Honrales Mateo Reviewer Special Civil Actions

SPECIAL CIVIL ACTIONS
Atty. Senga
SPECIAL CIVIL ACTIONS certiorari. Prohibition,
and mandamus)
Special Civil Actions As to How Initiated
Some special civil
Initiated through the
Civil Action – one by which a party sues another for filing of a ‘complaint’
actions are initiated by
the enforcement or protection of a right, or the ‘petitions’
prevention or redress of a wrong.
→ It may be ordinary civil action or special civil Different Kinds of Special Civil Actions
action SPECIAL CIVIL COMPLAINT PETITION
→ Governed by rules of ordinary civil actions, ACTION
subject to the specific rules prescribed for a Interpleader X
special civil action Declaratory Relief X
and Similar
Special Civil Actions – kind of action which are Remedies
governed by its own special rules (Rule 62-71), and Review of X
such other actions as may be declared by the Supreme Judgments and Final
Court Orders or
Resolutions of
Nature of a Special Action COMELEC and COA
Action which has reference to special matters requiring Certiorari, X
special procedure Prohibition, and
Mandamus
ORDINARY CIVIL SPECIAL CIVIL Quo Warranto X
ACTIONS ACTIONS Expropriation X
As to Governing Law Foreclosure of REM X
Ordinary rules subject Partition X
Ordinary rules to specific rules Forcible Entry and X
prescribed Unlawful Detainer
As to Nature Contempt X
Formal demand of one’s
legal rights in the courts Special features not Venue
of justice in the manner found in ordinary civil General Rule: Special Civil Actions are governed by
prescribed by the court actions the general rules on venue.
or by law
As to Requirement of a Cause of Action Exception: As indicated in the particular rule for said
Concept of cause of special civil action
Must be based on a action in an ordinary
cause of action, which action does not always Jurisdiction
means that the fit in a special civil Special Civil Actions within the jurisdiction of inferior
defendant has violated action courts:
the plaintiff’s rights (1) Interpleader (amount involved within its
(ie: interpleader) jurisdiction)
As to Determination of Venue (2) Contempt
Dichotonomy does not (3) Ejectment Suits
Venue is determined by always apply in a (4) Quieting of Title to Real Property (amount
the residence of the special civil action involved is within its jurisdiction)
parties when the action (5) Partition (amount involved is within its
us personal, or by (ie: venue in a petition jurisdiction)
location of the property for quo warranto may
when the action is real be where the SC or CA Jurisdiction over Complaints for Expropriation
sits) and Complaints for Foreclosure of REM
As to Where the Action is Commenced (1) Expropriation/Condemnation – an
Special civil actions expropriation suit is INCAPABLE OF
which can only be filed PECUNIARY ESTIMATION – RTC
in the MTC
(ie: forcible entry and (2) Foreclosure of REM:
May be filed initially
UD)
either MTC or RTC
1st View 2nd View 3rd View
there are also those As to legal basis
which cannot be BP 129 Russel v Vestil Barrido v
commenced in MTC (ie: Nonato
Honrales & Mateo (2019) 1

SPECIAL CIVIL ACTIONS
Atty. Senga
As to View on Jurisdiction
MTC has SC held that SC held that
exclusive examples of the MTC also
original action has jurisdiction
jurisdiction in incapable of to take
all civil actions pecuniary cognizance of
which involve estimation is real actions or
title to or foreclosure of those affecting
possession of mortgage title to real
real property, property, or
or any interest recovery of
therein, possession, or
depending on for the partition
the assessed or
value expropriation
of, or
Note: An foreclosure of a
action to mortgage on
foreclosure of real property.
REM may also
be considered
as an action
involving
interest in real
property,
hence a real
action
Promulgated
March 25, March 17, October 20,
1994 1999 2014
As to Issues Involved
Annulment of a Partition
Document
Note: the issue Note: it must

on Amorganda be noted that
is of specific the Fortune
performance Motors case as
cited by the
Court in
Barrido, only
dealt with the
issue of proper
venue and not
jurisdiction
Who Promulgated
Congress First Division Third Division

RULE 62 SPECIAL CIVIL ACTIONS
INTERPLEADER Atty. Senga
RULE 62 the right to be entitled to the benefits of the
performance of the obligation
INTERPLEADER
(3) When 2 or more persons claim a right to
collect from a debtor who admits his liability
Section 1. When Interpleader Proper
but is uncertain as to who among several
Whenever conflicting claims upon the same subject
claimants is entitled to payment
matter are or may be made against a person who claims
no interest whatever in the subject matter, or an He then deposits the amount owed to the court and
interest which in whole or in part is not disputed by the prays that the claimants litigate their dispute
claimants, he may bring an action against the conflicting between or among themselves.
claimants to compel them to interplead and litigate their
several claims among themselves. In effect, THE PLAINTIFF, in the filing of the action,
ASKS FROM THE COURT THAT HE BE DISMISSED
Interpleader – special civil remedy whereby a person, FROM THE SUIT AND BE RELIEVED OF ANY
who has PROPERTY IN HIS POSSESSION or an LIABILITY ARISING FROM THE SUBJECT MATTER
OBLIGATION TO PERFORM, either wholly or partially, OF THE INTERPLEADER.
but who claims no interest in the subject, or whose
interest, in whole or in part, is not disputed by others, Illustrations:
goes to court and asks that the CONFLICTING ✓ Interpleader is proper when the LESSEE does not
CLAIMANTS TO the PROPERTY OR OBLIGATION be know the person entitled to the payment of the
required to litigate among themselves in order to rentals due because of conflicting claims on the
determine finally who is entitled to the same. property.
✓ WAREHOUSEMAN who has custody of goods
BREACH OF UNDERTAKINGS made by defendants claimed to be owned by two or more persons who
which issues should be resolved in an ORDINARY do not have the same interests. The
CIVIL ACTIONS FOR SPECIFIC PERFORMANCE OR warehouseman should file for an interpleader
OTHER RELIEFS because where he delivers the goods to one who
is not in fact entitled to possession, the
Requisites of Interpleader (TSAI): warehouseman shall be liable for conversion. He
(1) There must be 2 OR MORE CLAIMANTS with may also be sued if he refuses to deliver the
adverse or conflicting interests goods.
(2) The conflicting claims involve the SAME ✓ An INSURER may also file a complaint for
SUBJECT MATTER interpleader when confronted by conflicting claims
(3) Conflicting claims are made against the on the proceeds of an insurance policy.
SAME PERSON (PLAINTIFF), and
(4) The PLAINTIFF HAS NO CLAim upon the Purpose of Remedy
subject matter of the adverse claims or IF HE An action of interpleader is afforded to protect a person
HAS AN INTEREST AT ALL, SUCH not against double liability but against double
INTEREST IS NOT DISPUTED BY THE vexation in respect of one’s liability.
CLAIMANTS
How Commenced
➢ If the element of conflicting claim and same By filing a COMPLAINT.
subject matter is absent, the action is subject to
a motion to dismiss on the ground of impropriety Who files the complaint
by the person against whom the conflicting claims are
Note: No cause of action on the part of the PLAINTIFF, made, and claims no interest whatever in the subject
ONLY A THREAT OF A CAUSE OF ACTION. matter, or an interest which in whole or in part is not
disputed by the claimants
Examples on when it arises:
(1) Where a person has property in his custody When to file the complaint
over which he himself asserts no interest, but General Rule: filed WITHIN A REASONABLE TIME
several persons claims a right to the property AFTER A DISPUTE HAS ARISEN without waiting to be
(2) One who has an obligation to perform an act sued by either of the contending claimants.
is confronted with conflicting claims asserting

Otherwise, it may be barred by laches or undue delay. Venue
The reason is after judgment is obtained against the Personal Venue lies in the residence of the plaintiff
plaintiff by one claimant, he is already liable to the Property or defendant at the election of the
latter. plaintiff
Real Venue lies where the property is located
Exception: where the stakeholder acts with Property or any portion thereof is situated
reasonable diligence in view of environmental
circumstances, the remedy is not barred SECTION 2. ORDER
Upon the filing of the complaint, the court shall issue an
Jurisdiction order requiring the conflicting claimants to interplead
MTC If the VALUE OF THE PERSONAL with one another.
PROPERTY:
does not exceed P300,000 outside MM, or
If the interests of justice so require, the court may direct
P400,000 within MM
in such order that the subject matter be paid or
delivered to the court.
If the ASSESSED VALUE OF THE REAL
PROPERTY:
Note: an order of the trial court requiring the parties to
does not exceed P20,000 outside MM, or
file their answer is to all intents and purposes an
P50,000 within MM
ORDER TO INTERPLEAD
RTC If the VALUE OF THE PERSONAL
PROPERTY:
The order shall be issued upon the filing of the
exceeds P300,000 outside MM, or
complaint.
P400,000 within MM
Order shall:
If the ASSESSED VALUE OF THE REAL
(1) REQUIRING the conflicting claimants to
PROPERTY:
interplead with one another.
exceeds P20,000 outside MM, or P50,000
(2) may include a DIRECTION that the subject
within MM
matter of the action be paid or delivered to the
court, if the interest of justice so requires
If the subject matter is EXCLUSIVELY
within the jurisdiction of the RTC
SECTION 3. SUMMONS
If the subject matter subject to interpleader Summons shall be served upon the conflicting
is one INCAPABLE OF PECUNIARY claimants, together with a copy of the complaint and
ESTIMATION (like the performance of an order.
obligation)
SECTION 4. MOTION TO DISMISS
Note: Interpleader is a SCA which can be filed with the Within the time for filing an answer, each claimant may
inferior courts. file a motion to dismiss on the ground of impropriety of
the interpleader action or on other appropriate grounds
However, INFERIOR COURTS WOULD NOT HAVE specified in Rule 16. The period to file the answer shall
JURISDICTION OVER an interpleader case for the: be tolled and if the motion is denied, the movant may file
(1) recovery of title to real property or his answer within the remaining period, but which shall
(2) actions for specific performance,
not be less than five (5) days in any event, reckoned
(3) annulment or rescission of contracts and
from notice of denial.
(4) other actions within the exclusive original
jurisdiction of the RTC
When: Each claimant may file a motion to dismiss
within 15 days provided for filing the answer.
Grounds:
(1) impropriety of the interpleader action, or

(2) the grounds for dismissal under Rule 161 ON MOTION, the Court may DECLARE HIM IN
DEFAULT and thereafter render judgment BARRING
Effect of Filing of Motion to Dismiss HIM FROM ANY CLAIM IN RESPECT TO THE
PERIOD TO FILE THE ANSWER SHALL BE TOLLED; SUBJECT MATTER
and
IF THE MOTION IS DENIED, the movant may file his NOTE: Court is not authorized to declare him in default,
answer within the remaining period, but not less motu proprio. Any declaration requires a prior motion
than 5 days in any event, reckoned from the notice of to that effect
denial.
Likewise, it is not mandatory on the part of the court to
Impropriety of the Interpleader Action declare a default.
NO CONFLICTING CLAIMS AMONG THE
DEFENDANTS, the complaint for interpleader may be Parties in an interpleader action may file counterclaims,
dismissed based on IMPROPRIETY OF THE cross claims, third party complaints and responsive
INTERPLEADER ACTION, and not on failure to state pleadings thereto, as provided by these Rules.
a cause of action because the meaning of a cause of
action in ordinary civil actions does not exactly apply to Also the parties are expressly authorized to file
an interpleader. additional pleadings and claims enumerated therein, in
the interest of a complete adjudication of the
SECTION 5. ANSWER AND OTHER PLEADINGS controversy and its incidents.
Each claimant shall file his answer setting forth his
claim within fifteen (15) days from service of the Consequence of a Declaration of Default
summons upon him, serving a copy thereof upon each The court may render judgment BARRING HIM FROM
of the other conflicting claimants who may file their ANY CLAIM IN RESPECT TO THE SUBJECT
reply thereto as provided by these Rules. If any claimant MATTER
fails to plead within the time herein fixed, the court may,
The rules would not have allowed claimants in
on motion, declare him in default and thereafter render
interpleader cases to be declared in default if it would
judgment barring him from any claim in respect to the
ironically defeat the very purpose of the suit.
subject matter.
A defendant may file a counterclaim for interpleader
The parties in an interpleader action may file
against the plaintiff and a 3rd party also claiming the
counterclaims, cross-claims, third-party complaints subject matter of the suit.
and responsive pleadings thereto, as provided by these
Rules. The conflicting claimants, who are co-defendants in the
action must serve copies of their answers not only on
Each claimant shall file his answer setting forth his the plaintiff but also upon their co-defendants since the
claim: controversy actually exists among the co-defendants.
(1) within 15 days from service of the summons
upon him, or DOCKET FEES on the conflicting claims are PAID BY
(2) within the remaining period, but not less than THE CONFLICTING CLAIMANTS THEMSELVES, not
5 days reckoned from the notice of denial one who initiated the interpleader suit.
Effect when a claimant fails to plead within the Filing of a reply is not mandatory, even in ordinary civil
time fixed action because even if reply is not filed, all the new
1 (f) That the cause of action is barred by a prior judgment or by the statute of
Rule 16, Section 1. Grounds. Within the time for but before filing the
answer to the complaint or pleading asserting a claim, a motion to dismiss limitations;
may be made on any of the following grounds: (g) That the pleading asserting the claim states no cause of action;
(a) That the court has no jurisdiction over the person of the defending party; (h) That the claim or demand set forth in the plaintiff's pleading has been
(b) That the court has no jurisdiction over the subject matter of the claim; paid, waived, abandoned, or otherwise extinguished;
(c) That venue is improperly laid; (i) That the claim on which the action is founded is unenforceable under the
(d) That the plaintiff has no legal capacity to sue; provisions of the statute of frauds; and
(e) That there is another action pending between the same parties for the (j) That a condition precedent for filing the claim has not been complied with.
same cause;

matters alleged in the answer are nevertheless, Interpleader v.Intervention
deemed controverted or denied. INTERPLEADER INTERVENTION
As to its Nature
SECTION 6. DETERMINATION Special civil action, An ancillary action, not
After the pleadings of the conflicting claimants have independent, original original, depends upon
been filed, and pre-trial has been conducted in action existence of a pending
accordance with the Rules, the court shall proceed to action
determine their respective rights and adjudicate their As to How it is Commenced or Initiated
several claims. Commenced by the Commenced by a
filing of a COMPLAINT MOTION TO
The COURT, IN A COMPLAINT FOR INTERVENE filed in a
INTERPLEADER, SHALL DETERMINE THE RIGHTS pending case
AND OBLIGATIONS OF THE PARTIES AND As to Where Filed
ADJUDICATE THEIR SEVERAL CLAIMS. Such rights, RTC or MTC Filed where the original
obligations, and claims could only be adjudicated if put Depending on the action is pending
forward by the aggrieved party in assertion of his rights. nature of the property
and its assessed value
Determination is only after: As to its Propriety
(1) the pleadings of the conflicting claimants have presupposes that Movant
been filed, and plaintiff has no interest has:
(2) pre-trial is conducted in the subject matter of (1) a legal interest in
the action or has the matter in
Section 7. Docket and Other Lawful Fees, Costs interest therein in whole litigation, or
and Litigation Expenses as Liens or in part which is not (2) interest in the
The docket and other lawful fees paid by the party who disputed by the other success of either of
filed a complaint under this Rule, as well as the costs parties the parties, or
and litigation expenses, shall constitute a lien or charge (3) interest against
Defendants both,
upon the subject matter of the action, unless the court
are being sued (4) is so situated as to
shall order otherwise.
precisely to implead be adversely
them affected by a
Payment of the Docket Fees
distribution of other
Person who files the complaint pays the docket and
disposition of
other lawful fees and shall bear the costs and other
property in the
litigation expenses.
custody of the
court or of an
The docket and other lawful fees paid by the party who
officer thereof
filed a complaint under this Rule, as well as the costs
and litigation expenses shall constitute a lien or charge
Defendant
upon the subject matter of the action, unless the court
Original parties to a
orders otherwise.
pending suit
The court determines only the issue of who has a better

right among the conflicting claimants.

DECLARATORY RELIEF AND SIMILAR REMEDIES Atty. Senga
RULE 63 Ordinary Action v. Petition for Declaratory Relief
DECLARATORY RELIEF AND SIMILAR ORDINARY PETITION FOR DECLARATORY
ACTION RELIEF
REMEDIES
As to availability of a Writ of Execution
No
2 Types of Actions under Rule 63
DECLARATORY RELIEF
Since the objective is merely for
an action by any person interested in a:
Yes interpretation or a definitive
(1) Deed
pronouncement of rights under a
(2) Will
law, rule, or order, this there is
(3) Contract
nothing to execute.
(4) Or other written instrument
As to breach of rights
(5) Statute
There is a None
(6) Executive order or resolution
breach or
To determine any question of CONSTRUCTION or
violation of
VALIDITY arising from the instrument, EO or
right
regulation, or statue; and for the declaration of his
Grounds for Motion to Dismiss
rights and duties thereunder.
Additional grounds for MD, Rule
→ DISCRETIONARY
63, Sec. 5:
(1) Where a decision would not
SIMILAR REMEDIES
Rule 16 and terminate the uncertainty or
(1) Action for reformation of an instrument
17 controversy, or
(2) Action for quieting of title to real property or
(2) Where the declaration is not
remove clouds therefrom
necessary and proper under
(3) Action for consolidation of ownership
the circumstances
→ MANDATORY
As a rule, an action must be justified, as no other DECLARATORY RELIEF

adequate relief or remedy is available under the SECTION 1. WHO MAY FILE PETITION
circumstances. Any person interested under a deed, will, contract or
other written instrument, whose rights are affected by
Jurisdiction: a statute, executive order or regulation, ordinance, or
• Action for Quieting of Title = based on assessed any other governmental regulation may, before breach
value or violation thereof, bring an action in the appropriate
• Everything else = RTC = incapable of pecuniary Regional Trial Court to determine any question of
estimation construction or validity arising, and for a declaration of
his rights or duties, thereunder.
Subject matter: exclusively enumerated; must not
have been breached or violated since the concept of
An action for the reformation of an instrument, to quiet
cause of action does not apply to declaratory relied
title to real property or remove clouds therefrom, or to
Only issue raised in such petition: question of consolidate ownership under Article 1607 of the Civil
construction or validity of provisions in an instrument or Code, may be brought under this Rule.
statute.
Plaintiff
Relief: a declaration of the petitioner’s rights and duties • any person interested under a deed, will,
thereunder contract or other written instrument; or
• whose rights are affected by a statute, EO, or
Judgment: stands by itself, and no executory process regulation, ordinance, or any other
that will follow governmental regulation
Purpose of Declaratory Relief

To secure an authoritative statement of the rights and
obligations of the parties under a statue, deed,

contract, etc. for their guidance in its enforcement or → It is one which is definite and concrete,
compliance and not to settle issues arising from its touching on the legal relations of parties
alleged breach. having adverse legal interests.
→ The pleadings must show an active
to ask the court to determine any question of antagonistic assertion of a legal right, on one
construction or validity arising from the subject matter, hand, and a denial thereof, on the other.
and for the declaration of rights and duties. → A person who impugns the validity of a statute
must have a personal and substantial interest
To seek for a JUDICIAL INTERPRETATION OF AN in the case such that he has sustained or will
INSTRUMENT or for a JUDICIAL DECLARATION OF sustain, direct injury as a result of its
A PERSON’S RIGHTS UNDER A STATUTE and not enforcement.
to ask for affirmative reliefs like injunction, damages or
any other relief beyond the purpose of the petition as Requisites of Justiciability
declared under the Rules. (1) There be an actual controversy between or among
the parties to the dispute
Petition for Declaratory Relief may be treated as (2) That the interests of the parties are adverse
one for Prohibition or Mandamus (3) That the matter in controversy to be capable of
(1) if it has far-reaching implications and raises being adjudicated by judicial power
questions that need to be resolved. (4) That the determination of the controversy will
(2) when a grave injustice would result in the result in the practical relied to the complainant
interpretation of a banking law (Gamboa v
Teves) Ripeness of Issue
An issue is ripe for judicial determination when:
Requisites for Declaratory Relief:
(1) Litigation is inevitable, or
(1) The subject matter of the controversy must be
(2) Administrative remedies have been exhausted
a deed, will, contact or other written
instrument, statute, EO, or regulation, or
NB: to be ripe for judicial determination or to constitute
ordinance
the ripening seeds of a controversy, it must appear
(2) There must be an actual justiciable
that, under the facts of the case there is a
controversy or the ripening seeds of one
THREATENED LITIGATION IN THE IMMEDIATE
between persons whose interests are adverse
FUTURE, which LITIGATION IS IMMINENT AND
(3) There must be no breach of the documents in
INEVITABLE unless prevented by the declaratory relief
question
sought.
NB: where the law or contact has already been

Subject Matter
contravened prior to the filing of an action for
I. PRIVATE ACTS
declaratory relief, the courts can no longer
(a) Deed
assume jurisdiction over the action. Because:
(b) Will
a. COA accrued
(c) Contract
b. Nothing more to explain or clarify
(d) Or other written instrument
Remedy: appropriate ordinary civil action
II. Public Acts
(4) The terms of said documents and the validity
(a) Statute
are doubtful and require judicial construction
(b) Executive order or resolution
(5) Issues must be ripe for judicial determination
→ NOTE: since the issuance of an EO is not
(6) Adequate relief is not available through other
judicial, quasi-judicial, or mandatory act,
means or other forms of action or proceeding
a petition for certiorari or prohibition is an
(all administrative remedies have been
incorrect remedy; instead a petition for
exhausted)
declaratory relief filed with the RTC is the
proper recourse to assail its validity
A justifiable controversy refers to an existing case or
(c) Ordinance
controversy that is appropriate or ripe for judicial
(d) Other governmental regulation
determination, not one that is conjectural or merely
anticipatory.
Enumeration is EXCLUSIVE.

