal for
the main case(Neypes Rule)
The order of denial,
however, is unappealable.
Neither can it be subject of a
petition for certiorari
Appeal from MTC to RTC Ordinary Appeal (Rule 41) Petition for Review (Rule 42) Petition for Review (Rule 43) Petition for Review on
(Rule 40) Certiorari (Rule 45)
If the MTC granted a MTD on a Doctrine of Residual Residual Jurisdiction of the RTC Petition should be filed in 18
ground OTHER than lack of Jurisdiction, the Trial Court has remains before the Court of copies
jurisdiction over the subject still jurisdiction for as long as it Appeals gives due course to the
matter has possession of the records of petition
The RTC can affirm or the case. In this case, the court
reverse the order of can continue to act.
dismissal.
If the MTC granted a MTD
based on lack of jurisdiction over
the subject-matter and the RTC
has jurisdiction over it
The RTC on appeal has the
duty to try the case on the
merits, as if it has original
jurisdiction thereof.
If the MTC tried the case without
jurisdiction over the subject
matter
The RTC shall not longer
dismiss the case if it has
original jurisdiction thereof. It
should also try the case on
the merits, without prejudice
to the admission of
amended pleadings and
additional evidence in the
interest of justice.
 Post Judgment Remedies After a Judgment Becomes Final and Executory
Petition for Relief from Judgment or Final
Order, for denial of appeal (Rule 38)
Directed against Judgments and finals orders of the MTC or RTC
Where filed Court that rendered the judgment
Who can file Only parties to the proceedings
When to File Within sixty (60) days after the petitioner learns
of the judgment, final order or proceeding AND
not more them six (6) months after such
judgment or final order was entered
It can be filed only when there are no other
available adequate remedies.
An MR/MNT must not have been previously
filed
Extension? No extension
How to File By verified petition accompanied with an affidavit of merit
Contents The affidavit of merit must show the fraud,
accident, mistake or excusable negligence
relied upon, and the facts constituting the
petitioners good and substantial cause of
action or defense, as the case may be
Grounds FAME
1. When a judgment or final order is entered,
or any other proceeding is thereafter taken
against the petitioner in any court through
fraud, accident, mistake, or excusable
negligence or
2. When the petitioner has been prevented
from taking an appeal by fraud, accident,
mistake, or excusable negligence
Grant If petition for relief from the judgment, final
order or proceeding: Court shall set aside the
judgment, final order or other proceeding
complained of. The case then shall stand as if
such judgment, final order or proceeding had
never been rendered, issued or taken. The
court shall then proceed to hear and determine
the case as if a timely motion for a new trial or
reconsideration had been granted by it
If petition for relief from denial of appeal:
Court shall set aside the previous denial of the
appeal and shall give due course to the said
appeal. It shall then elevate the records of the
appealed case as if a timely and proper appeal
had been made
Petition for annulment of a judgment (Rule Petition on Collateral Attack
47) Certiorari (Rule of a Void
65) Judgment
Next-level court
Any person
Extrinsic fraud: the action must be filed
within four (4) years from its discovery
Lack of jurisdiction: the action must be
brought before the action is barred by laches
or estoppel
1. Petition must allege with particularity the
facts and the law relied upon for
annulment, as well as those supporting
the petitioners good and substantial
cause of action or defense, as the case
may be.
2. The petition shall be filed in seven (7)
clearly legible copies, together with
sufficient copies corresponding to the
number of respondents.
3. A certified true copy of the judgment or
final order or resolution shall be attached
to the original copy of the petition intended
for the court and indicated as such by the
petitioner.
4. Certificate of non-forum shopping
1. Extrinsic fraud
2. Lack of jurisdiction (over the person of the
defendant or the subject-matter)
BUT see also: Violation of Due Process:
such as for failure to serve summons in
actions in rem or quasi in rem (recognized in
jurisprudence, Chaves Biaco vs Philippine
Countryside Rural Bank 2007)
If based on Extrinsic Fraud: The court, upon
motion, may order the trial court to try the case
as if a motion for new trial was granted
If based on Lack of Jurisdiction: Court shall
set aside the questioned judgment or final
order and rendering the same null and void
but the judgment of annulment is without
prejudice to the refiling of the original action in
the proper court.
 Petition for Relief from Judgment or Final
Order, for denial of appeal (Rule 38)
Procedure If the petition is sufficient in form and
substance, to justify relief, the court in
which it is filed shall issue an order
requiring the adverse parties to answer the
same within fifteen (15) days from the
receipt thereof
After the filing of the answer or the
expiration of the period to file the answer,
the court shall hear the petition
After the hearing and the court finds that
the allegations therein are not true, it
shall dismiss the petition
It can also grant the petition, if tit finds
the allegations to be true
Petition for annulment of a judgment (Rule Petition on Collateral Attack
47) Certiorari (Rule of a Void
65) Judgment
Should the court find no substantial merit
in the petition, the same may be dismissed
outright with specific reasons for such
dismissal.
Should prima facie merit be found in the
petition, the same shall be given due
course and summons shall be served on
the respondent.
The procedure in ordinary civil cases shall
be observed. Should a trial be necessary,
the reception of the evidence may be
referred to a member of the court or a
judge of a Regional Trial Court.
 Provisional Remedies

