LEVEL FOURTEEN: SPECIAL CIVIL ACTIONS

A. INTRODUCTION
1. Why are these civil actions considered special?
2. Which court has jurisdiction over the different special civil
actions?

B. INTERPLEADER
1. When is interpleader proper?
2. Give 2 differences between an ordinary civil action and an
action for interpleader.

C. DECLARATORY RELIEF

1. Who may file an action for declaratory relief?

2. What are the reliefs sought in an action for declaratory relief?
3. When may an action for declaratory relief by filed?
4. When may the Solicitor General be notified and heard in an
action for declaratory relief?
5. When may the court refuse to act on a complaint for
declaratory relief?
6. What is the difference between the actions under Paragraph
1 and 2 of section 1 of Rule 63?
7. What will happen if an instrument subject of an action for
declaratory relief is breached during the pendency of the
case?
8. Give 2 differences between an ordinary civil action and an
action for declaratory relief.

D. PETITION FOR REVIEW

1. What is the difference between a petition for certiorari under
Rules 64 and 65?
2. Which court has jurisdiction over these actions?

E. CERTIORARI, PROHIBITION, MANDAMUS

1. Which court has jurisdiction over these actions?
2. What are the similarities among these three special civil
actions?
3. Complete the table:
SCA respondent Nature of purpose
function
1. Certiorari
2. Prohibition
3. Mandamus

3. Certiorari
a. What are the requisites of certiorari?
 b. What is meant by grave abuse of discretion?
c. What is the difference between lack of jurisdiction and
grave abuse of discretion amount to lack of
jurisdiction?
d. May a party who failed to appeal file a certiorari instead?
e. Is certiorari an appeal?

4. Prohibition
a. What is the difference between prohibition and
injunction?

5. Mandamus
a. May an action for mandamus be directed against a
judge?

F. QUO WARRANTO
1. What is the essence of quo warranto?
2. Why is a quo warranto a writ of inquiry?
3. When may the government initiate a quo warranto
proceeding?
4. Who will commence the quo warranto proceeding for
the government?
5. When is leave of court necessary for the filing of a quo
warranto case?
6. When may an individual commence an action for quo
warranto?
7. Give 2 differences between an ordinary civil action and
a quo warranto case.
8. What reliefs may the Court grant in quo warranto
cases?
9. What is the prescriptive period for a quo warranto
case? When does this not apply?
10. May a quo warranto be filed against an impeachable
officer?
11. What is the diffence between impeachment and quo
warranto?

G. EXPROPRIATION

1. What are the salient points of republic act 10752?

2. What are the salient points of RA 6657?
3. What is the owner’s remedy if his property is already being
used for public use without the necessary expropriation
proceedings?
4. What is your remedy if the just compensation is not paid?
5. What is inverse condemnation?
H. FORECLOSURE
1. Is there a right of redemption in judicial foreclosure?
2. What is the equity of redemption?
3. Is there a need to republish the notice of sale if the sale did
not proceed on the date?
4. What is the remedy if the proceeds of the foreclosure sale
is not enough to cover the loan?

I. PARTITION
1. Which Court has jurisdiction over actions for partition?
2.
J. FORCIBLE ENTRY/UNLAWFUL DETAINER
A. COMMON PROVISIONS
1. Give two differences between forcible entry and unlawful
detainer.
2. What is the nature of the judgment in these cases?
3. How may one stay the immediate execution of the
judgment in these cases?
4. May a Motion for Reconsideration be filed to assail a
judgment in Forcible Entry and Unlawful Detainer cases?
5. What are the damages that may be recovered in these
cases?

B. FORCIBLE ENTRY
1. What are the jurisdictional facts that must be alleged in
a complaint for forcible entry?
2. Define:
a. Force
b. intimidation
c. strategy
d. threat
e. stealth
3.
C. UNLAWFUL DETAINER
1. What are the jurisdictional facts that must be alleged in
a complaint for unlawful detainer?
2. What is tolerance as used in unlawful detainer?
3. If several demands to vacate are made, what will be the
reckoning point for the counting of the 1 year period for
the filing of the unlawful detainer complaint?

K. CONTEMPT
1. What is direct contempt?
2. Give 5 examples of acts that are considered as direct
contempt.
3. What is the punishment for direct contempt?
4. What is the remedy of a person who was cited in direct
contempt?
5. How may a person be cited for direct contempt?
6. What is indirect contempt?
7. What are the acts which the rules consider as indirect
contempt?
8. How may an indirect contempt proceedings be
commenced?
9. What is the penalty for indirect contempt?
10. What is the remedy of a person who was found guilty of
indirect contempt?
11. What is civil contempt?
12. What is criminal contempt?