→ Action not based on any enumerated cannot mistake in the the documents in
be the proper subject of declaratory relief. dispositive portion question
→ Expression unius est exclusio alterius (4) The terms of said
and the validity
May a Court Decision be Subject of Petition for thereof are doubtful
Declaratory Relief? and require judicial
No, if a party is not agreeable to a decision then he can construction
file an MR or Motion for New Trial in order for the (5) Issue must be ripe
defect to be corrected. for judicial
determination as, for
But the fundamental reason rests in res judicata which example, where all
stamps the mark of finality on a case which has been administrative
fully and definitely litigated in court. A judgment remedies have been
presents evidence of the facts of so high a nature that exhausted; and
nothing which could be proved by evidence aliunde (6) Adequate relief is not
would be sufficient to overcome it. available through
other means or other
Is a Petition for Declaratory Relief Proper when a forms of action or
Court Decision is Ambiguous? proceeding
No, motion for clarificatory judgment. As to Effect
Terminates
CLARIFICATORY JUDGMENT V DECLARATORY uncertainties in an
RELIEF; INTERPLEADER V.INTERVENTION instrument or statute
CLARIFICATORY DECLARATORY and the judgment of the
JUDGMENT RELIEF Supersedes the original court cannot extend
As to Purpose judgment beyond a declaration of
the rights and duties of
The purpose of the
the parties to the action
action is to secure an
and cannot provide
authoritative statement
corrective reliefs
of the rights and
To remove ambiguity in As to Execution
obligations of the
a judgment; Executed according to
parties under a statue, No executory process
enlightenment as to the ROC
deed, contract, etc. for
true import of a
their guidance in its
judgment SECTION 2. PARTIES
enforcement or
compliance and not to All persons who have or claim any interest which would
settle issues arising be affected by the declaration shall be made parties;
from its alleged breach and no declaration shall, except as otherwise provided
Requisites in these Rules, prejudice the rights of persons not
(1) A motion is filed for (1) The subject matter of parties to the action.
the clarification of a the controversy must
judgment be a deed, will, (1) A person:
(2) What is involved is contract, or other a. Who is interested under a deed, will, contract,
a clerical error, or written instrument, or other written instrument, or
not a correction of statute, EO, or b. Whose rights will be affected by a statute, EO
an erroneous regulation, or or regulation, ordinance or other government
judgment, or ordinance regulation, and
dispositive portion (2) There must be an (2) All persons who have or claim any interest which
of the Decision actual justiciable would be affected by the declaration
(3) There is an controversy
ambiguity caused (3) There must have A declaration shall not prejudice the rights of persons
by an omission or been no breach of not parties to the action except as otherwise provided in
the Rules.

→ Therefore, failure to implead such persons will SECTION 5. COURT ACTION DISCRETIONARY
not affect the jurisdiction of the court over the Except in actions falling under the second paragraph of
petition section 1 of this Rule, the court, motu proprio or upon
motion, may refuse to exercise the power to declare
Purpose of Section 2 rights and to construe instruments in any case where a
FAILURE TO JOIN ALL THE NECESSARY PARTIES decision would not terminate the uncertainty or
would deprive the declaration of the final and pacifying controversy which gave rise to the action, or in any case
function the action for declaratory relief is calculated to
where the declaration or construction is not necessary
sub serve, as they WOULD NOT BE BOUND BY THE
and proper under the circumstances.
DECLARATION AND MAY RAISE THE IDENTICAL
ISSUE.
Court has discretion, motu proprio or upon motion, to
refuse to grant Declaratory Relief when:
Non-joinder of necessary parties is not a jurisdictional
(1) Decision will not terminate the controversy or
defect. It may be a ground for dismissal under Rule 63.
uncertainty giving rise to the action, or
(2) The declaration or construction is not
If the action involves the validity of a LOCAL
necessary and proper under the
GOVERNMENT ORDINANCE:
circumstances
→ Corresponding prosecutor or attorney of LGU
shall be notified and entitled to be heard
Note: above action by court is tantamount to a
DISMISSAL
If the ordinance is alleged to be
UNCONSTITUTIONAL:
Exception: this provision does not apply in actions
→ Solicitor General shall be notified and entitled
falling under 2nd par of Rule 63 because in actions for
to be heard
reformation of instrument, quieting of title and
consolidation of ownership, the court is bound to
If the action involves the validity of the STATUTE,
render a decision.
EO OR REGULATION OR ANY OTHER
GOVERNMENTAL REGULATION:
Procedural Distinction bet. a Petition for
→ Solicitor General shall be notified and entitled
Declaratory Relief and Other Similar Remedies
to be heard
REMEDY ACTION BY THE COURT
Petition for Court may refuse to exercise the
SECTION 3. NOTICE ON SOLICITOR GENERAL Declaratory power to declare rights and to
In any action which involves the validity of a statute, Relief construe instruments, when any of
executive order or regulation, or any other the grounds enumerated in Rule
governmental regulation, the Solicitor General shall be 63, Sec. 5 are present
notified by the party assailing the same and shall be
entitled to be heard upon such question. DISCRETIONARY
Actions similar The Court is bound to render
Solicitor General shall be notified by the party assailing to a Petition for judgment
the validity of and shall be entitled to be heard upon Declaratory
such question in any action involving the validity of: Relief MANDATORY
(1) Statute
(2) EO or regulation SECTION 6. CONVERSION INTO ORDINARY
(3) Any other governmental regulation ACTION
If before the final termination of the case, a breach or
SECTION 4. LOCAL GOVERNMENT ORDINANCES violation of an instrument or a statute, executive order
In any action involving the validity of a local government or regulation, ordinance, or any other governmental
ordinance, the corresponding prosecutor or attorney of regulation should take place, the action may thereupon
the local governmental unit involved shall be similarly be converted into an ordinary action, and the parties
notified and entitled to be heard. If such ordinance is shall be allowed to file such pleadings as may be
alleged to be unconstitutional, the Solicitor General necessary or proper.
shall also be notified and entitled to be heard.

When conversion proper: No Executory process as in ordinary civil actions
If before the final termination of the case, A BREACH (No Writ of Execution)
OR VIOLATION OF THE INSTRUMENT OR General Rule: In SCA for declaratory relief, the
STATUTE OCCURS, then the same may be judgment does not essentially entail an executory
CONVERTED INTO AN ORDINARY ACTION, and the process since generally, other than a declaration of
parties shall be allowed to file such necessary or such rights and duties, as these are understood in
proper. ordinary civil actions, are not sought by the proponent.
The law does not require that there shall be an actual NB: judgment in a petition for declaratory relief can be
pending case. It is sufficient that there is a breach of carried into effect w/o requiring the parties to pay
the law, an actionable violation to bar a complaint for damages or perform any act. BUT all that the petitioner
declaratory relief. prayed for is for the court to uphold the validity of its titles
as against respondent (Phil-Ville v. Bonifacio)
When Petition for Declaratory Relief is Improper
(1) Action to obtain judicial declaration of citizenship Exception: However, the court can grant such other
(2) Action to establish illegitimate filiation and actions affirmative relief as may be warranted by the evidence if
to determine hereditary rights the complaint is sufficient to make out a case for
(3) Where the terms of the assailed ordinances are specific performance or recovery of property with
not ambiguous or of doubtful meaning claims for damages and the defendants did not raise
(4) The subject of an action is a court decision such issue in the trial court to challenge the remedy
(5) Action to resolve a political issue or question availed of. The court can grant such affirmative relief
(6) Those determinative of the issues rather than a as may be warranted by the evidence.
construction of definite status, rights and relations
(7) Where the contract or statute on which action is SIMILAR REMEDIES
based has been breached
(8) Action is merely to seek advisory opinion from the
(1) Reformation of an instrument – reformation of an
court in a moot question
instrument evidencing the contract
(9) When the petition is based on the happening of a
contingent event
Examples:
(10) When petitioner is not the real party-in-interest
→ Mutual mistake of the parties causes the failure of
(11) Where administrative remedies have not yet been
the instrument to disclose their real agreement
exhausted
instrument may be reformed (Art. 1361, NCC)
→ If it does not express the true intention of the
Third Party Complaint, Not allowed
parties because of lack of skill of the person
In a third-party complaint, the third party plaintiff is
drafting the instrument (Art. 1364, NCC)
supposed to seek contribution, indemnity, subrogation
→ If the parties agree upon the mortgage or pledge
or any other relief from the third party defendant in
of property, but the instrument states that the
respect of the claim of the plaintiff against him.
property is sold absolutely or with a right of
repurchase, reformation of the instrument is
This cannot be granted because in a declaratory relief
proper (Art. 1365, NCC)
proceeding, the court is merely to the interpretation of
the terms of a contract and will not grant affirmative
Reformation of the instrument cannot be brought
reliefs.
for any of the ff:
(a) Simple donations inter vivos wherein no
Compulsory Counterclaim, Allowed
condition is imposed
There is NOTHING IN THE NATURE OF SCA FOR
(b) Wills, or
DECLARATORY RELIEF THAT PROSCRIBES THE
(c) When the real agreement is void
FILING OF A COUNTERCLAIM based on the same
transaction, deed or contract subject of the complaint.
(2) Action to Quiet Title to Real Property or Remove
Clouds – this action brought to remove a cloud on
Only requirement is that the subject matter of the
title caused by any:
counterclaim be connected with the subject matter of
(a) Proceeding
the action and must, of course, arise out of the same
(b) Record
transaction.
(c) Instrument

(d) Claim, or Jurisidiction; Where to File
(e) Encumbrance which appears to be valid and General Rule:
effective Petition for Declaratory Relief
Action for Reformation of Instrument
But in truth the same is invalid, ineffective, voidable or Action for Consolidation of Ownership
unenforceable, and may be prejudicial to the title to the RTC - Action incapable of pecuniary estimation
real property.
Exceptions:
Quieting of title is a preventive remedy to prevent a (1) If the petition has far-reaching implications,
cloud from being cast upon title to real property or any and it raises questions that should be
interest therein. resolved, it may be treated as one for
prohibition or for mandamus, which the SC
There may also be an action to quiet title or to remove or CA may take cognizance
a cloud therefrom when the contract, instrument, or (2) Where the ACTION IS ONE FOR QUIETING
other obligation has been extinguished, terminated, or OF TITLE, the jurisdiction will depend upon
barred by extinctive prescription. the assessed value of the property
a. MTC – If the ASSESSED VALUE OF
Plaintiff need not be in possession of the real property THE REAL PROPERTY: does not
before he may bring the action as long as he can show exceed P20,000 outside MM, or
that he has a legal or equitable title to the property P50,000 within MM
which is the subject matter of the action. b. RTC - If the value is beyond that
prescribed for MTC’s jurisdiction
QUASI IN REM.
A case that is styled as a petition for certiorari but seeks
Requisites: the declaration by the Court of the unconstitutionality
(1) The plaintiff has a LEGAL OR EQUITABLE TITLE and illegality of the questioned rule, actually partakes
or interest in the real property subject of the action of one for declaratory relief, not certiorari over which
(2) That the deed, claim, encumbrance, or proceeding the SC only has appellate jurisdiction.
claimed to be casting cloud on his title must be
shown to be in fact, invalid or inoperative despite Seeks declaration of the unconstitutionality or
its prima facie appearance of validity or legal nullity of a law → declaratory relief
efficacy. Exception: petition has far-reaching implications, and
it raises questions that should be resolved, it may be
(3) Petition for Consolidation of Ownership – treated as one for prohibition or for mandamus, which
brought merely to obtain a judicial order to effect the SC or CA may take cognizance
the registration of the consolidated ownership in the
registry of property
Applicable in case of legal redemption and conventional

redemption
These 3 are similar to Declaratory Relief because

they also result in the declaration of legal rights of the
litigants, often without the need of execution to carry
the judgment into effect.

REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMELEC AND COA Atty. Senga
RULE 64 of the denial of said

REVIEW OF JUDGMENTS AND FINAL If the motion is denied, motion.
the aggrieved party may
ORDERS OR RESOLUTIONS OF THE file the petition within the
COMELEC AND COA remaining period, but
which shall not be less
“UNLESS OTHERWISE PROVIDED BY THE than 5 days in any event,
CONSTITUTION OR BY LAW, any decision, order, or reckoned from notice of
ruling of each Commission may be brought to the SC denial.
on certiorari by the aggrieved party within 30 days from As to Application of the Fresh Period Rule
receipt of a copy thereof. (Art. IX-A, Sec.7) Not applicable The fresh period rule is
applicable to Petition for
This rule does NOT apply to CSC, because of RA Certiorari under Rule 65.
7902 amending Sec. 9 of BP 129; it is now under Rule
43.
SECTION 1. SCOPE
→ Thus an appeal from the judgment, or final
This Rule shall govern the review of judgments and final
order of the CSC shall be taken to the CA
orders or resolutions of the Commission on Elections
whether the appeal involves questions of fact,
and the Commission on Audit.
of law, or mixed questions of fact and law
within 15 days from notice of the award,
The judgments, final orders, or resolution must be
judgment, final order or resolution.
issued in the exercise of the ADJUDICATORY POWER
or QUASI-JUDICIAL POWER of the:
Rule 64 v. Rule 65
(1) COMELEC En Banc ONLY
RULE 64 RULE 65
- Note: not an interlocutory issued by a
As to Scope
Division
Governs the review of Acts of a tribunal, board
(2) COA
judgments and final or officer exercising
orders or resolutions of judicial or quasi-judicial
SECTION 2. MODE OF REVIEW
the COMELEC and functions
COA A judgment or final order or resolution of the
INTERLOCUTORY Commission on Elections and the Commission on Audit
ORDERS OF may be brought by the aggrieved party to the Supreme
COMELEC AND COA Court on certiorari under Rule 65, except as hereinafter
ARE COVERED BY provided.
RULE 65.
As to Where Filed RULE 64 IS NOT REVIEWABLE BY APPEAL
Exclusively with SC May be filed in the Parties
appropriate court having Petitioner – aggrieved party
jurisdiction over the Respondents – commission concerned, and the
lower court, tribunal, person or persons interested in sustaining the
board or officer judgment, final order or resolution
As to When Filed
Within 30 days from Filed not later than 60 Court with Jurisdiction
notice of the judgment or days from notice of the Should be filed exclusively with the SUPREME COURT
final order or resolution judgment, order or
sought to be reviewed resolution NB: Rule 65 is an INDEPENDENT CIVIL ACTION, not
As to Effect of filing a Motion for New Trial or a mode of appeal.
Reconsideration
The filing of a MNT or MR or MNT is timely The phrase “except as hereinafter provided” specifies
MR, if allowed under the filed, whether such that any petition for certiorari filed under this rule
procedural rules of the motion is required or not, follows the same requisites as those of Rule 65 except
Commission concerned, the 60 day period shall for certain provisions found only in Rule 64. One of
shall interrupt the be counted from notice these provisions concerns the time given to file the
abovementioned period petition.

SECTION 4. DOCKET AND OTHER LAWFUL FEES

Issue Raised Upon the filing of the petition, the PETITIONER shall pay
THE PETITIONER must anchor the petition on to the clerk of court the docket and other lawful fees and
JURISDICTIONAL GROUNDS --- THAT THE deposit the amount of P500.00 for costs.
COMMISSION ACTED WITHOUT OR IN EXCESS OF
JURISDICTION OR WITH GRAVE ABUSE OF
SECTION 5. FORMS AND CONTENTS OF
DISCRETION AMOUNTING TO LACK OR EXCESS
PETITION
OF JURISDICTION.
The petition shall be verified and filed in eighteen (18)
legible copies. The petition shall name the aggrieved
 NOT mere errors of judgment
party as petitioner and shall join as respondents the
Grave abuse of discretion – is an evasion of a Commission concerned and the person or persons
positive duty or a virtual refusal to perform a duty interested in sustaining the judgment, final order or
enjoined by law or to act in contemplation of law as resolution a quo. The petition shall state the facts with
when the judgment rendered is not based on law and certainty, present clearly the issues involved, set forth
evidence but on caprice, whim and despotism. the grounds and brief arguments relied upon for review,
and pray for judgment annulling or modifying the
SECTION 3. TIME TO FILE PETITION questioned judgment, final order or resolution. Findings
The petition shall be filed within thirty (30) days from of fact of the Commission supported by substantial
notice of the judgment or final order or resolution evidence shall be final and non-reviewable.
sought to be reviewed. The filing of a motion for new trial
or reconsideration of said judgment or final order or The petition shall be accompanied by a clearly legible
resolution, if allowed under the procedural rules of the duplicate original or certified true copy of the judgment,
Commission concerned, shall interrupt the period final order or resolution subject thereof, together with
herein fixed. If the motion is denied, the aggrieved party certified true copies of such material portions of the
may file the petition within the remaining period, but record as are referred to therein and other documents
which shall not be less than five (5) days in any event, relevant and pertinent thereto. The requisite number of
reckoned from notice of denial. copies of the petition shall contain plain copies of all
documents attached to the original copy of said petition.
30 days from NOTICE OF JUDGMENT, FINAL,
ORDER OR RESOLUTION sought to be reviewed. The petition shall state the specific material dates
showing that it was filed within the period fixed herein,
IF Motion for Reconsideration is denied, the petition and shall contain a sworn certification against forum
must be filed within the remaining period, but which shopping as provided in the third paragraph of section 3,
shall not be less than 5 days in any event, reckoned Rule 46.
from the NOTICE OF DENIAL OF THE MR.
The petition shall further be accompanied by proof of
 fresh period rule not applicable. service of a copy thereof on the Commission concerned
and on the adverse party, and of the timely payment of
Motion for Reconsideration as a pre-requisite: docket and other lawful fees.
General Rule: failure to file a motion for
reconsideration before the issuing forum results in the The failure of petitioner to comply with any of the
dismissal of the petition foregoing requirements shall be sufficient ground for
the dismissal of the petition.
Exceptions:
(1) To prevent a miscarriage of justice
(1) The petition shall:
(2) Need for relief is extremely urgent and certiorari
(a) Be VERIFIED petition in 18 legible copies
is the only adequate remedy
Note: the number of copies shall contain
(3) Decision or resolution is a nullity
plain copies of all documents attached to the
(4) When the issue involves the principle of social
original copy of said petition
justice or the protection of labor
(b) Name the aggrieved party as petitioner and
the Commission concerned and the person or
persons interested in sustaining the

judgment, final order or resolution a quo as petition outright. The Court may also dismiss the
respondents petition if it was filed manifestly for delay, or the
(c) state the facts with certainty, questions raised are too unsubstantial to warrant
(d) present clearly the issues involved, further proceedings.
(e) set forth the grounds and brief arguments
relied upon for review, and If the Supreme Court finds the petition SUFFICIENT IN
(f) state the prayer for judgment annulling or FORM AND SUBSTANCE, it shall order the
modifying the questioned judgment, final respondents to file their comments on the petition
order or resolution within ten (10) days from notice thereof;
(g) state the specific Material dates showing that
it was filed within the period fixed herein, and otherwise, the Court may dismiss the petition outright.
(h) contain a sworn certification against forum
shopping The Court may also DISMISS the petition if the
petition:
(2) The petition shall be accompanied by: (1) Is not sufficient in form and substance
(a) a clearly legible duplicate original or certified (2) filed manifestly for delay, or
true copy of the judgment, final order or (3) the questions raised are too unsubstantial to
resolution subject thereof warrant further proceedings.
NB: Findings of fact of the Commission The ORDER TO COMMENT under RULE 64, Sec 6 in
supported by substantial evidence shall be case the SC finds the petition sufficient in form and
final and non-reviewable. substance is equivalent to SUMMONS in ordinary civil
action.
(b) certified true copies of such material portions → However, defendant who did not file his
of the record as are referred to therein and comment cannot be declared in default.
other documents relevant and pertinent
thereto.
SECTION 7. COMMENTS OF RESPONDENTS
(c) proof of service of a copy thereof on the
The comments of the respondents shall be filed in
Commission concerned and on the adverse
eighteen (18) legible copies. The original shall be
party, and of the timely payment of docket and
accompanied by certified true copies of such material
other lawful fees
portions of the record as are referred to therein
NB: failure to comply with ANY of the requirements together with other supporting papers. The requisite
shall be a GROUND FOR DISMISSAL of the petition. number of copies of the comments shall contain plain
copies of all documents attached to the original and a
Efficient Use of Paper Rule copy thereof shall be served on the petitioner.
Unless otherwise directed by the Court, the number of
SC bound paper shall be as follows: No other pleading may be filed by any party unless
1. 1 ORIGINAL (properly marked) and 4 COPIES, required or allowed by the Court.
unless the case is referred to the Court En
Banc, in which event, the parties shall file 10 Form of Comments
additional copies (1) filed in eighteen (18) legible
2. 2 SETS OF ANNEXES, one attached to the
original, and the other to the copy, for the En (2) The original shall be accompanied by certified
Banc or for the Division, and true copies of such material portions of the record
3. All members of the Court shall share the extra as are referred to therein together with other
copies of annexes in the interest of economy of supporting papers.
paper. (3) No other pleading may be filed by any party
unless required or allowed by the Court.
SECTION 6. ORDER TO COMMENT
If the Supreme Court finds the petition sufficient in form No other pleading may be filed by any party unless
and substance, it shall order the respondents to file required or allowed by the Court.
their comments on the petition within ten (10) days from
notice thereof; otherwise, the Court may dismiss the

SECTION 8. EFFECT OF FILING

The filing of a petition for certiorari shall not stay the
execution of the judgment or final order or resolution
sought to be reviewed, unless the Supreme Court shall
direct otherwise upon such terms as it may deem just.
General Rule: The filing of a petition for certiorari shall

NOT STAY the execution of the judgment or final order
or resolution sought to be reviewed
Exception: unless the Supreme Court shall direct

otherwise upon such terms as it may deem just. The
petitioner may apply for a TRO or a WRIT OF
PRELIMINARY INJUNCTION from the SC to stay
execution or final order or resolution sought to be
reviewed.
SECTION 9. SUBMISSION FOR DECISION

Unless the Court sets the case for oral argument, or
requires the parties to submit memoranda, the case
shall be deemed submitted for decision upon the filing
of the comments on the petition, or of such other
pleadings or papers as may be required or allowed, or
the expiration of the period to do so.