Preliminary Attachment
(Rule 57
Nature It is a provisional remedy,
in virtue of which a
plaintiff or other party,
may at the
commencement of the
action or at any time
thereafter, have the
property of the adverse
party taken into custody
of the court (attached) as
security for the
satisfaction of any
judgement that may be
recovered.
Purely statutory in
character
Attachment is preliminary
only when resorted to
before the finality of
judgment to secure the
property of the adverse
party to prevent its
dissipation. If there is
already a final judgment,
then execution, instead,
is proper
Preliminary Injunction
(Rule 58)
It is an order granted at
any time, prior to the
judgment or final order,
requiring a party, court,
agency, or person to
perform or refrain from
performing a particular
act or acts.
It is an equitable remedy.
It is to be resorted to by
a litigant to prevent or
preserve a right or
interest where there is a
necessity to avoid
injurious consequences
which cannot be
remedied under any
standard of
compensation
Court issues it to prevent
a threatened or
continued irreparable
injury to the plaintiff
before a judgment can
be rendered on the claim
Purpose is to preserve
the status quo of the
subject matter of the
action to protect the
rights of the plaintiff
during the pendency of
the suit, to otherwise, if
he wins, the victory will
be empty since the act
he is seeking to restrain
has already been done
Temporary Receivership (Rule 59) Replevin (Rule 60) Support Pendente Lite
Restraining Order (Rule 61)
(Rule 58)
Its like a Presupposes that there Provisional remedy to It is an amount of
provisional remedy is an action or allow the plaintiff to retain support provisionally
to a preliminary proceeding and that the the thing in litigation fixed byt eh out in
injunction property subject of such during the pendency of favour of the person or
Its to prevent any action or proceeding the action. persons entitled
injury which may requires its preservation It is primarily possessory thereto during the
happen before the in nature and generally pendency of an action
preliminary determines nothing more for support
injunction can be than right of possession The main action is
heard Gist is the right of usually for support
2 kinds of TRO possession in the plaintiff. and support pendente
1. TRO based on Primarily relief sought is lite is the provisional
great or the return of personal remedy
irreparable property wrongfully But it can also be
injury effective detained by another availed of in legal
for 20 days person separation, annulment
from service or nullity proceedings
2. TRO based on
extreme
urgency, grave
injustice and
irreparable
injury effective
for 72 hours
from issuance

Prov Rem/ Always a provisional remedy Can be a provisional remedy Always a provisional Can be a provisional remedy or main action
Main or main action remedy
Action

Purpose 1. To seize any property of
the defendant as security
under custody of the
court for satisfaction of
judgment
2. To acquire jurisdiction
over the action by
seizure of the property in
instances when
summons on the
defendant cannot be
effected
To preserve and protect
certain rights and interests
during the pendency of an
action (to preserve or restore
the status quo)
Status quo? It is the last,
actual, peaceful, and
uncontested status that
precedes the actual
controversy, that which is
existing at the time of the
filing of the case
Issued to preserve the
status quo until the
hearing of the
application for a writ of
preliminary injunction
because the injunction
cannot be issued ex
parte
To protect and preserve the To recover personal property To recover support from
rights of the parties during from the adverse party the adverse party pending
the pendency of the main the main action
action or appeal, or as an aid
in the execution of a
judgment as when the writ of
execution has returned
unsatisfied

What does Seize the property of the Order the one to whom it is directed to preserve the Appoints a receiver who will Seizes the personal property It orders the adverse party
it basically defendant and place it in the status quo by refraining from doing something or to do preserve or conserve the of the adverse party and to give support pending
do custody of the court something. (Refraining from changing the status quo or property in litigation places it in the custody of the the outcome of the main
doing something to restore then preserve the status applicant action
quo)

Against Real/personal property 1. Party Directed against the property Personal property
whom/ 2. Court which is the subject of the
what 3. Agency action or proceeding
directed 4. Person

Stage of 1. At the commencement of the action At any stage, even after the Any time before the answer 1. At the commencement
the 2. At any time before entry of judgment (until judgment becomes final and executory) judgment has become final of the action
Proceedin and executory 2. At any time before
gs when it
entry of judgment
may be
(until judgment
availed of
becomes final and
executory)
 Preliminary Attachment
(Rule 57
Grounds 1. In an action for the
recovery of a specified
amount of money or
damages, other than
moral and exemplary, on
a cause of action arising
from law, contract, quasi-
contract, delict or quasi-
delict against a party
who is about to depart
from the Philippines
with intent to defraud
his creditors
2. In an action for money or
property embezzled or
fraudulently misapplied
or converted to his own
use by a public officer, or
an officer of a
corporation, or an
attorney, factor, broker,
agent, or clerk, in the
course of his
employment as such, or
by any other person in a
fiduciary capacity, or for
a willful violation of duty
3. In an action to recover
the possession of
property unjustly or
fraudulently taken,
detained or converted,
when the property, or any
part thereof, has been
concealed, removed, or
disposed of to prevent
its being found or taken
by the applicant or an
authorized person
4. In an action against a
party who has been
guilty of a fraud in
contracting the debt or
incurring the obligation
upon which the action is
brought, or in the
performance thereof
5. In an action against a
party who has removed
or disposed of his
property, or is about to
do so, with intent to
defraud his creditors
6. In an action against a
party who does not
reside and is not found
in the Philippines, or on
whom summons may
be served by
publication.
How to 1. Upon application or
avail/ motion (may be ex-parte
Requireme or with hearing)
nts 2. Filing of requisite
affidavit stating:
a. Sufficient cause of
action exists
b. Cause of action is
one of the grounds
provided
c. No other sufficient
security
d. That the amount due
to the applicant, or
the value of the
property the
possession of which
he is entitled to
recover, is as much
as the sum for which
the order is granted
above all legal
counterclaims
3. Attachment Bond
Equal to that fixed by the
court which is the
amount sufficient to
satisfy the plaintiffs
demand or the value of
the property to be
attached.
Preliminary Injunction
(Rule 58)
Requisites under the Code,
It must be established that:
1. That the applicant is
entitled to the relief
demanded, and the
whole or part of such
relief consists in
restraining the
commission or
continuance of the act or
acts complained of, or in
requiring performance
of an act or acts, either
for a limited period or
perpetually
2. That the commission,
continuance or non-
performance of the act or
acts complained of
during the litigation
would probably work
injustice to the
applicant
3. That a 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,
and tending to render
the judgment
ineffectual.
Requisites from
Jurisprudence:
1. Existence of a clear and
mistakable right that
must be protected
2. There is a material and
substantial invasion of
such right
3. Urgent necessity for the
writ to prevent
irreparable injury to the
applicant
4. No other ordinary,
speedy and adequate
remedy
1. Verified application
2. It must be established
that there is an:
a. Existence of a clear
and mistakable right
that must be
protected
b. Urgent and
paramount necesssity
for the writ to prevent
serious damage
3. Notice and Hearing (ex-
parte not allowed)
4. Injunction Bond, in an
amount fixed by the
court, unless exempted
by the court (if no person
will be prejudiced, no
need for the bond)
Temporary Receivership (Rule 59) Replevin (Rule 60) Support Pendente Lite
Restraining Order (Rule 61)
(Rule 58)
Either: Basically, that the property or Personal property is That the applicant is
a. Great or fund is in danger of being wrongfully detained entitled to support (under
irreparable injury, lost, removed, materially substantive law, family
or (For 20-day altered, waster, or dissipated code)
TRO)
b. Extreme urgency, 1. When it appears from
grave injustice and the verified application,
irreparable injury and such other proof as
(For 72-hour TRO) the court may require,
that the party applying
for the appointment of a
receiver has an interest
in the property or fund
which is the subject of
the action or proceeding,
and that such property or
fund is in danger of
being lost, removed, or
materially injured unless
a receiver be appointed
to administer and
preserve it
2. When it appears in an
action by the mortgagee
for the foreclosure of a
mortgage that the
property is in danger of
being wasted or
dissipated or materially
injured, and that its value
is probably insufficient to
discharge the mortgage
debt, or that the parties
have so stipulated in the
contract of mortgage
3. After judgment, to
preserve the property
during the pendency of
an appeal, or to dispose
of it according to the
judgment, or to aid
execution when the
execution has been
returned unsatisfied or
the judgment obligor
refuses to apply his
property in satisfaction of
the judgment, or
otherwise to carry the
judgment into effect
4. Whenever in other cases
it appears that the
appointment of a
receiver is the most
convenient and feasible
means of preserving,