Rule 65 SPECIAL CIVIL ACTIONS
Certiorari, Prohibition and Mandamus Atty. Senga
RULE 65 Certiorari is a PREROGATIVE RIGHT. It is never
CERTIORARI, PROHIBITION AND demandable as a matter of right. He who seeks a writ
of certiorari must apply for it only in the manner and
MADAMUS
strictly in accordance with the provisions of law.
CERTIORARI Requisites of Certiorari

SECTION 1. PETITION FOR CERTIORARI (1) The writ is directed against a TRIBUNAL,
Section 1. Petition for certiorari. — When any tribunal, BODY, or BOARD exercising JUDICIAL or
board or officer exercising judicial or quasi-judicial QUASI- JUDICIAL FUNCTIONS
functions has acted without or in excess its or his (2) Such tribunal, body, or board has acted W/O
jurisdiction, or with grave abuse of discretion OR IN EXCESS OF JURISDICTION, or with
amounting to lack or excess of jurisdiction, and there is GRAVE ABUSE OF DISCRETION amounting
no appeal, or any plain, speedy, and adequate remedy in to LACK OR EXCESS OF JURISDICTION
the ordinary course of law, a person aggrieved thereby (3) There must be NO APPEAL or other PLAIN,
may file a verified petition in the proper court, alleging SPEEDY, or ADEQUATE remedy in the
the facts with certainty and praying that judgment be ordinary course of law
rendered annulling or modifying the proceedings of
FIRST REQUISITE: FUNCTIONS OF RESPONDENT
such tribunal, board or officer, and granting such
incidental reliefs as law and justice may require.
Judicial Function
= it consists of the power to determine WHAT THE
The petition shall be accompanied by a certified true
LAW IS and WHAT THE LEGAL RIGHTS OF THE
copy of the judgment, order or resolution subject PARTIES ARE, and then undertake to determine these
thereof, copies of all pleadings and documents relevant questions and ADJUDICATE UPON THE RIGHTS of
and pertinent thereto, and a sworn certification of non- the parties.
forum shopping as provided in the third paragraph of
section 3, Rule 46. (1a) Quasi-Judicial Function
= it applies to the action or discretion of PUBLIC
Writ of Certiorari ADMINISTRATIVE OFFICERS/BODIES, w/c are
= A writ of certiorari is a writ emanating from a superior required TO INVESTIGATE FACTS or ASCERTAIN
court directed against an inferior court, tribunal, board the existence of facts, hold hearings, and DRAW
or officer exercising judicial or quasi judicial functions CONCLUSIONS from them as basis for their official
whereby the record of a particular case is ordered to be action and to EXERCISE DISCRETION OF A
elevated for review and correction in matters of law. JUDICIAL NATURE.
The purpose is to correct errors of jurisdiction (Tagle v.
Equitable PCI Bank). Quasi-Judicial Function
= aka RULE MAKING POWER; exercised by
Aggrieved Party administrative agencies through the promulgation of
General Rule: One who is a party to the original rules and regulations
proceedings that gave rise to the original action for
certiorari under RULE 65  Since the issuance of an EO is not a judicial or
quasi-judicial function, a petition for certiorari is an
Although Sec. 1 provides that certiorari may be availed incorrect remedy.
of by a person aggrieved by the orders or decisions of
the tribunal, such term is not to be construed to mean  The BSP MONETARY BOARD exercises
that ANY PERSON WHO FEELS INJURED BY THE executive functions with respect to establishment
LOWER COURT’S ORDER can question such or liquidation of banking and credit institutions, and
decision via certiorari. Hence, a person not a party to branches and agencies thereof. It does not
the proceedings subject of a certiorari cannot avail it perform judicial or quasi-judicial function.
(Pascual v. Robles, 2011). Certiorari will not lie.
Exception: Aggrieved parties are indispensable  Certiorari will not lie against SANGGUNIANG
parties. PANGLUNGSOD. It is a legislative and policy
making body.

 The powers of the DOJ SECRETARY are purely Without Jurisdiction
executive and administrative. = when the respondent DOES NOT HAVE THE LEGAL
POWER to determine the case
 The SECRETARY OF FINANCE in issuing
revenue regulations exercises quasi-legislative Excess of Jurisdiction
function. = where the respondent, being clothed with the power
to determine the case, OVERSTEPS HIS AUTHORITY
 The ENERGY REGULATION COMMISSION
issuance of electric cooperatives’ wheeling rates Grave Abuse of Discretion
from members of capital contributions is an = where the respondent acts in CAPRCIOUS,
exercise of rule-making powers not reviewable by WHIMSICAL, ARBITRARY or DESPOTIC manner in
certiorari. the EXERCISE OF HIS JUDGMENT as to be said to
be equivalent to lack of jurisdiction.
With respect to the SUPREME COURT, certiorari and → The abuse of discretion must be so PATENT
prohibition may be issued to correct errors of and GROSS as to amount to EVASION OF
jurisdiction by a person or body EVEN IF NOT POSITIVE DUTY or to a REFUSAL TO
EXERCISING JUDICIAL/ QUASI JUDICIAL/ PERFORM DUTY ENJOINED BY LAW
MINISTERIAL functions where the matter is of
“TRANSCENDENTAL IMPORTANCE OF THE CERTIORARI REVIEW ERRORS OF
NATION” JURISDICTION, NOT ERRORS OF JUDGMENT
A petition for certiorari MUST ALWAYS BE BASED ON
EXPANDED SCOPE OF A PETITION FOR JURISDICTIONAL GROUNDS because as long as the
CERTIORARI respondent ACTED W/ JURISDICTION, any error
With respect to the Court, however, the remedies of committed by him or it in exercise thereof will amount
CERTIORARI and PROHIBITION are necessarily to nothing than an ERROR OF JUDGMENT w/c may
broader in scope and reach, and the writ of certiorari or be reviewed by or corrected by APPEAL.
prohibition may be issued to CORRECT ERRORS OF
JURISDICTION COMMITTED not only by a tribunal, CERTIORARI AGAINST A MOTION TO DISMISS
corporation, board or officer exercising JUDICIAL, General Rule: An order DENYING A MOTION TO
QUASI-JUDICIAL OR MINISTERIAL functions but also DISMISS, being merely interlocutory, cannot be the
to SET RIGHT, UNDO AND RESTRAIN ANY ACT OF basis of a petition for certiorari.
GRAVE ABUSE OF DISCRETION AMOUNTING TO
→ The remedy of the aggrieved party is to file an
LACK OR EXCESS OF JURISDICTION by ANY
ANSWER and interpose as DEFENSES THE
BRANCH OR INSTRUMENTALITY OF THE OBJECTIONS RAISED IN THE MOTION TO
GOVERNMENT, even if the latter does not exercise DISMISS, proceed to trial, and in case of an
judicial, quasi-judicial or ministerial functions. This
adverse decision, to elevate the entire case
application is expressly authorized by 2nd para. of Sec
by APPEAL in due course.
1 of Article 8 of the Constitution.2
Exception: Since the issue is jurisdiction, an original
Thus, petitions for certiorari and prohibition are action for certiorari may be directed against an
appropriate remedies to raise constitutional issues INTERLOCUTORY ORDER of the lower court PRIOR
and to review and/or prohibit or nullify the acts of
TO AN APPEAL FROM JUDGMENT.
legislative and executive officials
CERTIORARI AN INDEPENDENT ACTION
SECOND REQUISITE: JURISDICTIONAL ERRORS
the petition for certiorari filed with CA is an independent
and original action so there is a need for the CA to
The sole office of the writ of certiorari is the correction
ACQUIRE JURISDICTION OVER THE PERSON OF
of errors of jurisdiction, w/c includes commission of
THE PARTIES to the case before it can be resolve to
grave abuse of discretion amounting to lack or excess
merits.
of jurisdiction.
2 Judicial power includes the duty of the courts of justice to settle actual controversies or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
involving rights which are legally demandable and enforceable, and to determine whether on the part of any branch or instrumentality of the Government

How to acquire jurisdiction? As to where filed
(a) Service of order of resolution indicating CA’s Only to SC May be filed in the
initial action; or appropriate court having
(b) Voluntary submission of the parties jurisdiction over the
lower court, tribunal,
Petition for certiorari before the CA shall be dismissed board or officer
if it FAILS TO JOIN THE OSG because the latter As to pre-condition
possesses the requisite authority to represent the  No need for a motion ✓Motion for
PEOPLE in appeal to criminal cases. for reconsideration reconsideration is a
pre-requisite
THIRD REQUISITE: NO APPEAL, OR ANY PLAIN, As to time of filing
SPEEDY AND ADEQUATE REMEDY Appeal is taken W/IN 15 Petition is filed NOT
DAYS from NOTICE of LATER THAN 60 DAYS
It is an EXTRAORDINARY REMEDY w/c may be the judgment, order, or from NOTICE of the
availed of only when there is NO APPEAL or other resolution, or of denial judgment, order, or
PLAIN, SPEEDY, or ADEQUATE remedy in the of petitioner’s motion for resolution sought to be
ordinary course of law new trial or assailed.
reconsideration
Plain, Speedy and Adequate Remedy As to parties
= an adequate remedy is one which will PROMPTLY Lower court or judge Tribunal, officer, board
RELIEVE the petitioner from the INJURIOUS w/c rendered the has to be IMPLEADED
EFFECTS of the JUDGMENT and the ACTS of the judgment or final order in the action as
lower court or agency appealed from SHALL NOMINAL PARTY
= the “plain” and “adequate remedy” referred to in NOT BE IMPLEADED RESPONDENT
Rule 65 is a MOTION FOR RECONSIDERATION in the appeal
As to stay of execution
NO APPEAL
Appeal by certiorari The challenged
Certiorari is a REMEDY OF LAST RESORT. STAYS the judgment, proceeding is NOT
final order, or resolution STAYED unless the
Where an appeal is available to the aggrieved party, court issues a TRO or
the action for certiorari will not prosper, even if the an INJUNCTIVE WRIT
ground is grave abuse of discretion. As to stage of proceedings
Appeal by certiorari may Petition for certiorari
A petition for certiorari is not a substitute for a LOST be availed of ONLY may be availed of
APPEAL due to negligence. AFTER JUDGMENT DURING THE
PENDENCY of the case
✓ JUDGMENT DECLARING PRESUMPTIVE It seeks to review or even before
DEATH is immediately final and executory and FINAL JUDGMENT / judgment.
cannot be appealed, hence certiorari is available. ORDER
Thus, it may be availed
✓ SMALL CLAIMS DECISIONS may be availed by of against an
a petition for certiorari. INTERLOCUTORY
ORDER
SPECIAL CIVIL ACTION OF CERTIORARI (RULE
As to issues involved
65) and CERTIORARI (RULE 45); DISTINGUISHED
General Rule: the QUESTIONS OF FACT
RULE 45 RULE 65
petition shall raise only cannot be raised in an
(appeal by certiorari) (petition for certiorari)
QUESTIONS OF LAW original action for
As to issue involved w/c must be distinctly certiorari.
purely of LAW JURISDICTIONAL set forth.
issues Only established or
As to jurisdiction exercised Exceptions: admitted facts can be
Court is in the exercise Court is exercising (1) Appeals in Writ considered
of its APPELLATE ORIGINAL jurisdiction of Kalikasan
jurisdiction

(2) Appeals in Writ Certiorari despite perfection of an appeal; When
of Amparo both remedies deemed not exclusive
(3) Appeals in After a judgment had been rendered and an appeal
Habeas Data perfected, a petition for certiorari relating to certain
As to binding effect of the findings of fact of CA incidents therein may prosper where the APPEAL
Absent any clear In original actions for DOES NOT APPEAR TO BE THE PLAIN, SPEEDY,
showing of abuse , certiorari under this rule, AND ADEQUATE REMEDY. Hence, appeal and
arbitrariness or the findings of fact of certiorari are not remedies that exclude each other
capaciousness the CA are not → Reason: it is the INADEQUACY – not the
committed by the lower conclusive or binding mere absence of all other remedies and the
court, its findings of upon the SC, unlike the danger of injustice wo the writ, that must
facts, especially when general rule in appeals determine the propriety of the writ
affirmed by the CA, are by certiorari under Rule
binding and conclusive 45 Certiorari not substitute for LOST APPEAL
upon the court General Rule: when certiorari is lost because of
negligence or error in the choice of remedies, certiorari
A Petition for Certiorari may be treated as a will not lie.
Petition for Review on Certiorari under Rule 45
Rule 45 → to 65 Exception:
= happens in cases where the subject of the recourse (1) Appeal is lost W/O the appellants
is one of jurisdiction, or where the act complained of NEGLIGENCE
is perpetrated by a court w/ GADALEJ (2) When PUBLIC welfare and advancement of
public policy dictates
Rule 65 → to 45 (3) When the broader interest of JUSTICE
= liberal construction; if the petition for certiorari was requires
filed w/in the reglementary period w/in w/c to file a (4) When the writs issued are NULL AND VOID
petition for review; when errors of judgment are (5) When the questioned order amounts to an
averred; when there is sufficient reason to justify OPPRESSIVE exercise of judicial authority
the relaxation of the rules as when there is significant
issue of jurisdiction Other important requirements of Certiorari
(1) Verified petition by the PETITIONER, not the
Remedies of Appeal and Certiorari are MUTUALLY lawyer
EXCLUSIVE, not alternative or successive a. to contain alleged facts w/ certainty
General Rule: b. prayer for annulment or
errors of JUDGMENT = correctible by APPEAL; modification of the proceedings;
errors of JURISDICTION = reviewable by CERTIORARI c. and grant of such incidental
→ basic is the rule that when appeal is available reliefs as law and justice requires
as a remedy, certiorari has no place (2) Accompanied by a certified true copy or
duplicate original (not photocopy) of the
Exception: (even when appeal is available, certiorari JUDGMENT, ORDER OR RESOLUTION
may be allowed) SUBJECT thereof and all pleadings and
(1) When appeal does not constitute a speedy documents relevant and pertinent thereof
and adequate remedy (3) Sworn certification against FORUM
(2) When orders were issued either in excess of SHOPPING
or w/o jurisdiction
(3) For certain special considerations as public
policy or public welfare
(4) When the order is a patent nullity
(5) When decision in the certiorari case will avoid
future litigation
(6) When, in criminal actions, the court rejects
rebuttal evidence for the prosecution as, in
case of acquittal, there could be no remedy.

Examples of situations where certiorari is a remedy PROHIBITION
(1) Order denying a petition for relief
SECTION 2. PETITION FOR PROHIBITION
(2) Order dismissing an action w/o prejudice
Section 2. Petition for prohibition. — When the
(3) Order dismissing a complaint for failure to file
proceedings of any tribunal, corporation, board, officer
a certification against forum shopping
or person, whether exercising judicial, quasi-judicial or
(4) Denial of a motion to dismiss for lack of
ministerial functions, are without or in excess of its or
jurisdiction over the subject matter
(5) Resolutions of the Ombudsman in a his jurisdiction, or with grave abuse of discretion
preliminary investigations of criminal cases amounting to lack or excess of jurisdiction, and there is
(6) Decisions of NLRC no appeal or any other plain, speedy, and adequate
(7) Judgment, resolution or final order of the remedy in the ordinary course of law, a person
COMELEC aggrieved thereby may file a verified petition in the
(8) Judgment, resolution or final order of the COA proper court, alleging the facts with certainty and
(9) Interlocutory order of a court praying that judgment be rendered commanding the
respondent to desist from further proceedings in the
action or matter specified therein, or otherwise
granting such incidental reliefs as law and justice may
require.
The petition shall likewise be accompanied by a certified

true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant
and pertinent thereto, and a sworn certification of non-
forum shopping as provided in the third paragraph of
section 3, Rule 46. (2a)
Writ of Prohibition
= a writ issued by a SUPERIOR COURT and directed
against the INFERIOR COURT, TRIBUNAL,
CORPORATION, BOARD, OFFICER or OTHER
PERSON (ITCBOP) whether exercising JUDICIAL,
QUASI-JUDICIAL, MINISTERIAL functions,
commanding it to DESIST FROM FURTHER
PROCEEDINGS, for the purpose of PREVENTING the
latter from USURPING JURISDICTION w/ w/c it is not
legally vested.
Prohibition is a PREVENTIVE REMEDY. Petitioner

should obtain a RESTRAINING ORDER and/or WRIT
OF PRELIMINARY INJUNCTION to prevent the
respondent from performing the act sought to be
prevented.
Requisites of Prohibition
(1) Respondent (ITCBOP) is exercising
JUDICIAL, QUASI- JUDICIAL or
MINISTERIAL FUNCTIONS
(2) Respondent acted, is acting or is about to act
W/O OR IN EXCESS OF JURISDICTION, or
with GRAVE ABUSE OF DISCRETION
amounting to LACK OR EXCESS OF
JURISDICTION

(3) There must be NO APPEAL or other PLAIN, BRANCH OR INSTRUMENTALITY OF THE
SPEEDY, or ADEQUATE remedy in the GOVERNMENT, even if the latter does not exercise
ordinary course of law judicial, quasi-judicial or ministerial functions. This
application is expressly authorized by 2nd para. of Sec
FIRST REQUISITE: FUNCTIONS OF RESPONDENT 1 of Article 8 of the Constitution.3
Ministerial Function Thus, petitions for certiorari and prohibition are

= one w/c an officer or tribunal performs in the context appropriate remedies to raise constitutional issues and
of a given set of facts, in a prescribed manner and w/o to review and/or prohibit or nullify the acts of
regard for the exercise of his/its own judgment upon the legislative and executive officials
propriety or impropriety of the act done
ACTS FAIT ACCOMPLI
 Since the issuance of an EO is not judicial, quasi- (Accomplished Facts)
judicial act, a petition for prohibition is an incorrect General Rule: Prohibition does not ordinarily lie to
remedy. Instead, a petition for declaratory relief restrain an act w/c is already a fait accompli
under Rule 63 of the Rules of Court, is the proper
recourse to assail the validity of the EO. Exceptions:
(1) Courts will decide a question otherwise
✓ A petition for prohibition is a proper remedy to MOOT if it is capable of REPETITION YET
prohibit or nullify ACTS OF EXECUTIVE EVADING REVIEW
OFFICERS that amount to USURPATION OF → Ex. The question of constitutionality of the
LEGISLATIVE AUTHORITY. President’s appointment of Department Secretaries
in an acting capacity while Congress is in session;
✓ PROHIBITION, and not MANDAMUS, is the question of validity of a special election to fill in the
remedy where a motion to dismiss is improperly vacancy in the Senate in relation to COMELEC’s
failure to comply such requirements on the conduct
denied.
of such special election.
(2) Writ of prohibition will lie to prevent the
Corporation, Board, Officer or Other Person
UNLAWFUL CREATION OF A NEW
 When what is contested is the power and authority PROVINCE by those in the corridors of power
of a PRIVATE ORGANIZATION, which power and who could avoid judicial intervention and
authority is vested in its own members, review merely speedily and stealthily
PROHIBITION WILL NOT LIE completing the commission of such illegality.
→ The definition and purpose of prohibition
excludes its use against person or group of PROHIBITION AND INJUNCTION; DISTINGUISHED
persons acting in PURELY PRIVATE PROHIBITION INJUNCTION
CAPACITY. As to Nature
Special civil action Ordinary civil action
EXPANDED SCOPE OF A PETITION FOR under Rule 65
PROHIBITION It may be the MAIN
(Araullo v. Aquino III, 2012) Always the MAIN ACTION itself or a
With respect to the Court, however, the remedies of ACTION PROVISIONAL
CERTIORARI and PROHIBITION are necessarily REMEDY
broader in scope and reach, and the writ of certiorari or As to against whom directed
prohibition may be issued to CORRECT ERRORS OF Respondent is Directed against a party
JURISDICTION COMMITTED not only by a tribunal, exercising JUDICIAL, in the action.
corporation, board or officer exercising JUDICIAL, QUASI- JUDICIAL or
QUASI-JUDICIAL OR MINISTERIAL functions but also MINISTERIAL Generally, it involves
to SET RIGHT, UNDO AND RESTRAIN ANY ACT OF FUNCTIONS acts and transactions of
GRAVE ABUSE OF DISCRETION AMOUNTING TO PRIVATE
LACK OR EXCESS OF JURISDICTION by ANY INDIVIDUALS
3 Judicial power includes the duty of the courts of justice to settle actual controversies or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
involving rights which are legally demandable and enforceable, and to determine whether on the part of any branch or instrumentality of the Government

As to grounds MANDAMUS
Based on the ground It does not involve the SECTION 3. PETITION FOR MANDAMUS
that the court against jurisdiction of the court
Section 3. Petition for mandamus. — When any tribunal,
whom the writ is sought
corporation, board, officer or person unlawfully
had acted, is acting, or
neglects the performance of an act which the law
is about to act w/o or in
specifically enjoins as a duty resulting from an office,
excess of jurisdiction
trust, or station, or unlawfully excludes another from
As to judgment
the use and enjoyment of a right or office to which such
Commands May be either to
other is entitled, and there is no other plain, speedy and
respondent to desist compel the defendant
adequate remedy in the ordinary course of law, the
from proceeding in to do an act, or to
the action restrain him from person aggrieved thereby may file a verified petition in
doing such an act the proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the
Other important requirements of Prohibition respondent, immediately or at some other time to be
(1) Verified petition by the PETITIONER, not the specified by the court, to do the act required to be done
lawyer to protect the rights of the petitioner, and to pay the
a. to contain alleged facts w/ certainty damages sustained by the petitioner by reason of the
b. prayer that judgment be rendered wrongful acts of the respondent.
commanding the respondent to
desist from further proceedings The petition shall also contain a sworn certification of
or grant such incidental reliefs as non-forum shopping as provided in the third paragraph
law and justice requires of section 3, Rule 46. (3a)
(2) Accompanied by a certified true copy or
duplicate original (not photocopy) of the Writ of Mandamus
JUDGMENT, ORDER OR RESOLUTION = a writ issued in the NAME OF THE STATE, to an
SUBJECT thereof and all pleadings and INFERIOR COURT, TRIBUNAL, CORPORATION,
documents relevant and pertinent thereof BOARD, OFFICER or PERSON, COMMANDING the
(3) Sworn certification against FORUM PERFORMANCE of an act w/c the law ENJOINS AS A
SHOPPING DUTY resulting from an office, trust or station.
WRIT OF MANDAMUS IS A PREROGATIVE WRIT.