administering, or
disposing of the property
in litigation
1. If facts in the 1. Verified application 1. Application 1. File a verified
verified application 2. Applicant must have an 2. Affidavit of himself of application which
for preliminary interest in the property some other person who states:
injunction would funds subject of the personally knows the a. Grounds for the
either show the action facts: claim
following before 3. Proof of existence of the a. That the applicant is b. Financial
the hearing on the grounds the owner of the conditions of both
preliminary 4. Notice and hearing property claimed, parties
injunction: 5. Filing of bond by particularly 2. Affidavits, depositions,
a. Great or applicant, fixed by the describing it, or is or other authentic
irreparable court entitled to the documents in support
injury (20-day 6. Filing of bond by possession thereof of the application
TRO) receiver, fixed by the b. That the property is which establishes the
b. Extreme court and his oath wrongfully detained right to be granted
urgency, grave by the adverse party, support
injustice and alleging the cause of 3. Aderse party will be
irreparable detention thereof asked to verified
injury (72-Hour according to the best comment on the
TRO) of his knowledge, application within 5
2. Bond, unless information, and days from service
exempted by the belief upon him of the
court c. That the property has application and
3. Summary hearing not been distrained supporting
in case of the 20- or taken for a tax documents. The
day TRO assessment or a fine comment should be
4. Ex-parte hearing in pursuant to law, or accompanied by
case of the 72 seized under a writ of affidavits, depositions
hour TRO execution or or other authentic
preliminary documents also
attachment, or
 Preliminary Attachment
(Rule 57
attached.
Contents 1. Requires the sheriff of
of the the court to attach so
Order much of the property in
the Philippines of the
party against whom it is
issued, not exempt from
execution, as may be
sufficient to satisfy the
applicants demand,
unless such party makes
a deposit, or gives a
bond in an amount equal
to that fixed in the order,
which may be the
amount sufficient to
satisfy the applicant's
demand or the value of
the property to be
attached as stated by the
applicant, exclusive of
costs.
Duty of the 1. The sheriff enforcing the
Sheriff writ shall without delay
and with all reasonable
diligence attach, to await
judgment and execution
in the action, only so
much of the property in
the Philippines of the
party against whom the
writ is issued, not exempt
from execution, as may
be sufficient to satisfy the
applicant's demand,
unless the former makes
a deposit with the court
from which the writ is
issued, or gives a
counter-bond executed
to the applicant, in an
amount equal to the
bond fixed by the court in
the order of attachment
or to the value of the
property to be attached,
exclusive of costs.
2. No levy on attachment
pursuant to the writ
issued under Section 2
hereof shall be enforced
unless it is preceded, or
contemporaneously
accompanied, by service
of summons, together
with a copy of the
complaint, the
application for
attachment, the
applicant's affidavit and
bond, and the order and
writ of attachment, on the
defendant within the
Philippines.
3. After enforcing the writ,
the sheriff must likewise
without delay make a
return thereon to the
Preliminary Injunction
(Rule 58)
It either commands one to refrain (prohibitory
injunction) from doing a particular act or commands the
performance (mandatory injunction) of some positive
act to correct a wrong
Temporary Receivership (Rule 59) Replevin (Rule 60) Support Pendente Lite
Restraining Order (Rule 61)
(Rule 58)
otherwise placed 4. After the comment is
under custodia legis, filed, or after the
or if so seized, that it expiration of the time
is exempt from such for its filing, the
seizure or custody; application shall be
and set for hearing not
d. The actual market more than 3 days
value of the property. thereafter.
5. Bond in double the value 5. If the application is
of the property stated in granted, the court
the affidavit shall fix the amount of
money to be
provisionally paid or
other forms of support,
taking into account the
necessities of the
application and
resources or means of
the adverse party.
Appoint a receiver 1. Description of the The court shall determine
personal property alleged provisionally the pertinent
to be wrongfully detained facts, and shall render
2. Require the sheriff to take such orders as justice and
such property into equity ma require, having
custody due regard to the probable
outcome of the case and
such other circumstances
as may aid in the proper
resolution of the question
involved.
If the application is
granted, the court shall fix
the amount of money to
be provisionally paid or
other forms of support,
taking into account the
necessities of the
application and resources
or means of the adverse
party.
1. Upon receiving such
order, the sheriff must
serve a copy thereof on
the adverse party,
together with a copy of
the application, affidavit
and bond, and must
forthwith take the
property, if it be in the
possession of the
adverse party, or his
agent, and retain it in his
custody.
2. If the property or any part
thereof be concealed in a
building or enclosure, the
sheriff must demand its
delivery, and if it be not
delivered, he must cause
the building or enclosure
to be broken open and
take the property into his
possession.
3. After the sheriff has taken
possession of the
property as herein
provided, he must keep it
in a secure place and
shall be responsible for
its delivery to the party
entitled thereto upon
receiving his fees and
necessary expenses for
taking and keeping the
same
4. Sheriff must keep the
property for 5 days within
which the adverse party
can object to it.
5. If the adverse party does
nto object, the property
will be delivered to the
applicant
 Preliminary Attachment Preliminary Injunction Temporary Receivership (Rule 59) Replevin (Rule 60) Support Pendente Lite
(Rule 57 (Rule 58) Restraining Order (Rule 61)
(Rule 58)