The writ lies to enforce the EXECUTION OF AN ACT,
when, otherwise, justice would be obstructed; and
regularly, issues only in cases relating to the public and
government, hence called the prerogative writ.
→ To preserve its character, mandamus is not
used for the redress of PRIVATE WRONGS,
but only in matters of PUBLIC CONCERN.
PURPOSE
Mandamus will lie to COMPEL THE DISCHARGE of
the DISCRETIONARY DUTY ITSELF but not to control
the DISCRETION TO BE EXERCISED
Mandamus will not lie to compel the performance of an

ACT ALREADY DONE.
The principal function of a mandamus is to

COMMAND, not to inquire, expedite or to adjudicate.

Requisites of Mandamus Exceptions:
(1) PLAINTIFF must have a CLEAR LEGAL (1) Grave abuse of discretion
RIGHT to the act demanded (2) Manifest injustice
(2) It is the DUTY OF THE DEFENDANT to (3) Palpable excess of authority
PERFORM THE ACT because it is mandated → In which case, the respondent can be ordered
by law to act in a particular manner to control the
(3) The ACT to be performed is MINISTERIAL exercise of such discretion
(4) Defendant UNLAWFULLY:
a. NEGLECTS the performance of the DISCRETIONARUY AND MINISTERIAL ACTS;
act w/c the law specially ENJOINS DISTINGUISHED
AS A DUTY resulting from office, DISCRETIONARY MINISTERIAL
trust, or station One where public One which an officer or
b. EXCLUDES another from the use functionaries, by virtue tribunal performs in a
and enjoyment of a right or office to of a power or right given state of facts, in a
which the other is entitled conferred upon them by prescribed manner, in
(5) There is no APPEAL or other PLAIN, law, can act officially obedience to the
SPEEDY and ADEQUATE REMEDY in the under certain mandate of a legal
ordinary course of law circumstances, authority, without regard
uncontrolled by the to or the exercise of his
FIRST REQUISITE: PLAINTIFF’S CLEAR LEGAL judgment or conscience own judgment upon the
RIGHT of others propriety or impropriety
Mandamus will only lie where petitioner’s right is of the act done.
founded CLEARLY IN LAW and not when it is doubtful A duty that which by its
nature requires the A duty that which is so
A clear and complete right. exercise of judgment clear and specific as to
leave no room for the
SECOND REQUISITE: DEFENDANT’S MANDATE exercise of discretion in
Available only to compel the performance of the act w/c its performance.
the law specially ENJOINS AS A DUTY resulting from
office, trust, or station
FOURTH REQUISITE: GROUND
THIRD REQUISITE: DEFENDANT’S MINISTERIAL (1) Defendant (ITCBOP) UNLAWFULLY
DUTY NEGLECTS the performance of an act which
PURELY MINISTERIAL DUTY IMPOSED BY LAW the law specially enjoins as a duty resulting
from an office, trust, or station
A court may be compelled by mandamus to act on a (2) Defendant (ITCBOP) UNLAWFULLY
particular complaint filed before it, but will not lie to EXCLUDES another from the use and
order the court to decide in a particular manner and for enjoyment of a right or office to which other is
or against a litigant. Mandamus may lie to compel the entitled.
judge to decide a case pending before it because he
has a duty to resolve a case MANDAMUS (2nd ground) and QUO WARRANTO;
DISTINGUISHED
Mandamus will not be issued to compel an official to do MANDAMUS QUO WARRANTO
anything which is not the duty or to give to the applicant (2ND GROUND)
anything to which he is not entitled by law. The proper remedy The respondent claims
when the respondent any right to the office
May Mandamus be used to compel a discretionary unlawfully excludes the and usurps, intrudes
duty? petitioner from an office into or unlawfully hold it
NO. it is only applicable to a MINISTERIAL DUTY. to which the latter is against the petitioner
However, it can be used to the extent of requiring the entitled w/o usurping,
performance of a DISCRETIONARY DUTY TO ACT intruding, into or
but not to require the performance of such duty in a unlawfully holding the
particular manner. office

Mandamus may be combined with Quo Warranto Acquisition of Jurisdiction over the Persons of the
The complaint for mandamus is against the persons Respondent in Original Actions for Certiorari,
who exclude the plaintiff from the office in question, Prohibition, and Mandamus
while the petition for quo warranto is directed against (1) If the action is filed with the RTC: follow the
the person who actually holds the said office. rules on ORDINARY CIVIL ACTIONS. Hence,
jurisdiction is acquired by the SERVICE OF
FIFTH REQUISITE: NO APPEAL, OR ANY PLAIN, SUMMONS to the respondent or by his
SPEEDY AND ADEQUATE REMEDY VOLUNTARY APPEARANCE
(2) If the action is filed with the CA/SC: court
Exhaustion of Administrative Remedies acquires jurisdiction over the respondents
General Rule: Mandamus will not issue when with the SERVICE ON THEM OF ITS
administrative remedies are still available ORDERS indicating its initial action on the
petition or by their VOLUNTARY
Exceptions: SUBMISSION to the jurisdiction.
(1) If the party is in ESTOPPEL
(2) If PURE QUESTIONS OF LAW are raised, CERTIORARI, PROHIBITION AND MANDAMUS;
because issues of law cannot be resolved DISTINGUISHED
with finality by the administrative officer CERTIORARI PROHIBITION MANDAMUS
As to against whom directed
MANDAMUS AND INJUNCTION; DISTINGUISHED Against the Against the Against the
MANDAMUS INJUNCTION action or entity entity or entity or
As to Nature or person person himself person
Essentially remedial. Essentially preventive. exercising exercising exercising
Employed to redress Employed to prevent judicial or judicial, quasi- ministerial
past grievances further injury quasi-judicial judicial, or function
As to Purpose function ministerial
Its functions are to set its functions are to function
in motion and to compel restrain motion and to As to grounds
action. enforce inaction. respondent has respondent Defendant
acted w/o or in acted, is unlawfully:
ACTIVE NEGATIVE excess of acting or is
jurisdiction, or about to act neglects the
Its object is to change Preserves matters in with grave w/o or in performance of
the status of affairs and status quo abuse of excess of the act w/c the
to substitute action for discretion jurisdiction, or law specially
inactivity amounting to with grave enjoins as a
lack or excess abuse of duty resulting
Other important requirements of Prohibition of jurisdiction discretion from office,
(1) Verified petition by the PETITIONER, not the amounting to trust, or station
lawyer lack or excess
a. to contain alleged facts w/ certainty of jurisdiction excludes
b. prayer that judgment be rendered another from
commanding the respondent the use and
immediately or some other time, enjoyment of a
to do the act required: right or office
i. to protect the rights of the to which the
petitioner other is entitled
ii. to pay the damages
(2) Accompanied by a certified true copy or As to Purpose
duplicate original (not photocopy) of the To annul or To have For respondent
JUDGMENT, ORDER OR RESOLUTION nullify a respondent to the act
SUBJECT thereof and all pleadings and proceeding desist from
documents relevant and pertinent thereof

further required and to (2) Where the questions raised in the certiorari
proceeding pay damages proceeding have been duly raised and
As to nature of remedy passed upon by the lower court, or are the
CORRECTIV PREVENTIV AFFIRMATIV same as those raised and passed upon in the
E E AND E – if the lower court;
NEGATIVE performance (3) Where there is an urgent necessity for the
To correct of the duty is resolution of the question and any further
usurpation of To restrain ordered delay would prejudice the interests of the
jurisdiction and prevent Government or of the petitioner or the subject
usurpation of NEGATIVE – matter of the action is perishable;
jurisdiction if a person is (4) Where, under the circumstances, a motion for
ordered to reconsideration would be useless;
desist from (5) Where petitioner was deprived of due process
excluding and there is extreme urgency for relief;
another from (6) Where, in a criminal case, relief from an order
a right or of arrest is urgent and the granting of such
office relief by the trial court is improbable;
As an independent action (7) Where the proceedings in the lower court are
Does not interrupt the course of the principal a nullity for lack of due process;
action (8) Where the proceedings were ex parte or in
which the petitioner had no opportunity to
Does not affect the running of the reglementary object; and
periods involved in the proceeding (9) Where the issue raised is one purely of law or
where public interest is involved.
Does not stay the execution of judgment, unless
a temporary restraining order or writ of Effect of filing a Motion for Reconsideration
preliminary injunction has been issued If an MR is filed, the period shall not only be
Not available against an interlocutory order in INTERRUPTED but ANOTHER 60 DAYS shall be
certain cases: given to the petitioner w/in w/c to file the appropriate
- Petition for a writ of amparo petition for certiorari, or prohibition with the superior
- Petition for a writ of habeas data court.
- Small claims cases
- Cases governed by summary procedure (ie. NOTE: petitioner may not arrogate upon himself the
UD and FE) determination of whether or not a motion for
reconsideration is necessary
Can the CA award damages in mandamus
proceedings When RULE 65 is not available
YES. CA has authority to award civil damages. General Rule: petition for certiorari, prohibition,
mandamus are available against an
Motion for Reconsideration as a pre-requisite INTERLOCUTORY ORDER
General Rule: an MR is an essential precondition for
the filing of a petition for certiorari, prohibition, Exceptions: (Rule 65 cannot be availed of against the
mandamus ff cases)
(1) Small claims cases
→ Purpose: an MR is still a plain, speedy, and
(2) Petition for writ of habeas data
adequate remedy in the ordinary course of
(3) Petition for writ of amparo
law; to enable the lower court, in the court of
(4) Cases governed by the Rule on Summary
first instance, to pass upon and correct its
Procedure
mistakes w/o the intervention of higher courts
(5) To question the merits of an arbitral award
Exceptions:
NOTE: A WRIT OF PROHIBITION, even when directed
(1) Where the order is a patent nullity, as where
against persons acting as judges or other judicial
the Court a quo has no jurisdiction;
officers, cannot be treated as a SUBSTITUTE FOR
QUO WARRANTO or be rightfully called upon to

perform any functions of the writ. If there is a court, (exercising corporation, board, officer or
judge or officer de facto, the title to the office and the appropriate person
right to act cannot be questioned by prohibition. territorial
jurisdiction)
SECTION 4. WHEN AND WHERE PETITION FILED CA Whether or not is in aid of
Section 4. When and where petition filed. — The petition appellate jurisdiction
shall be filed not later than sixty (60) days from notice of
the judgment, order or resolution. In case a motion for If it involves acts or omissions
reconsideration or new trial is timely filed, whether of quasi judicial agency,
such motion is required or not, the sixty (60) day period unless otherwise provided by
shall be counted from notice of the denial of said motion. law or rules, the petition shall
be filed and be cognizable
only by the CA
The petition shall be filed in the Supreme Court or, if it
Sandiganbayan Whether or not is in aid of
relates to the acts or omissions of a lower court or of a
appellate jurisdiction
corporation, board, officer or person, in the Regional
Trial Court exercising jurisdiction over the territorial
SEQUESTRATION CASES –
area as defined by the Supreme Court. It may also be
only in aid of appellate
filed in the Court of Appeals whether or not the same is
jurisdiction
in aid of its appellate jurisdiction, or in the
COMELEC In election cases involving an
Sandiganbayan if it is in aid of its appellate jurisdiction. act or omission of MTC/RTC,
If it involves the acts or omissions of a quasi-judicial petition shall be filed with
agency, unless otherwise provided by law or these COMELEC, in aid of its
Rules, the petition shall be filed in and cognizable only appellate jurisdiction
by the Court of Appeals.
SECTION 4 OBSERVES THE DOCTRINE OF
No extension of time to file the petition shall be granted HEIRARCHY OF COURTS
except for compelling reason and in no case exceeding
fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998; SECTION 5. RESPONDENTS AND COSTS IN
A.M. No. 00-2-03-SC) CERTAIN CASES
Section 5. Respondents and costs in certain cases. —
It is filed NOT LATER THAN 60 DAYS from notice of When the petition filed relates to the acts or omissions
JUDGEMENT, ORDER OR RESOLUTION, or notice of of a judge, court, quasi-judicial agency, tribunal,
DENIAL OF THE MOTION FOR RECONSIDERATION corporation, board, officer or person, the petitioner
OR NEW TRIAL, if one is filed. shall join, as private respondent or respondents with
such public respondent or respondents, the person or
General Rule: petition for certiorari must be filed persons interested in sustaining the proceedings in the
strictly w/in 60 days from notice of judgment or from
court; and it shall be the duty of such private
order denying MR
respondents to appear and defend, both in his or their
own behalf and in behalf of the public respondent or
Exceptions: under exceptional circumstances, and
respondents affected by the proceedings, and the costs
subject to the sound discretion of the court, said period
awarded in such proceedings in favor of the petitioner
may be extended.
shall be against the private respondents only, and not
LATE FILING: for being filed 1 day late, court upheld against the judge, court, quasi-judicial agency, tribunal,
the dismissal. Deviations from the rules cannot be corporation, board, officer or person impleaded as
tolerated. Its observance cannot be left to the whims public respondent or respondents.
and caprices of the parties (LTS Philippines v. Maliwat,
2005) Unless otherwise specifically directed by the court
where the petition is pending, the public respondents
WHERE FILED shall not appear in or file an answer or comment to the
COURT SCOPE petition or any pleading therein. If the case is elevated to
RTC If it relates to acts or a higher court by either party, the public respondents
omissions of an MTC, a shall be included therein as nominal parties. However,

unless otherwise specifically directed by the court, they or respondents to comment on the petition within ten
shall not appear or participate in the proceedings (10) days from receipt of a copy thereof. Such order shall
therein. (5a) be served on the respondents in such manner as the
court may direct together with a copy of the petition and
Who must be joined as Respondents any annexes thereto.
(1) PUBLIC RESPONDENT → judge, court,
quasi-judicial agency, tribunal, corporation, In petitions for certiorari before the Supreme Court and
board, officer or person who rendered the the Court of Appeals, the provisions of section 2, Rule
judgment 56, shall be observed. Before giving due course thereto,
(2) PRIVATE RESPONDENT → person/s the court may require the respondents to file their
interested in sustaining the proceedings in comment to, and not a motion to dismiss, the petition.
court Thereafter, the court may require the filing of a reply
and such other responsive or other pleadings as it may
Private respondent shall appear and defend the deem necessary and proper. (6a)
assailed proceedings and shall bear the costs.
Order requiring the respondent to comment is

Failure to implead private complainant
equivalent to SUMMONS in ordinary civil actions
Will not warrant dismissal
Reason: Rule 3, Sec 11 provides that misjoinder or
nonjoinder is not a ground for dismissal. Court should SECTION 7. EXPEDITING
order to add the private complainant as respondent. PROCEEDINGS; INJUNCTIVE RELIEF
Section 7. Expediting proceedings; injunctive relief. —
BUT in a petition for certiorari with CA / SC, non joinder The court in which the petition is filed may issue orders
of private complainant is sufficient ground for expediting the proceedings, and it may also grant a
DISMISSAL. temporary restraining order or a writ of preliminary
injunction for the preservation of the rights of the
General Rule: PUBLIC RESPONDENT shall not parties pending such proceedings. The petition shall not
appear in or file an answer or comment to the petition interrupt the course of the principal case unless a
or any pleading therein. temporary restraining order or a writ of preliminary
→ They are merely NOMINAL/FORMAL injunction has been issued against the public
PARTIES and need not file separate respondent from further proceeding in the case. (7a)
comment unless specifically directed
The petition shall not interrupt the course of the
Exceptions: principal case unless a TRO or a WRIT OF
(1) Unless otherwise specifically directed by the PRELIMINARY INJUCTION has been issued against
court where the petition is pending the public respondent from further proceeding the
(2) Where the actuations of a judge are assailed case.
on the grounds other than legal ones and
imputing to the judge personal motives, the Public respondent shall proceed with the principal case
judge cannot be blamed if he takes personal w/in 10 days from filing of the petition w/ higher court
interest in trying to disprove the imputations absent a TRO or injunction. Failure to do so may be a
ground for administrative charge
PRIVATE RESPONDENT is an INDISPENSABLE
PARTY and his non-inclusion would render the petition SECTION 8. PROCEEDINGS AFTER COMMENT IS
for certiorari DEFECTIVE. FILED
Section 8. Proceedings after comment is filed. — After
When the judge is made a public respondent, the
the comment or other pleadings required by the court
principal respondent is the JUDGE AS A PERSON, not
are filed, or the time for the filing thereof has expired,
the court as an entity.
the court may hear the case or require the parties to
submit memoranda. If after such hearing or submission
SECTION 6. ORDER TO COMMENT
of memoranda or the expiration of the period for the
Section 6. Order to comment. — If the petition is
filing thereof the court finds that the allegations of the
sufficient in form and substance to justify such process,
the court shall issue an order requiring the respondent

petition are true, it shall render judgment for the relief
prayed for or to which the petitioner is entitled.
The court, however, may dismiss the petition if it finds

the same to be patently without merit, prosecuted
manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration.
(8a)
After the comment or other pleadings required are filed,

or the time for the filing thereof has expired, the court
may:
(1) HEAR the case;
(2) Require the parties to submit MEMORANDA;
or
(3) If after such hearing or submission of
memoranda or the expiration of the period for
the filing thereof the court finds that the
allegations of the petition are true, it shall
RENDER JUDGMENT FOR THE RELIEF
PRAYED for or to which the petitioner is
entitled.
If petition is not sufficient in form and substance, the

court may DISMISS it OUTRIGHT.
The court may also dismiss the petition if it finds the

same to be:
(1) patently without merit
(2) prosecuted manifestly for delay, or
(3) questions raised therein are too unsubstantial
to require consideration.
In such event, the court may award TREBLE COSTS

SOLIDARILY against PETIONER AND COUNSEL, in
addition to admin case against counsel.
It is not mandatory for the court to receive evidence and

hear the petition.
SECTION 9. SERVICE AND ENFORCEMENT OF

ORDER OR JUDGMENT
Section 9. Service and enforcement of order or
judgment. — A certified copy of the judgment rendered
in accordance with the last preceding section shall be
served upon the court, quasi-judicial agency, tribunal,
corporation, board, officer or person concerned in such
manner as the court may direct, and disobedience
thereto shall be punished as contempt. An execution
may issue for any damages or costs awarded in
accordance with section 1 of Rule 39. (9a)