court from which the writ

issued, with a full
statement of his
proceedings under the
writ and a complete
inventory of the property
attached, together with
any counter-bond given
by the party against
whom attachment is
issued, and serve copies
thereof on the applicant

How to To prevent:
Prevent File a deposit or 1. Prove that the issuance or continuance will cause
the counter-bond, in an
Implement amount equal to the
ation of
bond fixed by the court in
the Order
the order of attachment
or
Discharge
or to the value of the
it property to be attached,
exclusive of costs
To discharge/dissolve:
1. Filing a motion to
discharge the attachment
and filing a deposit or
counter-bond, or
2. File a motion to set aside
or discharge the
attachment on the
following grounds without
need for filing a counter-
bond:
a. Attachment was
improperly or
irregularly issued or
enforced
b. Bond is insufficient
c. Attachment is
excessive
d. Property is exempt
from execution
Adverse party must both: Adverse party can either: Adverse party can post a re-
1. File a counter-bond fixed delivery bond double the
irreparable damage to the party or person by the court value of the property as
enjoined while the applicant can be fully 2. Prove that there is stated in the applicants
compensated for such damages as he may suffer insufficient cause affidavit before the property is
2. Files a counter-bond fixed by the court 3. Prove that the applicant's delivery to the applicant
or the receiver's bond is (within the 5-day period
Or he can also prove the insufficiency of the found to be insufficient in
application amount, or if the surety
or sureties thereon fail to
*But note that when the TRO the 72-hour one issued, justify, and a bond
there no way to prevent that sufficient in amount with
sufficient sureties
File a Petition for Certiorari based on Grave Abuse of approved after
Discretion (Rule 65) justification is not filed
4. File a motion and prove
that the receiver is no
longer necessary
5. File a Petition for
Certiorari based on
Grave Abuse of
Discretion (Rule 65)