RULES OF PROCEDURE FOR SPECIAL CIVIL ACTIONS
ENVIRONMENTAL CASES Atty. Senga
RULES OF PROCEDURE FOR (3) Motion for extension of time to file pleadings,
except to file answer, the extension not to exceed
ENVIRONMENTAL CASES
fifteen (15) days;
A.M. No. 09-6-8-SC (4) Motion to declare the defendant in default;
(5) Reply and rejoinder; and
Scope (6) Third party complaint.
The rules shall govern procedure in
- Civil Complaint
- Criminal ✓ Shall be verified
- Special Civil Actions ✓ Must state that it is an environmental case
Before the: ✓ Law involved
- RTC ✓ Attached a certification against forum
- MeTC shopping
- MTCC
- MTC Requires attachment of all evidence then available
- MCTC Relaxation of rules on admissibility
→ Involving enforcement or violations of Who may file an action

environmental and other related laws, regulations (1) Any real party in interest, including the
and rules government and juridical entities authorized
→ Still follows the doctrines of exhaustion of by law, may file a civil action involving the
administrative remedies and primary jurisdiction enforcement or violation of any environmental
→ May apply in other suits not necessarily involving law.
environmental laws (2) Any Filipino citizen in representation of
→ Will apply insofar as the SLAPP DEFENSES is others, including minors or generations yet
concerned. unborn, may file an action to enforce rights or
obligations under environmental laws
CIVIL PROCEDURE
Citizen Suit
→ Limited to FILIPINO CITIZENS
SECTION 1. PLEADINGS AND MOTIONS → No proof of personal injury is required
ALLOWED
(1) complaint
SECTION 6. SERVICE OF THE COMPLAINT ON
(2) answer
THE GOVERNMENT OR ITS AGENCIES
(3) compulsory counterclaim
Upon the filing of the complaint, the plaintiff is required
(4) cross-claim
to furnish the government or the appropriate agency,
(5) motion for intervention
although not a party, a copy of the complaint. Proof of
(6) motion for discovery
service upon the government or the appropriate agency
(7) motion for reconsideration of the judgment.
shall be attached to the complaint.
in highly meritorious cases or to prevent a manifest

It is mandatory for the plaintiff to notify the concerned
miscarriage of justice:
branch of the government, the DENR & OSG. If their
(1) Motion for postponement
participation is unwarranted, they may file a
(2) motion for new trial
manifestation to that effect.
(3) petition for relief from judgment shall be
allowed
SECTION 8. ISSUANCE OF TEMPORARY
ENVIRONMENTAL PROTECTION ORDER (TEPO).
SECTION 2. PROHIBITED PLEADINGS OR
MOTIONS If it appears from the verified complaint with a prayer
The following pleadings or motions shall not be for the issuance of an Environmental Protection Order
allowed: (EPO) that the matter is of extreme urgency and the
(1) Motion to dismiss the complaint; applicant will suffer grave injustice and irreparable
(2) Motion for a bill of particulars; injury, the executive judge of the multiple-sala court
before raffle or the presiding judge of a single-sala

court as the case may be, may issue ex parte a TEPO RULE 5
effective for only seventy-two (72) hours from date of JUDGMENT AND EXECUTION
the receipt of the TEPO by the party or person enjoined. SECTION 1. RELIEFS IN A CITIZEN SUIT
Within said period, the court where the case is assigned, If warranted, the court may grant to the plaintiff proper
shall conduct a summary hearing to determine whether reliefs which shall include the protection, preservation
the TEPO may be extended until the termination of the or rehabilitation of the environment and the payment of
case. attorney’s fees, costs of suit and other litigation
expenses. It may also require the violator to submit a
The court where the case is assigned, shall periodically program of rehabilitation or restoration of the
monitor the existence of acts that are the subject matter environment, the costs of which shall be borne by the
of the TEPO even if issued by the executive judge, and violator, or to contribute to a special trust fund for that
may lift the same at any time as circumstances may purpose subject to the control of the court.
warrant.
No damages can be awarded in a citizen suit. This is in
The applicant shall be exempted from the posting of a line w/ the policy that a citizen suit is filed w/ public
bond for the issuance of a TEPO. interest, and in effect, it is the environment w/c is
vindicated in the action.
TEPO/EPO → The only recourse of a party or person who
= an order of the court directing or enjoining any person wishes to recover damages for injury suffered
or government agency to perform or desist from is to file a separate action
performing an act in order to protect, preserve, or
rehabilitate the government SECTION 2. JUDGMENT NOT STAYED BY
APPEAL
TEPO integrates a prohibitive and mandatory reliefs Any judgment directing the performance of acts for the
protection, preservation or rehabilitation of the
Requisites: environment shall be executory pending appeal unless
(1) Complaint w/ a prayer for the issuance of the restrained by the appellate court.
TEPO
(2) Matter is of extreme urgency and the • Judgment is IMMEDIATELY EXECUTORY
applicant will suffer grave injustice and
• May not be stayed by posting of a bond under
irreparable injury
Rule 39 of ROC.
(3) Issued ex parte
• The only remedy is to the appellate court.
Appellate court can issue TRO to restrain
Dissolution of TEPO
execution.
→ Affidavits of the party or person to be enjoined
w/c the applicant may oppose also by
SECTION 3. PERMANENT EPO; WRIT OF
affidavits
CONTINUING MANDAMUS
→ A sufficient bond by the party or person
In the judgment, the court may convert the TEPO to a
enjoined
permanent EPO or issue a writ of continuing mandamus
→ The applicant may be fully compensated for
directing the performance of acts which shall be
such damages he may suffer
effective until the judgment is fully satisfied.
→ It appears after hearing that the issuance of
The court may, by itself or through the appropriate
continuance would cause irreparable damage
to the party or person enjoined government agency, monitor the execution of the
judgment and require the party concerned to submit
written reports on a quarterly basis or sooner as may be
SECTION 10. PROHIBITION AGAINST
TEMPORARY RESTRAINING ORDER (TRO) AND necessary, detailing the progress of the execution and
PRELIMINARY INJUNCTION. satisfaction of the judgment. The other party may, at its
Except the Supreme Court, no court can issue a TRO or option, submit its comments or observations on the
writ of preliminary injunction against lawful actions of execution of the judgment.
government agencies that enforce environmental laws
or prevent violations thereof.

When writ of mandamus is availed of Nature of Proceeding
The continuing mandamus is made available under this Summary in nature
provision as a FINAL RELIEF.
If the court finds that the defense of SLAPP is valid, the
A TEPO may be converted into a writ of continuing plaintiff is required to prove the ff:
mandamus when the circumstances warrant. (1) the case is not a SLAPP
(2) the merits of the case
RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC The AFFIRMATIVE DEFENSE OF SLAPP shall be
PARTICIPATION resolved w/in 30 days.
SECTION 1. STRATEGIC LAWSUIT AGAINST If the action is dismissed, the court may award
PUBLIC PARTICIPATION (SLAPP). damages, attys fees, and cost of suit.
A legal action filed to harass, vex, exert undue pressure
or stifle any legal recourse that any person, institution Dismissal is w/ prejudice
or the government has taken or may take in the → constitutes res judicata
enforcement of environmental laws, protection of the
environment or assertion of environmental rights shall SPECIAL CIVIL ACTIONS
be treated as a SLAPP and shall be governed by these
WRIT OF KALIKASAN
Rules.
SECTION 1. NATURE OF THE WRIT.

SECTION 2. SLAPP AS A DEFENSE; HOW The writ is a remedy available to a natural or juridical
ALLEGED. person, entity authorized by law, people’s organization,
In a SLAPP filed against a person involved in the non-governmental organization, or any public interest
enforcement of environmental laws, protection of the group accredited by or registered with any government
environment, or assertion of environmental rights, the agency, on behalf of persons whose constitutional right
defendant may file an answer interposing as a defense to a balanced and healthful ecology is violated, or
that the case is a SLAPP and shall be supported by threatened with violation by an unlawful act or omission
documents, affidavits, papers and other evidence; and, of a public official or employee, or private individual or
by way of counterclaim, pray for damages, attorney’s entity, involving environmental damage of such
fees and costs of suit. magnitude as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.
The court shall direct the plaintiff or adverse party to file
an opposition showing the suit is not a SLAPP, attaching Writ of Kalikasan
evidence in support thereof, within a non-extendible A special remedy available against an unlawful
period of five (5) days from receipt of notice that an act/omission of a public official or employee, or private
answer has been filed. individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health or
The defense of a SLAPP shall be set for hearing by the property of inhabitants in two or more cities or
court after issuance of the order to file an opposition provinces
within fifteen (15) days from filing of the comment or the
To whom available:
lapse of the period
(1) Natural person,
(2) Juridical person
Examples of SLAPP
(3) entity authorized by law
1. X files a complaint in an environmental case
(4) people’s organization
against A (violator of environmental law) and
(5) non-governmental organization
A retaliates by filing a complaint for damages
(6) any public interest group accredited by or
against X
registered with any government agency
2. X is an environmental advocate who rallies for
protection of environmental rights and a
complaint for damages is filed against him by
A

✓ may be filed on behalf of persons whose → a duty w/c is absolute and imperative and
constitutional right to a balance and healthful involves merely its execution
ecology is violated (4) the duty or act to be performed must be in
connection w/ the enforcement or violation of an
Where to file: SC; any stations of the CA environmental law rule or regulation or a right
(5) there is no other plain, speedy and adequate
THE RELIEFS THAT MAY BE GRANTED UNDER remedy in the ordinary course of law
THE WRIT
(1) Directing respondent to permanently cease Grounds for Continuing Mandamus
and desist from committing acts or neglecting When any agency or instrumentality of the
the performance of a duty in violation of government or officer thereof
environmental laws resulting in environmental (1) unlawfully NEGLECTS the performance of an
destruction or damage; act which the law specifically enjoins as a duty
(2) Directing the respondent public official, resulting from an office, trust or station in
government agency, private person or entity connection with the enforcement or violation
to protect, preserve, rehabilitate or restore the of an environmental law rule or regulation or
environment; a right therein; or
(3) Directing the respondent public official, (2) unlawfully EXCLUDES another from the use
government agency, private person or entity or enjoyment of such right
to monitor strict compliance with the decision
and orders of the court;
(4) Directing the respondent public official, SECTION 2. WHERE TO FILE THE PETITION
government agency, or private person or The petition shall be filed with the Regional Trial Court
entity to make periodic reports on the exercising jurisdiction over the territory where the
execution of the final judgment; and actionable neglect or omission occurred or with the
(5) Such other reliefs which relate to the right of Court of Appeals or the Supreme Court.
the people to a balanced and healthful
ecology or to the protection, preservation, SECTION 7. JUDGMENT
rehabilitation or restoration of the If warranted, the court shall grant the privilege of the
(6) environment, except the award of damages to writ of continuing mandamus requiring respondent to
individual petitioners. perform an act or series of acts until the judgment is
fully satisfied and to grant such other reliefs as may be
WRIT OF CONTINUING MANDAMUS warranted resulting from the wrongful or illegal acts of
the respondent. The court shall require the respondent
When writ of mandamus is availed of
to submit periodic reports detailing the progress and
It may be availed of to compel the performance of an
execution of the judgment, and the court may, by itself
act specifically enjoined by law. It permits the court to
or through a commissioner or the appropriate
retain jurisdiction after the judgment in order to ensure
government agency, evaluate and monitor compliance.
the successful implementation of the reliefs mandated
The petitioner may submit its comments or
under the court’s decision.
observations on the execution of the judgment.
→ The court may compel the submission of
compliance reports from respondent government
agencies as well as to avail of other means to IF WARRANTED, the court shall:
monitor the compliance of decision (1) grant the privilege of the writ of continuing
mandamus requiring respondent to perform
Requisites of Continuing Mandamus an act or series of acts until the judgment is
(1) There must be a clear legal right or duty fully satisfied
(2) The act to be performed must be practical (2) grant such other reliefs as may be warranted
→ w/in the powers of the respondent to perform resulting from the wrongful or illegal acts of
such that if the writ of continuing mandamus the respondent
is issued, he can comply it or else the essence
will be defeated The court shall require the respondent to submit
(3) respondent must be exercising a ministerial duty PERIODIC REPORTS detailing the progress and
execution of the judgment

CRIMINAL ACTION
Manner of Alleging SLAPP: through a MOTION TO

DISMISS

Quo Warranto Atty. Senga
RULE 66 The court will order the
QUO WARRANTO seating of the person
who was legally
appointed and entitled to
Quo Warranto
office.
= “by what authority”
= is a PREROGATIVE PROCEEDING OR WRIT
issued by the court to determine the use or exercise of Quo Warranto under the Omnibus Election Code
an office, position, or franchise and to OUST THE v. Quo Warranto under Rule 66
PERSON holding or exercising such office, position or QUO WARRANTO QUO WARRANTO
franchise if his right is unfounded or if he had forfeited UNDER THE UNDER RULE 66
his right to enjoy the privilege OMNIBUS ELECTION (Appointive Office)
CODE
A quo warranto is an action for the usurpation of a (Elective Office)
public: As to Governing Law/Rule
a. office Election law Rules of court
b. position, or As to applicability
c. franchise Quo Warranto in Quo Warranto in
commenced by a VERIFIED petition in the name of the ELECTIVE office APPOINTIVE office
Republic of the Philippines. As to issues
Issue Is the eligibility or Issue is the validity of
QUO WARRANTO MANDAMUS disloyalty to the the appointment
designed to try the right to enforce legal duties Republic of the
or title to office if such respondent
right or title is disputed As to Effects
brought against the against the person Occupant who was The court will oust the
holder of the office responsible for declared ineligible or person illegally
unlawfully excluding the disloyal will be unseated appointed and will order
petitioner from office and the petitioner may the seating of the person
be declared the rightful who was legally
Note: occupant of the office if appointed and entitled to
➢ usurpation or intrusion into an office the respondent is office
—> quo warranto disqualified and the
➢ respondent, without claiming any right to petitioner received the
office, excludes petitioner second highest number
—> mandamus of votes
As to prescriptive period
Quo Warranto v. Election Contest Must be filed within 10 Must be filed within 1
QUO WARRANTO ELECTION CONTEST days from proclamation year from the
As to Grounds of the results of the petitioner’s ouster from
its basis is that the it challenges the right of election the office, or the right of
occupant is disqualified a person to hold office the petitioner to hold
from holding the office on the ground of thee office or position,
by reason of ineligibility irregularities in the arose
or disloyalty conduct of elections for As to who may file
said office By any voter even if he Petitioner must be the
As to Effects is not entitled to the person claiming to be
If the quo warranto The successful office entitled to the office and
proceedings succeeds – protestant will assume would assume it if the
respondent will be the office if he had action succeeds
ousted, but the obtained a plurality of As to Jurisdiction
petitioner will not the valid votes. The petition is brought in The petition is brought in
assume the office the COMELEC, RTC or the SC, CA, or RTC.

MTC as the case may Note: The Quo Warranto v. Election Protest
be. Sandiganbayan has QUO WARRANTO ELECTION PROTEST
exclusive original As to cause of action
Note: It is filed in the jurisdiction on quo The eligibility of the Irregularity in the
MTC when the election warranto arising or that candidate, or lack of it, conduct of elections
of a barangay officer is may arise in cases filed or his being disloyal to
contested. under EO 1,2,14,14-A s. the Republic
1986, but this must be in Quo warranto refers to It is strictly a contest
aid of its appellate the questions of between the defeated
jurisdiction and not disloyalty to the state, and winning candidates
exclusive of the SC. or the ineligibility of the based on the grounds
winning candidate. The of electoral frauds and
Omnibus Election Code objective of the action is irregularities, to
Sec. 253. Petition for quo warranto. – to unseat the ineligible determine who between
Any voter contesting the election of: person from the office, them has actually
OFFICER GROUNDS PERIOD COURT but not to install the obtained the majority of
1. any member 1. ground of within ten file a sworn petitioner in his place. the legal votes case
of the ineligibility days after petition for and is entitled to hold
Batasang or the quo warranto
the office
Pambansa, 2. disloyalty proclamation with the
2. regional, to the of the results Commission
3. provincial, Republic of the Impeachment v. Quo Warranto
or of the election. IMPEACHMENT QUO WARRANTO
4. city officer Philippines As to Nature
any municipal 1. ground of within ten file a sworn Political in nature Judicial in nature
officer ineligibility days after petition for
As to Jurisdiction
or the quo warranto
2. disloyalty proclamation with the RTC House of Petition is brought in the
to the of the results Representatives shall SC, CA or RTC
Republic of the have the exclusive
of the election. power to initiate all Note: The
Philippines cases of impeachment Sandiganbayan has
any barangay 1. ground of within ten file a sworn
exclusive original
officer ineligibility days after petition for
or the quo warranto Senate shall have the jurisdiction on quo
2. disloyalty proclamation with the MTC sole power to try and warranto arising or that
to the of the results decide all cases of may arise in cases filed
Republic of the impeachment under EO 1,2,14,14-A s.
of the election. 1986, but this must be in
Philippines aid of its appellate
Member of HRET / SET
jurisdiction and not
House of Art. VI, Sec.
Representatives 17 stated that exclusive of the SC.
/ Senate the HRET As to Grounds
and SET 1. culpable violation of 1. a person who
shall be the the constitution usurps, intrudes into,
sole judges 2. treason or unlawfully holds
of all contests
3. bribery or exercises a public
relating to
election, 4. graft and corruption office, position, or
returns, and 5. other high crimes, or franchise;
qualification 6. betrayal of public 2. a public officer who
of its trust does or suffers an
respective act which, by the
members provision of law,
President PET
constitutes a ground
for the forfeiture of
his office

3. an association which petition is predicated on grounds distinct from those of
acts as a corporation impeachment. The former questions the validity of a
within the public officer’s appointment while the latter indicts him
Philippines without for the so-called impeachable offenses without
being legally questioning his title to the office he holds.
incorporated or
without lawful An act or omission committed prior to or at the time of
authority so to act appointment or election relating to an official’s
As to Applicable Rules qualifications to hold office as to render such
Congress shall Rule 66, ROC appointment or election invalid is properly the subject
promulgate its rules on of a quo warranto petition, provided that the requisites
impeachment to for the commencement thereof are present. On the
effectively carry out the contrary, acts or omissions, even if it relates to the
purpose of this section qualification of integrity, being a continuing
As to Judgment requirement but nonetheless committed during the
Judgment in cases of Judgment is limited to incumbency of a validly appointed and/or validly
impeachment shall not ouster of forfeiture and elected official, cannot be the subject of a quo warranto
extend further than may not be imposed proceeding, but of something else, which may either be
removal from office and retroactively upon prior impeachment if the public official concerned is
disqualification to hold exercise of official or impeachable and the act or omission constitutes an
any office under the corporate duties. impeachable offense, or disciplinary, administrative or
Republic of the (Republic v Sereno) criminal action, if otherwise.
Philippinies, but the
party convicted shall SECTIONS 1 TO 3
nevertheless be liable SECTION 1. ACTION BY GOVERNMENT AGAINST
and subject to INDIVIDUALS
prosecution, trial and
An action for the usurpation of a public office, position or
punishment, according
franchise may be commenced by a verified petition
to law. (Consti, Art. XI,
brought in the name of the Republic of the Philippines
Sec 3 Par 7)
against:
As to Limitations
(a) A person who usurps, intrudes into, or unlawfully
No impeachment Petition must be
holds or exercises a public office, position or franchise;
proceedings shall be commenced within 1
(b) A public officer who does or suffers an act which, by
initiated against the year after the cause of
the provision of law, constitutes a ground for the
same official more than such ouster, or the right
once within a period of 1 of petitioner to hold such forfeiture of his office; or
year office or position, arose (c) An association which acts as a corporation within
the Philippines without being legally incorporated or
While both impeachment and quo warranto may result without lawful authority so to act. (1a)
in the ouster of public officials, the two proceedings
may differ. At its most basic, impeachment SECTION 2. WHEN SOLICITOR GENERAL OR
proceedings are political in nature, while an action PUBLIC PROSECUTOR MUST COMMENCE
for quo warranto is judicial of a proceeding ACTION
traditionally lodged in the courts. The Solicitor General or a public prosecutor, when
directed by the President of the Philippines, or when
Quo warranto and impeachment are NOT MUTUALLY upon complaint or otherwise he has good reason to
EXCLUSIVE REMEDIES and may even proceed believe that any case specified in the preceding section
simultaneously. The existence of other remedies can be established by proof, must commence such
against the usurper does not prevent the state from action. (3a)
commencing a quo warranto proceeding.
By its tenor, Section 2, Article XI of the Constitution

allows the institution of a quo warranto action against
an impeachable officer. After all, a quo warranto

SECTION 3. WHEN SOLICITOR GENERAL OR Who may commence
PUBLIC PROSECUTOR MAY COMMENCE ACTION General Rule:
WITH PERMISSION OF COURT (1) Solicitor General
The Solicitor General or a public prosecutor may, with (2) Public Prosecutor
the permission of the court in which the action is to be
commenced, bring such an action at the request and [MANDATORY]
upon the relation of another person; but in such case the 1. directed by the President of the Philippines
officer bringing it may first require an indemnity for the 2. when upon complaint or when he has good
reason to believe that any case specified in the
expenses and costs of the action in an amount approved
preceding section can be established by proof
by and to be deposited in the court by the person at
whose request and upon whose relation the same is
[DISCRETIONARY]
brought. (4a)
⁃ brought by SolGen or fiscal at the request or
upon relation of another person, there must be:
⁃ action for usurpation of public office, position, or a. leave of court AND
franchise b. indemnity bond (for the expenses and
⁃ commenced by verified petition costs of the action, in the amount
⁃ in the name of the Republic of the Philippines approved by and deposited in the court)
⁃ against: (Sec 3)
(1) person who usurps, intrudes into, or
unlawfully holds or exercises a public office, Exception: an individual claiming to be entitled to a
position, or franchise public office or position usurped or unlawfully held or
(2) public officer who does or suffers an act, exercised by another (Sec. 5)
which by provision of law, constitutes a ⁃ no need to secure intervention of the Solicitor
ground for the forfeiture of his office General or fiscal
(3) association which acts as a corporation ⁃ no need to obtain leave of court
within the PH without being legally
incorporated or without lawful authority so to Note: a public utility may bring a quo warranto action
act against another public utility which has usurped the
rights of the former granted under a franchise
NB: Rule 66 does not apply to quo warranto cases
against persons who usurps an office in a PRIVATE Relator - person at whose request and upon whose
CORPORATION —> governed by: The Interim Rules relation the SolGen or public prosecutor brings an
of Procedure Governing Intra-Corporate Controversies action for quo warranto with permission of the court
(RA 8799)
NB: if dispute is as to: Note:
1. counting of votes if plaintiff’s right to file a complaint is not proven:
2. matters connected to the conduct of election unnecessary for the Court to pass upon the right of the
ELECTION PROTEST is the proper remedy defendant who has the perfect right to the undisturbed
possession of his office
The Solicitor General, in the exercise of sound
discretion, may suspend or turn down the institution of if brought by Solicitor General or the public prosecutor:
an action for quo warranto where there are just and Court may pass upon the defendant’s right of office
valid reasons. Upon receipt of a case certified to him,
the Solicitor General may start the prosecution of the
SECTIONS 4 TO 5
case by filing the appropriate action in court or he may
choose not to file the case at all. The Solicitor General SECTION 4. WHEN HEARING HAD ON
is given permissible latitude within his legal authority in APPLICATION FOR PERMISSION TO COMMENCE
actions for quo warranto, circumscribed only by the ACTION
national interest and the government policy on the Upon application for permission to commence such
matter at hand. (Republic v Sereno) action in accordance with the next preceding section,
the court shall direct that notice be given to the
respondent so that he may be heard in opposition
thereto; and if permission is granted, the court shall

issue an order to that effect, copies of which shall be ACTION FILED BY ACTION FILED BY
served on all interested parties, and the petition shall PRIVATE INDIVIDUAL SOLGEN OR PUBLIC
then be filed within the period ordered by the court. (5a) PROSECUTOR
necessary for the petitioner not necessary that there be
SECTION 5. WHEN AN INDIVIDUAL MAY to prove his right to the a person claiming office
COMMENCE SUCH AN ACTION. office in dispute; or else the alleged to be usurped; it is
court will not pass on the the duty of the court to pass
A person claiming to be entitled to a public office or
right of defendant to office upon the RIGHT OF THE
position usurped or unlawfully held or exercised by
DEFENDANT ONLY
another may bring an action therefor in his own name.
(6)
SECTION 7. VENUE.
An action under the preceding six sections can be
Upon application for permission to commence such
brought only in the Supreme Court, the Court of
action in accordance with the next preceding section,
the Court shall: Appeals, or in the Regional Trial Court exercising
➢ direct that notice be given to respondent so that jurisdiction over the territorial area where the
he may be heard in opposition respondent or any of the respondents resides, but when
the Solicitor General commences the action, it may be
If permission is GRANTED: brought in a Regional Trial Court in the City of Manila, in
➢ court shall issue an order to that effect, served the Court of Appeals, or in the Supreme Court. (8a)
to the parties
➢ petition shall be filed within the period ordered commenced by a person commenced by the
by the court or public prosecutor Solicitor General
⁃ Supreme Court ⁃ Supreme Court
SECTION 6. PARTIES AND CONTENTS OF ⁃ Court of Appeals ⁃ Court of Appeals
PETITION AGAINST USURPATION ⁃ RTC where the ⁃ RTC MANILA
When the action is against a person for usurping a respondent/s resides
public office, position or franchise, the petition shall set
forth the name of the person who claim to be entitled A petition for quo warranto, contesting the election
thereto, if any, with an averment of his right to the same of the President or VP on the ground of ineligibility
and that the respondent is unlawfully in possession or disloyalty to the Republic may be filed by any
thereof. All persons who claim to be entitled to the registered voter who has voted in the election
public office, position or franchise may be made parties, concerned within 10 days after the proclamation of
and their respective rights to such public office, position the winner.
or franchise determined, in the same action. (7a)
This is subject to the hierarchy of courts.
Who may be made respondents: all persons who
claim to be entitled to the public office, position or SECTION 8. PERIOD FOR PLEADINGS AND
franchise PROCEEDINGS MAY BE REDUCED; ACTION
GIVEN PRECEDENCE.
Contents of the petition: The court may reduce the period provided by these
1. name of the person who claims to be entitled Rules for filing pleadings and for all other proceedings
thereto in the action in order to secure the most expeditious
2. averment of his right to office/position/franchise determination of the matters involved therein
3. allegation that respondent is unlawfully in consistent with the rights of the parties. Such action
possession thereof may be given precedence over any other civil matter
pending in the court. (9a)
Note:
➢ petitioner must aver and show that he is entitled General Rule: The court may extend the time to file
to the office in dispute. without such averment pleadings but not shorten them
or evidence of such right, the action may be
dismissed at any stage. Exception: in Quo Warranto proceedings
➢ in quo warranto, petitioner must that he is entitled Sec. 8 specifically provides that “the court may reduce
to the subject public office. the period for filing of the pleadings and all other

proceedings in the action to secure the most Rights of a person adjudged entitled to the office:
expeditious determination of the matters involved 1. after taking the oath of office, and executing any
therein consistent with the rights of the parties. official bond required by law, may take upon
himself the execution of the office
Such action may be given precedence over any other 2. demand the books and papers in respondent’s
civil matter pending in the court. custody or control appertaining to the office to
which the judgment relates
⁃ Subject to the PRINCIPLE OF HIERARCHY OF ⁃ if respondent neglects or refuses to comply
COURTS under Rule 65, Sec. 4 with the demand: contempt
3. bring an action for damages by reason of
SECTION 9. JUDGMENT WHERE USURPATION usurpation
FOUND ⁃ action for damages must be commenced
When the respondent is found guilty of usurping into, within 1 year after the entry of judgment
intruding into, or unlawfully holding or exercising a establishing petitioner’s right to the office in
public office, position or franchise, judgment shall be question
rendered that such respondent be ousted and
altogether excluded therefrom, and that the petitioner SECTION 11. LIMITATIONS
or relator, as the case may be, recover his costs. Such Nothing contained in this Rule shall be construed to
further judgment may be rendered determining the authorize an action against a public officer or employee
respective rights in and to the public office, position or for his ouster from office unless the same be
franchise of all the parties to the action as justice commenced within one (1) year after the cause of such
requires. (10a) ouster, or the right of the petitioner to hold such office
or position, arose, nor to authorize an action for
if respondent if found GUILTY of usurping, intruding damages in accordance with the provisions of the next
into, or unlawfully holding or exercising a public office, preceding section unless the same be commenced
position, or franchise: within one (1) year after the entry of the judgment
1. judgment shall be rendered that such respondent establishing the petitioner's right to the office in
be ousted and altogether excluded therefrom question. (16a)
2. and that petitioner or relator recover his costs
3. further judgment may be rendered: determining General Rule: an action against a public officer or
the respective rights in and to the public office, employee for his ouster from office must be
position, or franchise of all parties to the action as commenced within 1 year after the cause of such
justice requires ouster of the right of the petitioner to hold such office
or position arose
SECTION 10. RIGHTS OF PERSONS ADJUDGED
ENTITLED TO PUBLIC OFFICE; DELIVERY OF Reason: it is not proper that the title to public office
BOOKS AND PAPERS; DAMAGES. should be subjected to continued uncertainty, and that
If judgment be rendered in favor of the person averred the people’s interest requires that such right should be
in the complaint to be entitled to the public office he may, determined as speedily as practicable (Cuyo v City
after taking the oath of office and executing any official Mayor, 1957)
bond required by law, take upon himself the execution
of the office, and may immediately thereafter demand of NB: periods within which quo warranto should be
the respondent all the books and papers in the brought are condition precedent to the existence of a
respondent's custody or control appertaining to the cause of action
office to which the judgment relates. If the respondent
Exception: where the failure of petitioner to seek
refuses or neglects to deliver any book or paper
redress from courts was due to the continued promise
pursuant to such demand, he may be punished for
of the government officials concerned which led him to
contempt as having disobeyed a lawful order of the
bide his time and wait for the Office of the President to
court. The person adjudged entitled to the office may
comply with its commitments, the 1 year period was not
also bring action against the respondent to recover the
applied. (Cristobal v Melchor, 1977)
damages sustained by such person by reason of the
usurpation. (15a)

Interruption of the period: Filing of the petition
suspends the 1 year period (Mendiola v Tancinco,
1960)
Not interrupted: filing of administrative remedy, since

quo warranto requires that the right to public office
should be determined as speedily as possible. (Palma-
Fernandez v De La Paz, 1988)
Quo Warranto against Corporations

⁃ may be brought only against a de facto
corporation, not a de jure corporation
⁃ a de jure corporation has no defect because it
was organized in full compliance with the law
⁃ Quo Warranto against corporations with regards
to franchises and rights granted to them, as well
as dissolution now falls under the jurisdiction of
the RTC (SEC Sec 5.2)
SECTION 12. JUDGMENT FOR COSTS

In an action brought in accordance with the provisions
of this Rule, the court may render judgment for costs
against either the petitioner, the relator, or the
respondent, or the person or persons claiming to be a
corporation, or may apportion the costs, as justice
requires. (17a)
The court may render judgment for costs against the

petitioner, relator, respondent, or the person/s claiming
to be a corporation, or may apportion as justice
requires.

Expropriation Atty. Senga
RULE 67 Two stages of Expropriation Proceedings:
EXPROPRIATION 1. Determination of the authority of the plaintiff
to exercise the power of eminent domain and
EMINENT DOMAIN propriety of its exercise in the context of the
facts involved in the suit
- Power of the nation or sovereign state to take,
2. Determination by the Court of the just
or to authorize the taking of private property
compensation for the property sought to be
for a public use without the owner’s consent,
taken
conditioned upon payment of just
3. Another view that there is a 3rd stage: process
compensation.
- Inseparable from sovereignty being essential is not complete until payment of just
compensation (Abad v. Fil-Homes)
to the existence of the State and inherent in
government (Municipality of Cordova v.
Elements of taking: (EMA-PO)
Pathfinder Development, 2016)
1. Expropriator must enter a private property
Requisites for the valid exercise of the right: 2. The entrance into the private property must
be for more than a momentary period
1. There must be due process of law
3. The entry into the property should be under
2. Payment of Just Compensation
warrant or color of legal authority
3. Taking must be for Public Use
4. The property must be devoted to a public use
or otherwise informally appropriated or
Expropriation
- Procedure to be observed in the exercise of injuriously affected
5. The utilization of the property for public use
the right of eminent domain
must be in such a way to oust the owner and
- Must be for public use or benefit (Republic v.
deprive him of all beneficial enjoyment of the
Baylosis, 1955)
property.
Jurisdiction
There is taking when:
RTC, incapable of pecuniary estimation
1. Owner is actually deprived or disposed of his
- It deals with the exercise by the government
property
of its authority and right to take property for
2. Practical destruction or material impairment of
public use.
the value of his property
Concept of Public Use 3. Owner is deprived of the ordinary use of his
property
- Public usefulness, utility, or advantage, or
4. Owner is deprived of jurisdiction, supervision
what is productive of the general benefit, so
and control of his property (Republic v
that any appropriation of private property by
Sarabia, 2005)
the State under its right of eminent domain,
for purposes of great advantage to the
Essential Requisites for the Local Government
community, is a taking for public use (Reyes
Unit to validly exercise Eminent Domain: (OPPO)
v NHA, 2003)
1. There is an ORDINANCE enacted by the local
- The expropriator should commit to use the
legislative unit authorizing the local chief
property pursuant to the purpose stated in the
executive to exercise the power of eminent
petition for expropriation filed, failing w/c, it
should file ANOTHER PETITION FOR THE domain
- Resolution is not enough
NEW PURPOSE. If not, it is then incumbent
2. Power is exercised for PUBLIC USE,
upon the expropriator to RETURN said
purpose, or welfare for the benefit of the poor
property to its private owner, if the latter
or landless
desires to reacquire the same (Republic v.
3. Payment of JUST COMPENSATION
Heirs of Borbon)
4. VALID AND DEFINITE OFFER has been
previously made to the owner of the property
Expropriation is proper:
but said offer was not accepted
1. When the owner refuses to sell
2. When he agrees to sell but an agreement as
to the price cannot be reached

ORDINANCE RESOLUTION a) appears to be in the Republic of
merely a the Philippines, although occupied
DECLARATION or by private individuals, or
a LAW sentiment or opinion of b) if the title is otherwise obscure or
a law making body on a doubtful so that the plaintiff
specific matter cannot with accuracy or certainty
Possesses a general specify who are the real owner,
and permanent Temporary in nature averment to that effect shall be made in the complaint.
character
No such requirement Note:
unless decided 》 where the right of plaintiff to expropriate is
A 3rd reading is
otherwise by a majority conferred by law, the complaint does not have to
necessary
of all the Sangguniang state with certainty the right of expropriation
members 》 ACTUAL FILING OF THE COMPLAINT FOR
EXPROPRIATION BINDS THE LAND, not mere
Limitations of the Eminent Domain Powers of the notice of intent to expropriate (Republic v
Local Government Baylosis, 1955)
1. Order of priority in acquiring the lands for
socialized housing All properties can be expropriated except:
2. Resort to expropriation should be made only 1. Money
after other modes of acquisition are - Futile, because of just compensation
exhausted 2. Choses in action
- Conjectural in nature; validity and its
SECTION 1. THE COMPLAINT value
Section 1. The complaint. — The right of eminent domain
shall be exercised by the filing of a verified complaint Note:
which shall state with certainty the right and purpose of 》 Property for public use may be expropriated.
expropriation, describe the real or personal property 》 Despite filing of the action, owner may still sell.
sought to be expropriated, and join as defendants all The grantee would merely be substituted in his
persons owning or claiming to own, or occupying, any place and shall only hold the land subject to the
part thereof or interest therein, showing, so far as results of the action (Tuason, Jr. v. De Asis, 1960)
practicable, the separate interest of each defendant. If 》 The RIGHT OF WAY EASEMENT resulting in a
the title to any property sought to be expropriated restriction or limitation on property rights over the
appears to be in the Republic of the Philippines, land traversed by transmission lines also falls
although occupied by private individuals, or if the title is w/in the ambit of the term “expropriation” (NPC v.
otherwise obscure or doubtful so that the plaintiff Sala Loro vda de Capin)
cannot with accuracy or certainty specify who are the
real owners, averment to that effect shall be made in SECTION 2. ENTRY OF PLAINTIFF UPON
the complaint. (1a) DEPOSITING VALUE WITH AUTHORIZED
GOVERNMENT DEPOSITARY
Contents of Verified Complaint Upon the filing of the complaint or at any time thereafter
1. right and purpose of expropriation and after due notice to the defendant, the plaintiff shall
2. describe the real or personal property sought have the right to take or enter upon the possession of
to be expropriated, and the real property involved if he deposits with the
3. join as defendants all persons owning or authorized government depositary an amount
claiming to own, or occupying, any part equivalent to the assessed value of the property for
thereof or interest therein, showing, so far as purposes of taxation to be held by such bank subject to
practicable, the separate interest of each the orders of the court. Such deposit shall be in money,
defendant. unless in lieu thereof the court authorizes the deposit of
4. If the title to any property sought to be a certificate of deposit of a government bank of the
expropriated:
Republic of the Philippines payable on demand to the
authorized government depositary.

2. Personal Property - provisionally
If personal property is involved, its value shall be ascertained and the amount to be deposited
provisionally ascertained and the amount to be shall be promptly fixed by the court.
deposited shall be promptly fixed by the court.
Note: System of deposit is not applicable in cases
After such deposit is made the court shall order the involving National Government Infrastructure Projects
sheriff or other proper officer to forthwith place the (NGIPs) as RA 8974 supersedes the system of deposit
plaintiff in possession of the property involved and under Rule 67 with the scheme of “immediate
payment” in cases involving NCIPs. (Republic v
promptly submit a report thereof to the court with
Gingoyon, 2005)
service of copies to the parties. (2a)
IF THE STATE IS THE EXPROPRIATOR – it is not

necessary for it to make a deposit upon its taking
filing of the complaint or at any time thereafter of possession of the condemned property
AND - Compensation is a public charge
after due notice to the defendant - Good faith of the public is pledged for
payment, and
- That all the resources of taxation may be
employed in raising the amount
(Acuna v. Arroyo, 1989)
payment of PRELIMINARY DEPOSIT
with the authorized government depositary Dual Purpose of Preliminary Deposit
1. To provide damages if the court finds that the
- plaintiff shall have the right to take or enter upon the plaintiff has no right to expropriate, and
possession of the real property - 2. Advance payment for just compensation, if
property is finally expropriated
》 Preliminary deposit is ONLY NECESSARY if the

plaintiff DESIRES ENTRY ON THE LAND upon
WRIT OF POSSESSION its institution of the action, otherwise, it could
COURT shall order the SHERIFF or other proper officer:
- to place plaintiff in possessioon of the property AND always wait until the order of expropriation is
-submit a report to the court issued BEFORE it enters upon the land.
-with service of copies to the parties 》 If the amount deposited bears interest: owner is
entitled to the same since it constitutes civil fruits
or accession of the principal object, that is deposit
FORM OF DEPOSIT: in money in favor of the owner in the expropriation account.
Exception: unless in lieu thereof the court
authorizes the deposit of a certificate of deposit Requisites for authorizing immediate entry
of a government bank of the Republic of the 1. Filing of a complaint for expropriation
Philippines payable on demand to the authorized sufficient in form and substance AND
government depositary. 2. Deposit of the amount equivalent to the
assessed value of the property to be
AMOUNT OF PRELIMINARY DEPOSIT: expropriated based on its current tax
1. Real Property - amount equivalent to the declaration
assessed value of the property for purposes
of taxation (assessed value in tax return) to Once preliminary deposit has been made:
be held by such bank subject to the orders of - the expropriator is entitled to a WRIT OF
the court. POSSESSION as a MATTER OF RIGHT
→ If LGU is expropriating the property- - issuance of the writ becomes a MINISTERIAL
only 15% of the FAIR MARKET DUTY for the COURT
VALUE4 based on tax declaration is (Biglang-Awa v Bacalla, 2000)
required to be deposited
4
FMV at the time of TAKING

》 it would be premature to order the withdrawal of to the taking of his property, he shall serve his answer
the deposit before the damages resulting from the within the time stated in the summons. The answer
owner’s dispossession of the property shall have shall specifically designate or identify the property in
been determined and adjudicated, because it which he claims to have an interest, state the nature and
would unjustly deprive them of this legal extent of the interest claimed, and adduce all his
safeguard for the payment of their damages in objections and defenses to the taking of his property. No
case they are finally held to have the right to counterclaim, cross-claim or third-party complaint
collect such damages in the same proceedings shall be alleged or allowed in the answer or any
(Republic v Baylosis) subsequent pleading.
RA No. 8974 – special law to facilitate acquisition of A defendant waives all defenses and objections not so
right of way, site, or location for National Government alleged but the court, in the interest of justice, may
Infrastructure Projects.
permit amendments to the answer to be made not later
than ten (10) days from the filing thereof. However, at
SECTION 2, RULE 67 RA 8974
the trial of the issue of just compensation whether or
Application
not a defendant has previously appeared or answered,
Expropriation in general Only when the National
he may present evidence as to the amount of the
Government
compensation to be paid for his property, and he may
expropriates property for
share in the distribution of the award. (n)
NGIPs
For a writ of possession to issue
Defendant shall be served with SUMMONS.
Government is required Government is required
to make an initial deposit to make IMMEDIATE
Who is an Owner?
PAYMENT to the owner
= all those who have lawful interest in the property to
upon filing of the
be condemned, including a mortgagee, lessee and
complaint
vendee in possession under an executory contract.
Amount of payment / deposit
= every person having an estate or interest at law or in
Equal to assessed value Equal to the MARKET
equity in the land taken is entitled to a share in the
of the property for VALUE of the property
award.
purposes of taxation as stated in the TAX
DECLARATION or
Objections
100% of the value of the
1. If a defendant has no objection or defense to
property based on the
the action or the taking of his property:
current relevant zonal
a. he may file and serve a notice of
value of the BIR,
appearance and a manifestation to
whichever is higher, and
that effect, specifically designating or
the value of the
identifying the property in which he
improvements and/or
claims to be interested, within the time
structures using
stated in the summons.
replacement cost
b. Thereafter, he shall be entitled to notice
method
of all proceedings affecting the same.
2. If a defendant has any objection to the filing
SECTION 3. DEFENSES AND OBJECTIONS of or the allegations in the complaint, or any
If a defendant has no objection or defense to the action objection or defense to the taking of his
or the taking of his property, he may file and serve a property:
notice of appearance and a manifestation to that effect, - he shall serve his answer within the
specifically designating or identifying the property in time stated in the summons.
which he claims to be interested, within the time stated
in the summons. Thereafter, he shall be entitled to CONTENTS OF THE ANSWER:
notice of all proceedings affecting the same. 1. designate or identify the property in which he
claims to have an interest,
If a defendant has any objection to the filing of or the 2. nature and extent of the interest claimed, and
allegations in the complaint, or any objection or defense