File a Petition for Certiorari

based on Grave Abuse of
Discretion (Rule 65)

Damages Allowed, provided: N/A

for 1. There is notice and hearing
wrongful 2. Filed before trial, or before appeal is perfected, or before the judgment becomes executory
availment 3. Should the attachment bond be insufficient to fully satisfy the award of damages, the party against whom the attachment was issued may recover in
of the
the same action the damages awarded to him
remedy
4. The award of damages must be included in the judgment on the main case
 Petition for Certiorari (Rule Petition for Certiorari (Rule Petition for Prohibition
65) 64) (Rule 65)
Nature Not a mode of appeal, not the certiorari under Rule 45 It is an extraordinary writ
Raises only questions of jurisdiction commanding a tribunal,
It is an original and independent action, a special civil corporation, board, officer,
action that is not part of the trial or the proceedings on the or persons whether
complaint filed in the trial court exercising functions that
It is a remedy to correct acts of any tribunal, board or are judicial, quasi-judicial
officer exercising judicial or quasi-judicial functions that or ministerial, to desist
constitute grave abuse of discretion amounting to lack or from further proceedings
excess of jurisdiction when such are conducted
without or in excess of its
jurisdiction, or grave
abuse of its discretion,
there being no other plain,
speedy, and adequate
remedy in the ordinary
course of law
It is filed to prevent an
encroachment, excess,
usurpation or assumption
of jurisdiction on the part
of a tribunal, corporation,
board or officer
It is granted when it is
necessary for the orderly
administration of justice,
or prevent the use of the
strong arm of the law in
an oppressive or
vindictive manner, or
multiplicity of actions
Its function is to preven
the unlawful and
oppressive exercise of
legal authority
Purpose why Purpose is to annul or modify the judgment, final orders, or Purpose is to secure an order
you file it resolutions of certain persons/bodies when there is a grave or judgment to command
abuse of jurisdiction amounting to lack or excess of certain persons/bodies to
jurisdiction and there is no other plain, speedy, and adequate desist from further
remedy proceedings in the action on
the basis of a grave abuse of
jurisdiction amounting to lack
or excess of jurisdiction and
there is no other plain,
speedy, and adequate remedy
Against The judgment, final order, The judgments, final orders, The following, exercising
whom/what resolution, interlocutory or resolutions, of either the: either judicial, quasi-judicial or
directed order, or proceedings of the 1. Commission of Elections ministerial functions:
following, in the exercise of 2. Commission on Audit 1. Tribunal
juridicial or quasi-judicial 2. Corporation
functions: *Certiorari is directed against 3. Board
1. Tribunal the ACTS of such persons/ 4. Officer
2. Board bodies 5. Person
3. Officer
*Injunction is directed against
*Certiorari is directed against the persons/bodies
the ACTS of such persons/ themselves
bodies
Petition for Mandamus
(Rule 65)
It is an extraordinary writ
commanding a tribunal,
corporation, board,
officer, or person to do an
act required to be done
when it or he either
unlawfully neglects the
perfomance of an act
which the law specifically
enjoins as a duty or
unlawfully excludes
another from the use and
enjoyment of a right or
office to which such other
is entitled
There must also be no
other plain, speedy, and
adequate remedy in the
ordinary course of law
It is employed to compel
the perfomance, when
refused, of a ministerial
duty which as opposed to
a discretionary one, is
that which an officer or
tribunal performs in a
given state of facts, in a
prescribed manner, in
obedience to the
mandate of legal
authority, without regard
to or the exercise of his
or its own judgment upon
the propriety or
impropriety of the act
done
Purpose is to secure an order
or judgment to command
certain persons/bodies to
perform a ministerial duty
The following, exercising
ministerial functions:
1. Tribunal
2. Corporation
3. Board
4. Officer
5. Person
 Petition for Certiorari (Rule Petition for Certiorari (Rule Petition for Prohibition Petition for Mandamus
65) 64) (Rule 65) (Rule 65)