3. all his objections and defenses to the taking of his After the rendition of such an order, the plaintiff shall
property. not be permitted to dismiss or discontinue the
proceeding except on such terms as the court deems
Rule: A defendant waives all defenses and objections just and equitable. (4a)
not so alleged
Court may issue an order of expropriation declaring
But: IN THE INTEREST OF JUSTICE, the court may that the plaintiff has a lawful right to take the
permit amendments to the answer to be made not property sought to be expropriated (for public
later than ten (10) days from the filing thereof. purpose, upon payment of just compensation
determined from the date of taking of the property or
In the determination of just compensation: whether the filing of the complaint whichever came first) if:
or not a defendant has previously appeared or 1. the objections to and the defenses against the
answered, he may present evidence as to the right of the plaintiff to expropriate the property
amount of the compensation to be paid for his are overruled, or
property, and he may share in the distribution of 2. when no party appears to defend as required
the award. by this Rule
Motion to dismiss is not permitted in a complaint AFTER THE RENDITION OF SUCH ORDER: plaintiff
for expropriation. Any objection or defense to the shall not be permitted to dismiss or discontinue
taking of the property of a defendant must be set forth the proceeding EXCEPT on such terms as the court
in an answer. (Masikip v City of Pasig, 2006) deems just and equitable
No counterclaim, cross-claim or third-party APPEAL

complaint shall be alleged or allowed in the answer or - A final order sustaining the right to expropriate the
any subsequent pleading. property may be appealed by any party
Reason: expediency aggrieved thereby.
- shall not prevent the court from determining
Can a defendant be declared in default? No. Failure the just compensation to be paid.
to file an answer would result to the court’s judgment - MULTIPLE APPEALS IS PERMITTED IN
on the right to expropriate without prejudice to the EXPROPRIATION:
RIGHT TO PRESENT EVIDENCE ON THE JUST - Appeal may be taken from an order
COMPENSATION AND TO SHARE IN THE authorizing expropriation and
DISTRIBUTION OF THE AWARD - Another appeal on the judgment on the just
compensation to be paid
SECTION 4. ORDER OF EXPROPRIATION - REGLEMENTARY PERIOD: 30 days
Section 4. Order of expropriation. — If the objections to - Record on appeal shall be required for each
and the defenses against the right of the plaintiff to permissible appeals
expropriate the property are overruled, or when no
party appears to defend as required by this Rule, the SECTION 5. ASCERTAINMENT OF
court may issue an order of expropriation declaring that COMPENSATION
the plaintiff has a lawful right to take the property Upon the rendition of the order of expropriation, the
sought to be expropriated, for the public use or purpose court shall appoint not more than three (3) competent
described in the complaint, upon the payment of just and disinterested persons as commissioners to
compensation to be determined as of the date of the ascertain and report to the court the just compensation
taking of the property or the filing of the complaint, for the property sought to be taken. The order of
whichever came first. appointment shall designate the time and place of the
first session of the hearing to be held by the
A final order sustaining the right to expropriate the commissioners and specify the time within which their
property may be appealed by any party aggrieved report shall be submitted to the court.
thereby. Such appeal, however, shall not prevent the
court from determining the just compensation to be Copies of the order shall be served on the parties.
paid. Objections to the appointment of any of the
commissioners shall be filed with the court within ten

(10) days from service, and shall be resolved within Formula for the determination of Just
thirty (30) days after all the commissioners shall have Compensation
received copies of the objections. (5a) JC – just compensation
FMV – fair market value
COMMISSIONERS CD – consequential damages
CB – consequential benefits
When: upon the rendition of the order of expropriation
Who: the COURT shall appoint not more than three Just Compensation = Fair Market Value +
(3) competent and disinterested persons as Consequential Damages – Consequential Benefits
commissioners
Purpose: to ascertain and report to the court the just JC = FMV + CD - CB
compensation for the property sought to be taken.
If Consequential Benefit is MORE than Consequential
Objections to the appointment of any of the Damages: (CB > CD)
commissioners:
Where: filed with the COURT JC = FMV
When: within ten (10) days from service
Resolution: within thirty (30) days after all the in no case shall the consequential benefits
commissioners shall have received copies of the assessed exceed the consequential damages
objections. assessed, or the owner be deprived of the actual value
of his property so taken. (Section 6)
Contents of order of appointment:
- shall designate the time and place of the first Note: Sentimental value not computed.
session of the hearing to be held by the
commissioners and Inverse Condemnation
- specify the time within which their report shall be - Action to recover just compensation from the
submitted to the court. State differs from the action to recover
damages. It has the objective to recover the
Copies of the order shall be served on the parties. value of the property taken even though no
formal exercise of the power of eminent
Just Compensation domain has been attempted. (NPC v Heirs of
- full and fair equivalent for the loss sustained Macabangkit, 2011)
by the defendant
- equivalent to the FAIR MARKET VALUE5 of Reverse Expropriation
the property AT THE TIME OF THE TAKING - Just compensation should be reckoned as of
OR FILING OF THE COMPLAINT, whichever the time of the taking, even if apparently
comes first unjust. Landowner however will be
- “just” is used to convey the idea that the compensated by interest exemplary damages
equivalent to be rendered for the property to and attorney’s fees. (Sec of DPWH v Tecson,
be taken shall be real, substantial, full and 2015)
ample; it also means it should be paid w/o - Judgment should provide for the payment of
delay legal interest as a matter of law from the time
- Just compensation is the correct the Government
determination of the amount to be paid to the
owner and payment within reasonable time ( Assessed Value fixed by Assessors NOT prima
within 5 years from finality of the judgment) facie evidence of market value
(Republic v Lim, 2005) If assessment is made based on the sworn
statement by the OWNER:
- Assessed value is PRIMA FACIE evidence of
the actual value of the property
5
Fair value of the property, as between one who receives and one who desires
to sell it, fixed at the time of actual taking by the government.

If the assessment value is fixed by the provincial 1. Evidence may be introduced by either party
assessor: before the commissioners who are authorized
- Valuation not binding on the landowners to administer oaths on hearings before them,
- Cannot be considered prima facie evidence of 2. and the commissioners shall:
the market value of the property sought to be - after due notice to the parties,
expropriated - to attend, view and examine the property
sought to be expropriated and its
NOTE: the appointment of commissioners to ascertain surroundings, and may measure the
just compensation for the property sought to be taken same,
is a MANDATORY REQUIREMENT in expropriation - after which either party may, by himself
cases. Where the principal issue is the determination or counsel, argue the case.
of just compensation, a hearing before the - UNLESS, The parties consent to the
commissioner is indispensable to allow the parties to contrary
present evidence on the issue of just compensation. 3. The commissioners shall assess the
consequential damages to the property not
SECTION 6. PROCEEDINGS BY taken and deduct from such consequential
COMMISSIONERS. damages the consequential benefits to be
Section 6. Proceedings by commissioners. — Before derived by the owner from the public use or
entering upon the performance of their duties, the purpose of the property taken, the operation
commissioners shall take and subscribe an oath that of its franchise by the corporation or the
they will faithfully perform their duties as carrying on of the business of the corporation
commissioners, which oath shall be filed in court with or person taking the property.
- Note: in no case shall the consequential
the other proceedings in the case. Evidence may be
benefits assessed exceed the
introduced by either party before the commissioners
consequential damages assessed, or
who are authorized to administer oaths on hearings
the owner be deprived of the actual
before them, and the commissioners shall, unless the
value of his property so taken.
parties consent to the contrary, after due notice to the
parties, to attend, view and examine the property
As enumerated in the memaid: >.<
sought to be expropriated and its surroundings, and 1. Unless the parties consent to the contrary,
may measure the same, after which either party may, by Commissioners shall view and examine the
himself or counsel, argue the case. The commissioners property sought to be expropriated and its
shall assess the consequential damages to the surroundings, and may measure the same
property not taken and deduct from such consequential 2. Assess the consequential damages to the
damages the consequential benefits to be derived by property not taken and deduct such damages
the owner from the public use or purpose of the from the consequential benefits derived from
property taken, the operation of its franchise by the the owner
corporation or the carrying on of the business of the 3. Report to the court its findings as to the just
corporation or person taking the property. But in no compensation of the property sought to be
case shall the consequential benefits assessed exceed expropriated
the consequential damages assessed, or the owner be
deprived of the actual value of his property so taken. Note: This is different from trial by commissioners
(6a) under Rule 32, ROC because the latter’s appointment
is merely DISCRETIONARY.
Duties of the Commissioner
Trial before Commissioners in this case is
Before entering upon the performance of their
INDISPENSABLE
duties, the commissioners shall:
General Rule: Where the principal issue is the
1. take and subscribe an oath that they will
determination of just compensation a trial before the
faithfully perform their duties as
commissioners is indispensable to allow the parties to
commissioners,
present evidence on the issue of just compensation.
2. oath shall be filed in court with the other
proceedings in the case.
During trial:

As such, appointment of commissioners is 1. report shall be filed within sixty (60) days
MANDATORY and cannot be dispensed with. (Meralco from notice of appointment,
v Pineda, 1992) - which time may be extended in the
discretion of the court.
Exception: Where the parties presented, their 2. It shall not be effectual until the court shall
respective positions in the eminent domain have accepted their report and rendered
proceedings, and the defendants were in conformity judgment in accordance with their
with the reasonable price of their property, and that the recommendations.
court’s finding as to said reasonable price was based 3. the clerk of the court shall serve copies thereof
on evidence, the findings of fact of the that court shall on ALL INTERESTED PARTIES, with notice
not be disturbed on appeal unless a clear error or grave that they are allowed ten (10) days within
abuse of discretion has been demonstrated {City Gov’t which to file objections to the findings of the
of Toledo City v. Fernandos, 1988) report, if they so desire.
SECTION 7. REPORT BY COMMISSIONERS AND Findings of the Commissioners may be disregarded

JUDGMENT THEREUPON. and the Court may substitute its own estimate of the
The court may order the commissioners to report when value but the latter may only do so for a valid reason
any particular portion of the real estate shall have been and based on the evidence gathered. (Meralco v
passed upon by them, and may render judgment upon Pineda, 1992)
such partial report, and direct the commissioners to
proceed with their work as to subsequent portions of SECTION 8. ACTION UPON
the property sought to be expropriated, and may from COMMISSIONERS' REPORT
time to time so deal with such property. The Upon the expiration of the period of ten (10) days
commissioners shall make a full and accurate report to referred to in the preceding section, or even before the
the court of all their proceedings, and such proceedings expiration of such period but after all the interested
shall not be effectual until the court shall have accepted parties have filed their objections to the report or their
their report and rendered judgment in accordance with statement of agreement therewith, the court may, after
their recommendations. Except as otherwise expressly hearing, accept the report and render judgment in
ordered by the court, such report shall be filed within accordance therewith, or, for cause shown, it may
sixty (60) days from the date the commissioners were recommit the same to the commissioners for further
notified of their appointment, which time may be report of facts, or it may set aside the report and appoint
extended in the discretion of the court. Upon the filing of new commissioners; or it may accept the report in part
such report, the clerk of the court shall serve copies and reject it in part and it may make such order or
thereof on all interested parties, with notice that they render such judgment as shall secure to the plaintiff the
are allowed ten (10) days within which to file objections property essential to the exercise of his right of
to the findings of the report, if they so desire. (7a) expropriation, and to the defendant just compensation
for the property so taken. (8a)
The COURT MAY ORDER the commissioners to
report: when any particular portion of the real estate Actions available to the court (ARSP)
shall have been passed upon by them. 1. After expiration of the period of ten (10) days
It and may render judgment upon such partial report, referred to in the preceding section, or
and direct the commissioners to proceed with their 2. even before the expiration of such period but
work as to subsequent portions of the property after all the interested parties have filed their
sought to be expropriated, and may from time to time objections
so deal with such property.
the court may, after hearing:
The commissioners shall make a full and accurate 1. accept the report and render judgment in
report to the court of all their proceedings, and such accordance therewith, or,
proceedings 2. for cause shown, it may recommit the same to
the commissioners for further report of facts,
Except as otherwise expressly ordered by the or
court: 3. set aside the report and appoint new
commissioners; or

4. accept the report in part and reject it in part expropriation case. (Heirs of Pacres v Heirs of
5. AND it may make such order or render such Ygona, 2010)
judgment as shall secure to the plaintiff the 》 Court may determine the issue of ownership but
property essential to the exercise of his right only for the purpose of determining who is entitled
of expropriation, and to the defendant just to just compensation. (Republic v Tatad, 2013)
compensation for the property so taken.
SECTION 10. RIGHTS OF PLAINTIFF AFTER
Nature of order fixing compensation JUDGMENT AND PAYMENT.
The order fixing just compensation on the basis of Upon payment by the plaintiff to the defendant of the
evidence before, and findings of, the commissioners
compensation fixed by the judgment, with legal interest
would be FINAL. Thus, a dissatisfied party may seek
thereon from the taking of the possession of the
the reversal of the order by APPEAL. (Municipality of
property, or after tender to him of the amount so fixed
Binan v Garcia, 1989)
and payment of the costs, the plaintiff shall have the
right to enter upon the property expropriated and to
SECTION 9. UNCERTAIN
appropriate it for the public use or purpose defined in
OWNERSHIP; CONFLICTING CLAIMS
the judgment, or to retain it should he have taken
If the ownership of the property taken is uncertain, or
immediate possession thereof under the provisions of
there are conflicting claims to any part thereof, the
section 2 hereof. If the defendant and his counsel absent
court may order any sum or sums awarded as
themselves from the court, or decline to receive the
compensation for the property to be paid to the court for
amount tendered, the same shall be ordered to be
the benefit of the person adjudged in the same
deposited in court and such deposit shall have the same
proceeding to be entitled thereto. But the judgment
effect as actual payment thereof to the defendant or the
shall require the payment of the sum or sums awarded
person ultimately adjudged entitled thereto. (10a)
to either the defendant or the court before the plaintiff
can enter upon the property, or retain it for the public
When will the right of the plaintiff to enter the
use or purpose if entry has already been made. (9a)
property sought to be expropriated or right to
retain it should have taken immediate possession
》 The trial court may decide conflicting claims of thereof accrue?
ownership in the same case.
》 If the: 1. Upon filing of the complaint, serving notice to the
a. ownership of the property taken is uncertain, defendant and after depositing the assessed
or value of property for taxation purposes with an
b. there are conflicting claims to any part authorized government depositary (Sec. 2)
thereof: 2. Upon payment by the plaintiff to the defendant of
- the court may order any sum or sums the compensation fixed by the judgment, with
awarded as compensation for the property to legal interest thereon from the taking of the
be paid to the court for the benefit of the possession of the property, or
person adjudged in the same proceeding to 3. after tender to him of the amount so fixed and
be entitled thereto. payment of the costs
- But the judgment shall:
a. require the payment of the sum or sums If the defendant and his counsel absent
awarded to either the defendant or the themselves from the court, or decline to receive the
court before the plaintiff can enter upon amount tendered: the same shall be ordered to be
the property, or deposited in court and such deposit shall have the
b. retain it for the public use or purpose if same effect as actual payment thereof to the
entry has already been made. defendant or the person ultimately adjudged entitled
》 The issue of ownership should be litigated in the thereto.
expropriation court.
》 Court hearing the expropriation case is Note: The owner of the property subject of the
empowered to entertain conflicting claims of condemnation proceedings is obliged to remove or
ownership of the condemned property and cancel any encumbrance on the property. It is but
adjudge the rightful owner thereof in the same right for the government to acquire the property
free from encumbrance. (Republic v PNB, 1961)

When will the title of the property be vested to the If the appellate court determines that plaintiff has
plaintiff? no right of expropriation: judgment shall be rendered
1. If personal property: ordering the Regional Trial Court to forthwith enforce
- Upon payment of just compensation (Rule the restoration to the defendant of the possession
67, Sec. 10) of the property, and to determine the damages
2. If real property: which the defendant sustained and may recover by
- Upon full payment of just compensation reason of the possession taken by the plaintiff.
and recording of the judgment in the
registry of deeds of the place in which the SECTION 12. COSTS, BY WHOM PAID.
property is situated (Rule 67, Sec. 13) The fees of the commissioners shall be taxed as a part
of the costs of the proceedings. All costs, except those
LBP is liable for the interest of the unpaid balance from of rival claimants litigating their claims, shall be paid by
the time the taking is completed. (LBP v Hababag, the plaintiff, unless an appeal is taken by the owner of
2016) the property and the judgment is affirmed, in which
event the costs of the appeal shall be paid by the owner.
Effects of non-payment of just compensation:
(12a)
General Rule: it does not entitle the landowner to
recover possession of the expropriated lot
All costs shall be paid by the plaintiff
Exception: in cases where the government failed to
Except:
pay just compensation within 5 years from the
1. Cost of rival claimants litigating their claims
finality of judgment, the owner shall have the right to
2. Appeal is taken by the owner of the property
recover possession of the property
and the judgment is affirmed, in which event
the costs of the appeal shall be paid by the
Rationale: the government cannot keep the property
owner.
and dishonor the judgment. The republic’s failure to
pay just compensation cannot but construed as a
The fees of the commissioners shall be taxed as a part
deliberate refusal to pay which makes the recovery of
of the costs of the proceedings.
possession in order.
SECTION 13. RECORDING JUDGMENT, AND ITS

SECTION 11. ENTRY NOT DELAYED BY
EFFECT
APPEAL; EFFECT OF REVERSAL
The judgment entered in expropriation proceedings
The right of the plaintiff to enter upon the property of the
shall state definitely, by an adequate description, the
defendant and appropriate the same for public use or
particular property or interest therein expropriated,
purpose shall not be delayed by an appeal from the
and the nature of the public use or purpose for which it
judgment. But if the appellate court determines that
is expropriated. When real estate is expropriated, a
plaintiff has no right of expropriation, judgment shall be
certified copy of such judgment shall be recorded in the
rendered ordering the Regional Trial Court to forthwith
registry of deeds of the place in which the property is
enforce the restoration to the defendant of the
situated, and its effect shall be to vest in the plaintiff the
possession of the property, and to determine the
title to the real estate so described for such public use
damages which the defendant sustained and may
or purpose. (13a)
recover by reason of the possession taken by the
plaintiff. (11a)
The judgment shall state:
1. an adequate description, the particular
A final order sustaining the right to expropriate the
property or interest therein expropriated, and
property may be appealed by any party aggrieved
2. the nature of the public use or purpose for
thereby. (Rule 67, Sec. 4, Par. 2)
which it is expropriated.
Appeal shall not delay the RIGHT OF THE PLAINTIFF
In case of real estate, a certified copy of such
TO ENTER upon the property of the defendant and
judgment shall be recorded in the registry of deeds of
appropriate the same for public use or purpose.
the place in which the property is situated.