Requirements 1. That the petition is directed against the proper parties 1. That the plaintiff has a
2. The existence of a grave abuse of jurisdiction amounting to lack or excess of jurisdiction clear legal right to the
(on the part of such parties) act demanded
3. There must neither be an appeal nor any plain, speed and adequate remedy in the 2. It must be the duty of the
ordinary course of law defendant to perform the
act because it is
mandated by law
3. The defendant
unlawfully neglects the
performance of the duty
enjoined by law
4. The act to be performed
is ministerial, not
discretionary
5. There must neither be an
appeal nor any plain,
speed and adequate
remedy in the ordinary
course of law

How to avail 1. Person aggrieved may file a verified petition in the proper court alleging:
a. The facts with certainty
b. Pray that judgment be rendered annulling or modifying the proceedings of the tribunal, board or officer
c. Grant such incidental reliefs as law and justice may require
2. Certified true copy of the judgment, order or resolution subject of the petition
3. Copies of all pertinent pleadings and documents
4. Sworn certification of non-forum shopping
5. Specific material dates
6. Proof of service on the proper parties and timely payment of the docket fees

When to File Within 60 days from notice of
the judgment, order or
resolution or from notice of
denial of the MR/MNT
Extension? Not allowed,
unless there are exceptional
and meritorious
circumstances
Within 30 days from notice of Within 60 days from notice of the judgment, order or resolution
the judgment, order or or from notice of denial of the MR/MNT
resolution, or within the
remaining period (but not less Extension? Not allowed, unless there are exceptional and
than 5 days) from the notice meritorious circumstances
of denial of the MR/MNT
*No fresh period here

Where to Next level higher courts have Supreme Court Next level higher courts have concurrent jurisdiction but follow
File? concurrent jurisdiction but principle of hierarchy of courts (Can be in the RTC, CA, or SC)
follow principle of hierarchy For QJA, file it in the CA
of courts (Can be in the RTC,
CA, or SC)
For QJA, file it in the CA

Effect of Generally, it will NOT stay the proceedings below, unless a preliminary injunction/TRO is issued
Filing

Procedure 1. If the court fines that the petition is sufficient in form and substance. Court shall issue an order requiring respondent to
comment on the petition within 10 days from receipt of a copy of the petition.
2. Court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper
3. After the pleadings filed, court can either:
a. Hear the case
b. Require the parties to submit memoranda
3. Court can then render judgment
 Petition for Certiorari (Rule Petition for Certiorari (Rule Petition for Prohibition Petition for Mandamus
65) 64) (Rule 65) (Rule 65)

Grounds for 1. Failure to comply with the formal requirements/correct procedures

Dismissal 2. Petition is found to be patently without merit (But this ground is not in rule 64)
3. Petition is prosecuted manifestly for delay
4. Questions raised in the petition are too insubstantial to require consideration

Effect of Annulment or modification of the judgment, order, resolution Order for the person/body to Order for the person/body to
Grant or proceeding subject of the petition desist from further proceeding perform a ministerial act
with the case

Remedy of File an appeal because what is involved is an original action

Losing Party
 Interpleader (Rule 62)
Nature It is filed by a person against whom
two conflicting claims are made upon
the same subject-matter and over
which he claims no interest whatever,
or if he has an interest, it is one which
in whole or in part is not disputed by
the claimants
It is not based on a cause of action,
there is no breach of a right, thus no
damages can be awarded
Purpose why Purpose of the plaintiff to avoid liability, to
you file it require the conflicting claimants
(defendants) of the same subject-
matter to settle their dispute involving
the plaintiff (whose interest is not in
conflict with the claimants) between
themselves in court
Against 2 conflicting claimants of the same
whom/what subject-matter
directed
Requirement 1. There must be two or more claimants
s with adverse or conflicting interests
upon a subject-matter
2. The conflicting claims involve the
same subject-matter
3. The conflicting claims are made
against the same persons (plaintiff)
4. The plaintiff has no claim upon the
subject-matter of the adverse claims
or if he has an interest at all, such
interest is not disputed by the
claimants
How to avail File a complaint
Declaratory Relief (Rule 63)
It is an action by any person interested
in a deed, will, contract, or other
written instrument, executive order, or
resolution, to determine any question
of construction or validity arising from
the instrument, executive order, or
regulation, or statute, and for a
declaration of his rights and duties
thereunder.
The only question that is raised is the
construction or validity of provisions in
an instrument or statute
Purpose is for the court to
1. Determine any question of
construction or validity arising from the
subject-matter of the action, and
2. Seek for a declaration of the
petitioners rights thereunder
1. Deed
2. Will
3. Contract or other written instrument
4. Statute
5. Executive Order
6. Ordinance
7. Any governmental regulation
*This list is exclusive. You must also
implead persons who would be affected or
prejudiced by the declaration
1. The subject-matter of the controversy
must be a deed, will, contract or other
written instrument, statute, executive
order or regulation, or ordinance
2. The terms of said documents and the
validity thereof are doubtful and
require judicial construction
3. There must have been no breach of
the document in question
4. There must be an actual justiciable
controversy or the ripening seeds of
one between persons whose interests
are adverse
5. Issue must be ripe for adjudication
6. Adequate relief is not available
through other means or other forms of
action or proceeding
File a petition
Quo Warranto (Rule 66)
It is an action against a person who
usurps, intrudes, into, or unlawfully
holds or exercises a public office or a
public franchise
It is a prerogative writ by which the
government can call upon any person
to show by what warrant he holds a
public office or exercises a public
franchise
Purpose is contest the authority and right
of a person to a public office, position, or
franchise; or to contest the authority and
right of an association to act as a
corporation
1. Person
2. Public Officer
3. Association
Existence of any of the following grounds:
1. A person who usurps, intrudes into,
or unlawfully holds or exercises a
public office, position, or franchise
2. A public officer who does or suffer an
act which, by the provision of law,
constitutes a ground for the
forfeiture of his office
3. An association which acts as a
corporation within the Philippines
without being legally incorporated
or without lawful authority so to act
File a verified petition either in the name
of the Republic of the Philippines or
brought by an individual in his own name
 Interpleader (Rule 62)
Who can file Person who has no interest in the subject-
matter or if he has, it is not disputed by
the conflicting claimants
When to File N/A
Where to Either the MTC or RTC depending on the
File? value of the subject-matter involved
If personal property, file in the MTC if the
value is not more than P300,000 for
outside Metro Manila, not more than
P400,000 if within.
If real property, file in the MTC if the value
is not more than P20,000 for outside
Metro Manila, not more than P50,000 if
within.
In the RTC, if the subject-matter is
incapable of pecuniary estimation.
Grounds for
Dismissal
Effect of Court will issue an order to interplead
Grant (for the conflicting claimants to interplead
with one another.) In the interest of justice,
court call also require the subject-matter
be paid or delivered to the court
Declaratory Relief (Rule 63)
If subject-matter is a deed, will, contract or
other written instrument: Any person
interested therein
If subject-matter is a statute, executive
order or regulation, ordinance, or any
other governmental regulation: Person
whose rights are affected
Before a breach of the subject-matter of
the action
RTC, as expressly provided by the Rules
But, if it involves a question of
constitutionality, you can file it with the
Supreme Court under the Constitution
(Judicial Review)
Court can refuse to act on the petition:
1. Where a decision would not terminate
the uncertainty or controversy which
gave rise to the action, or
2. Where the declaration or construction
is not necessary or proper under the
circumstances
Court will issue a declaration of
construction or validity (generally there are
no affirmative reliefs granted
Quo Warranto (Rule 66)
Either:
1. Solicitor-General
2. Public Prosecutor
3. Private Person
Its commenced by the sol-gen/public
prosecutor upon a complaint or he has
good reason to believe the grounds exist,
or when he is directed by the President.
Private person can commence it in his
own name, if he is the one entitled to the
public office or position which was
usurped or unlawfully held or exercised.
If by a private person, it must be filed
within 1 year after the cause of ouster
from a public office arose, or the right of
the petition to hold such office arose
Only in the Supreme Court, Court of
Appeals, or Regional Trial Court
exercising jurisdiction over the territorial
area where the respondent or any of the
respondent resides.
But when the sol-gen commences the
action, it may be brought in a RTC in
Manila, in the CA, or SC
See Section 9-12