Effect: the title to the real estate so described for such
public use or purpose shall be vested in the plaintiff.
SECTION 14. POWER OF GUARDIAN IN SUCH

PROCEEDINGS
The guardian or guardian ad litem of a minor or of a
person judicially declared to be incompetent may, with
the approval of the court first had, do and perform on
behalf of his ward any act, matter, or thing respecting
the expropriation for public use or purpose of property
belonging to such minor or person judicially declared to
be incompetent, which such minor or person judicially
declared to be incompetent could do in such
proceedings if he were of age or competent. (14a)
The guardian or guardian ad litem of a minor or of a

person judicially declared to be incompetent may, with
the approval of the court first had, do and perform on
behalf of his ward any act, matter, or thing
respecting the expropriation for public use or
purpose of property belonging to such minor or
person judicially declared to be incompetent, which
such minor or person judicially declared to be
incompetent could do in such proceedings if he
were of age or competent.
Expropriation (Rule 67) v Escheat (Rule 91)

EXPROPRIATION ESCHEAT
As to nature
Special civil action Special proceeding
As to purpose
Filed for the purpose of Intended to revert back
taking of private the property of the
property for public use decedent leaving no heir
to succeed or person by
law entitled to it
As to requirements of just compensation
JC required No such requirement
As to venue of action
RTC where the property RTC:
to be expropriated is 1. where the
located deceased last
resided or
2. if he is residing
outside the PH:
- where his
estate may be
found

Foreclosure of Real Estate Mortgage Atty. Senga
RULE 68 3) Third view =MTC
FORECLOSURE OF REAL ESTATE “title to, or possession of, real property, or for the
partition or expropriation of, or foreclosure of a
MORTGAGE
mortgage on real property (Barrido v. Nonato).”
Foreclosure of Mortgage Kinds of Foreclosure

= “termination of all rights of the mortgagor in the JUDICIAL EXTRAJUDICIAL
property covered by the mortgage. Denotes the FORECLOSURE FORECLOSURE
PROCEDURE adopted by the MORTGAGEE to
As to governing law
TERMINATE the rights of the MORTGAGOR on the
Rule 68 Act No. 3135, as
PROPERTY and includes the sale itself”
amended
As to necessity of court intervention
Contract of Real Mortgage ✓ 
= “a CONTRACT whereby the DEBTOR SECURES to Involves filing of an
the CREDITOR the fulfillment of a PRINCIPAL independent action
OBLIGATION, specially SUBJECTING to such security As to existence of right of redemption
IMMOVABLE PROPERTY or REAL RIGHTS OVER Only equity of ROR exists w/in 1 yr
IMMOVABLE PROPERTY in case the principal redemption (EOR) from the registration of
obligation is NOT COMPLIED W/ at the time stipulated” the certificate of sale in
There is ROE when the the Register of Deeds
Real Estate Mortgage mortgagee is a BANK
= “an ACCESSORY CONTRACT executed by a debtor As to action for deficiency judgment
in favor of a creditor as security for the principal ✓ No deficiency judgment
obligation” because there is no
→ Principal obligation is usually a simple loan or judicial proceeding but
mutuum recovery of deficiency is
allowed
Foreclosure As to manner of recovering deficiency
= “a remedy available to the MORTGAGEE by which Recovery can be done Through an
he SUBJECTS the MORTGAGED PROPERTY to the by mere MOTION INDEPENDENT
SATISFACTION of the OBLIGATION to SECURE that ACTION
for which the mortgage was given” As to redemption
There is an equity of There is a right of
Jurisdiction
redemption and no right redemption
Based on the VALUE OF THE PROPERTY
of redemption except
when the mortgagee is a
How to get? = declaration of the FMV as stated in the
banking institution
current tax declaration or zonal valuation of the
property
Alternative remedies of creditor; Splitting a Single
Cause of Action
1) First view = REAL ACTION; MTC or RTC
In case of default6, the creditor has the following
“title to, or possession of, real property, or any
remedies:
interest therein, depending on the assessed
(1) To file an action for COLLECTION OF SUM
value (Riano)”
OF MONEY; OR
(2) To FORECLOSE THE MORTGAGE, if one
2) Second view = INCAPABLE OF PECUNIARY
had been constituted
ESTIMATION; RTC
(Russell v. Vestil)
“OR” = single cause of action – to recover the debt
An election of the first, bars recourse to the second,
otherwise, there would be multiplicity of suits.
6
Default occurs when payment is not made after a valid demand,
unless the contract b/n the parties carries w/ it a stipulation that
demand is not necessary for default to arise

Pactum Commissorium (1) Date and due execution of the mortgage
= a stipulation empowering the creditor to appropriate (2) Its Assignment, if any
the thing given as guaranty for the fulfillment of the (3) Names and residences of the mortgagor and
obligation in the event the obligor fails to live up to his mortgagee
undertakings, w/o further formality, such as foreclosure
(4) Description of the mortgaged property
proceedings, and a public sale.
(5) Statement of the date of the note or other
documentary evidence of the Obligation
Elements:
secured by the mortgagor, the amount paid to
(1) There should be a property mortgaged by way
be claimed thereon
of security for the payment of principal
obligation (6) Names and residences of all persons having
(2) There should be stipulation for AUTOMATIC or claiming an interest in the property
APPROPRIATION by the creditor in the thing subordinate in right to that of the holder of the
mortgaged in case of non-payment of the mortgage, all of whom shall be made
principal obligation w/in the stipulated period. defendants in the action
Defendants in Judicial Foreclosure

SECTION 1. COMPLAINT IN ACTION FOR
(1) Persons obliged to pay the mortgage
FORECLOSURE
(2) Persons who own, occupy, or control the
Section 1. Complaint in action for foreclosure. — In an
mortgaged premises or any part thereof
action for the foreclosure of a mortgage or other
(3) Transferee/grantee of the property
encumbrance upon real estate, the complaint shall set
(4) Second mortgagee or junior encumbrancers
forth the date and due execution of the mortgage; its (5) Mortgagor even if the owner of the mortgaged
assignments, if any; the names and residences of the property should be included to satisfy
mortgagor and the mortgagee; a description of the deficiency judgment
mortgaged property; a statement of the date of the note
or other documentary evidence of the obligation Effect if Junior Encumbrancer is not impleaded
secured by the mortgage, the amount claimed to be (1) His equity of redemption is NOT affected or
unpaid thereon; and the names and residences of all barred by the judgment court because he is
persons having or claiming an interest in the property MERELY a NECESSARY PARTY
subordinate in right to that of the holder of the (2) The remedy of the SENIOR
mortgage, all of whom shall be made defendants in the ENCUMBRANCER is to file an
action. (1a) INDEPENDENT PROCEEDING TO
FORECLOSE THE RIGHT TO REDEEM by
A mortgagee may bring a PERSONAL ACTION for the requiring the junior encumbrancer to pay the
amount due, instead of foreclosure suit, in w/c case, he amount stated in the order of execution or to
WAIVED his right to foreclose in a foreclosure redeem the property at specified time
proceeding
If the first mortgagee is not joined as a party, he may
An UNREGISTERED REM may be foreclosed. file a COMPLAINT IN INTERVENTION. And even w/o
this intervention, his rights are protected inasmuch as
Causes of Action the mortgaged property remains subject to the lien.
(1) NON-PAYMENT OF THE MORTGAGE
LOAN SECTION 2. JUDGMENT ON FORECLOSURE FOR
- Foreclosure of REM presupposes PAYMENT OR SALE
that the debtor failed to pay his debt Section 2. Judgment on foreclosure for payment or
despite demand sale. — If upon the trial in such action the court shall find
the facts set forth in the complaint to be true, it shall
(2) BREACH OF OTHER CONDITIONS ascertain the amount due to the plaintiff upon the
- Foreclosure may be based on other mortgage debt or obligation, including interest and
grounds w/c under the contract other charges as approved by the court, and costs, and
warrant foreclosure shall render judgment for the sum so found due and
Contents of the Complaint order that the same be paid to the court or to the
(DANDON) judgment obligee within a period of not less than ninety

(90) days nor more than one hundred twenty (120) days to vest their rights in the purchaser, subject to such
from the entry of judgment, and that in default of such rights of redemption as may be allowed by law.
payment the property shall be sold at public auction to
satisfy the judgment. (2a) Upon the finality of the order of confirmation or upon the
expiration of the period of redemption when allowed by
Judgment on Foreclosure law, the purchaser at the auction sale or last
“it is the judgment of the court ordering the debtor to redemptioner, if any, shall be entitled to the possession
pay w/in 90-120 days from the entry of judgment after of the property unless a third party is actually holding
ascertaining the amount due to the plaintiff including the same adversely to the judgment obligor. The said
interest, other charges, and costs” purchaser or last redemptioner may secure a writ of
possession, upon motion, from the court which ordered
If, after trial, the court finds that the matters set forth in the foreclosure. (3a)
the complaint are true, it shall render a judgment
containing the ff matters:
Foreclosure Sale
(1) Ascertainment of the amount due to the
When the defendant fails to pay the amount of the
plaintiff upon the mortgage debt or obligation,
judgment w/in the specified period, the court, upon
including interest and other charges as
motion, shall order the property to be sold
approved by the court, as well as costs
(2) Judgement for the sum found due
The ORDER CONFIRMING FORECLOSURE SALE is
(3) Order that the amount found due be paid to
a FINAL DISPOSITION and may be challenged on
the court or to the judgment oblige w/in a
APPEAL
period of not less than 90 days nor more than
120 days from the entry of judgment
If the foreclosure sale does not push through as
(4) Admonition that, in default of such payment,
scheduled, there is a need for REPUBLICATION and
the property shall be sold at public auction to
REPOSTING OF THE NOTICE thereof
satisfy the judgment
Equity of Redemption
Judgment, being a FINAL ADJUDICATION, is
While there is no ROR in judicial foreclosure, there is
APPEALABLE
in favor of the mortgagor an EOR.
The PERIOD FOR PAYMENT of the mortgagor is a

“it is the right of the defendant mortgagor to extinguish
MANDATORY DIRECTIVE and constitutes a
the mortgage and retain ownership of the property by
substantive right of the mortgagor.
paying the secured debt w/in 90-120 days period
AFTER the judgment becomes FINAL, or even after
Presumption of Regularity
the foreclosure sale but PRIOR TO CONFIRMATION.”
Foreclosure proceedings enjoy such presumption.
Person who alleges the absence of such has the
EQUITY OF RIGHT OF
burden of proof
REDEMPTION REDEMPTION
As to governing law
SECTION 3. SALE OF MORTGAGED
Rule 68 Act No. 3135, Sec 6
PROPERTY; EFFECT
As to definition
Section 3. Sale of mortgaged property; effect. — When
right of the defendant Right granted to
the defendant, after being directed to do so as provided
mortgagor to extinguish mortgagor to reacquire
in the next preceding section, fails to pay the amount of the mortgage and retain property even AFTER
the judgment within the period specified therein, the ownership of the the CONFIRMATION
court, upon motion, shall order the property to be sold property by paying the OF SALE and the
in the manner and under the provisions of Rule 39 and secured debt w/in 90- REGISTRATION OF
other regulations governing sales of real estate under 120 days period AFTER CERTIFICATE OF
execution. Such sale shall not affect the rights of the judgment becomes SALE
persons holding prior encumbrances upon the property FINAL, or even after the
or a part thereof, and when confirmed by an order of the foreclosure sale but
court, also upon motion, it shall operate to divest the PRIOR TO
rights in the property of all the parties to the action and CONFIRMATION

As to period of redemption Rules on Notice
w/in 90-120 days period 1 year from date of (1) As to NOTICE OF SALE – mortgagor does
after the judgment registration of certificate not have the right to a notice of sale after
becomes final, or even of sale failure to pay debt because:
after the foreclosure a. Said notice is not litigable
sale but prior to b. Issuance is ministerial
confirmation
(2) As to NOTICE OF HEARING of the
The right of redemption in Rule 39 is pursuant to an CONFIRMATION OF SALE – however, the
EXECUTION SALE. It is not the same ROR of mortgagor is entitled to a notice of hearing of
MORTGAGED PROPERTY granted by Act No 3135. the confirmation of sale, otherwise, order is
void
General Rule: in judicial foreclosure, only equity of
redemption (EOR) DUE PROCESS requires that said notice be given so
that the mortgagor:
Exception: there is ROE when the mortgagee is a (1) Can resist the motion
BANK (2) Be informed that his right to redeem is cut-off
Effect of Failure to Redeem a TRANSFEREE of the PURCHASER or the WINNING

It extinguishes the mortgagor’s remaining interest in it. BIDDER may file an EX PARTE MOTION for the
issuance of WRIT OF POSSESSION
There is the CONSOLIDATION OF OWNERSHIP and
the ISSUANCE OF NEW CERTIFICATE OF TITLE in Remedy if Mortgagor Refuses to Vacate the
the purchaser’s name + purchaser can DEMAND Property
POSSESSION at any time as a result of his absolute Move for the issuance of a WRIT OF POSSESSION
ownership. Hence, it becomes the MINISTERIAL from the court that ordered the foreclosure.
DUTY to issue WRIT OF POSSESSION.
Such is a ministerial and complementary duty of the
In Judicial Foreclosure court to put an end of the litigation w/c the court can
General Rule: mortgagor has right to redeem property undertake even after the lapse of 5 days.
Period: w/in 1 yr from registration of deed of sale Being EX PARTE, no need to notify parties of the
proceedings.
Exception: when the mortgagor=JUDICIAL PERSON,
it shall have the ROR until, but not after, the registration However, the ex parte nature does not bar a separate
of the certificate of foreclosure sale with Register of case for ANNULMENT OF THE MORTGAGE and
Deeds w/c in no case shall be MORE THAN 3 FORECLOSURE SALE.
MONTHS after foreclosure, w/cever is earlier. (General
Banking Act of 2000) SECTION 4. DISPOSITION OF PROCEEDS OF
→ Cannot be made after lapse of 3 months SALE
Section 4. Disposition of proceeds of sale. — The
Note: The PENDENCY OF AN ACTION stops the amount realized from the foreclosure sale of the
running of the ROR and said right continues after mortgaged property shall, after deducting the costs of
perfection of APPEAL until the decision of the sale, be paid to the person foreclosing the
appeal. mortgage, and when there shall be any balance or
residue, after paying off the mortgage debt due, the
Order of Confirmation: before the order of same shall be paid to junior encumbrancers in the order
confirmation, even after the expiration of the period of of their priority, to be ascertained by the court, or if
equity, the debtor can still pay his debt there be no such encumbrancers or there be a balance
or residue after payment to them, then to the mortgagor
Effect of Confirmation: operates to divest title out of
or his duly authorized agent, or to the person entitled to
the former owner and vest it in the purchaser, subject
it. (4a)
to such rights of redemption as may be allowed by law

SECTION 5. HOW SALE TO PROCEED IN CASE
THE DEBT IS NOT ALL DUE Whereas, the judgment of foreclosure is QUASI IN
Section 5. How sale to proceed in case the debt is not all REM, therefore JURISDICTION OVER THE
due. — If the debt for which the mortgage or PROPERTY OF THE DEFENDANT is enough for the
encumbrance was held is not all due as provided in the court to acquire jurisdiction.
judgment as soon as a sufficient portion of the property
has been sold to pay the total amount and the costs due, Instances where court cannot render deficiency
judgment
the sale shall terminate; and afterwards as often as
(RND TE)
more becomes due for principal or interest and other
(1) Cases under Recto Law
valid charges, the court may, on motion, order more to
be sold. But if the property cannot be sold in portions (2) When the mortgagor is a Non-resident and is
without prejudice to the parties, the whole shall be not found in the PH because jurisdiction
cannot be acquired over his person
ordered to be sold in the first instance, and the entire
debt and costs shall be paid, if the proceeds of the sale (3) When the mortgagor Dies, the mortgagee
be sufficient therefor, there being a rebate of interest may file his claim w/ the probate court
where such rebate is proper. (5a) (4) If the mortgagor is a Third person but not
solidarily liable with the debtor
(5) In case of a mortgage debt due from the
SECTION 6. DEFICIENCY JUDGMENT
Estate of a deceased mortgagor and the
Section 6. Deficiency judgment. — If upon the sale of any
mortgage creditor availed of the 3rd remedy
real property as provided in the next preceding section
w/c is to rely upon his mortgage alone and
there be a balance due to the plaintiff after applying the
foreclosing the same w/in the statute of
proceeds of the sale, the court, upon motion, shall limitations
render judgment against the defendant for any such
balance for which, by the record of the case, he may be Deficiency not executed before death of MORTGAGE
personally liable to the plaintiff, upon which execution DEBTOR may be filed as a claim against the ESTATE.
may issue immediately if the balance is all due at the
time of the rendition of the judgment; otherwise; the The law gives the right of the MORTGAGEE to CLAIM
plaintiff shall be entitled to execution at such time as the FOR DEFICIENCY resulting from the price obtained in
balance remaining becomes due under the terms of the the sale of property at public auction.
original contract, which time shall be stated in the → The rule is based on the principle that the
judgment. (6a) mortgage is only a security and not a
satisfaction of the mortgagor’s entire
Deficiency Judgment obligation
“judgment rendered by the court holding the defendant SECTION 7. REGISTRATION

liable for any unpaid balance due to the mortgagee if Section 7. Registration. — A certified copy of the final
the proceeds from the foreclosure sale do not satisfy order of the court confirming the sale shall be
the entire debt” registered in the registry of deeds. If no right of
redemption exists, the certificate of title in the name of
The deficiency judgment can be the subject of APPEAL the mortgagor shall be cancelled, and a new one issued
in the name of the purchaser.
If the BALANCE IS ALL DUE at the time of rendition of
the judgment, the EXECUTION is IMMEDIATELY Where a right of redemption exists, the certificate of
EXECUTORY.
title in the name of the mortgagor shall not be cancelled,
but the certificate of sale and the order confirming the
Otherwise, the plaintiff shall be entitled to execution at
sale shall be registered and a brief memorandum
such time as the balance remaining becomes due
thereof made by the registrar of deeds upon the
under the terms of the original contract, which time
certificate of title. In the event the property is redeemed,
shall be stated in the judgment
A deficiency judgment is, by nature, IN PERSONAM the deed of redemption shall be registered with the
and JURISDICTION OVER THE PERSON is registry of deeds, and a brief memorandum thereof
mandatory. shall be made by the registrar of deeds on said
certificate of title.

If the property is not redeemed, the final deed of sale

executed by the sheriff in favor of the purchaser at the
foreclosure sale shall be registered with the registry of
deeds; whereupon the certificate of title in the name of
the mortgagor shall be cancelled and a new one issued
in the name of the purchaser. (n)
When Title Acquired

Upon FINALITY of the CONFIRMATION OF SALE
CERTIFICATE OF SALE cannot be registered w/o the

final order confirming the sale
Provisional Remedies Available to Mortgagee in

Case of Foreclosure
(1) Preliminary attachment of properties of the
debtor covered by the mortgage
(2) Receivership of mortgaged property when the
grounds provided in the Rules exist
SECTION 8. APPLICABILITY OF OTHER

PROVISIONS
Section 8. Applicability of other provisions. — The
provisions of sections 31, 32 and 34 of Rule 39 shall be
applicable to the judicial foreclosure of real estate
mortgages under this Rule insofar as the former are not
inconsistent with or may serve to supplement the
provisions of the latter. (8a)
(1) Manner of using the premises pending

redemption restrains the commission of waste
on the property by injunction (Sec 31)
(2) Rents, earnings, and income of property
ending redemption shall belong to judgment
obligor (Sec 32)
(3) Recovery of price if sale is not defective,
revival of judgment (Sec 34)

Partition Atty. Senga
RULE 69 Contents of a Complaint
PARTITION (1) Nature and extent of his title
(2) Join as defendants all other persons
interested in the property
Partition
(3) Adequate description of the real estate of
→ “the separation, division and assignment of a which partition is demanded
thing held in common among those to whom (4) Include a demand for an accounting of the
it may belong (Art. 1079, NCC) rents, profits and other income from the
→ “the division b/n two or more persons of real property w/c he may be entitled to as his
or personal property, owned in common, by share
setting apart their respective interests so that → #4 cannot be demanded in another
they may enjoy and possess these in action. These will be barred if not
severalty, resulting in the partial or total set up in the same action pursuant
extinguishment of co-ownership (Leoveras v. to the rule against splitting of a
Valdez) single cause of action
Partition is not legally deemed a conveyance of NOTE: When the allegation asserts EXCLUSIVE
real property resulting in change of ownership. It is OWNERSHIP, the action is RECOVERY OF
merely a designation and segregation of that part w/c PROPERTY not PARTITION.
belongs to each heir (Heirs of Ureta, Sr. v. Heirs of
Ureta) Parties
The action shall be brought by the person who has the
Partition presupposes the EXISTENCE OF CO- RIGHT TO COMPEL THE PARTITION OF REAL
OWNERSHIP over a property b/n two or more persons. ESTATE.
One of the legal effects of partition is to TERMINATE ALL CO-OWNERS are INDISPENSABLE parties.
THE CO-OWNERSHIP and, consequently, to make
the previous co-owners the ABSOLUTE and CREDITORS/ASSIGNEES of co-owners may
EXCLUSIVE OWNER of the SHARE ALLOTED TO intervene and object to a partition effected w/o their
HIM. concurrence.
But they cannot impugn a partition unless:
Modes of Partition (1) there is fraud
(1) By agreement of the parties; or (2) in case it was made notwithstanding a
(2) By judicial proceedings under the Rules of formal opposition presented to prevent it
Court when the parties cannot reach an
agreement non inclusion of co-owner:
▪ before judgment – not a ground for motion to
Judicial Partition – procedure under Rule 69; even if dismiss; remedy is file a MOTION TO
the parties resorted to judicial partition, they may still INCLUDE THE PARTY
make an amicable partition ▪ after judgment – VOID because co-owners
are indispensable parties
Extrajudicial Partition – no court intervention required
When Partition can be Made
SECTION 1. COMPLAINT IN ACTION FOR General Rule: any of the co-owners of the undivided
PARTITION OF REAL ESTATE property may demand partition;
Section 1. Complaint in action for partition of real estate. → right to demand is IMPRESCRIPTIBLE as
— A person having the right to compel the partition of long as there is a recognition of the
real estate may do so as provided in this Rule, setting ownership, expressly or impliedly (Art. 494,
forth in his complaint the nature and extent of his title NCC)
and an adequate description of the real estate of which
partition is demanded and joining as defendants all Exception:
other persons interested in the property. (1a) (1) If a co-owner asserts ADVERSE TITLE to the
property in w/c case the period of prescription

runs from SUCH TIME OF ASSERTION of Jurisdiction & Venue
the adverse title MTC/RTC depending on the assessed value
(2) There is an AGREEMENT among the co-
owners to keep the property undivided for a Subject matter is REAL PROPERTY – an action for
period of 10 years partition should be filed in the MTC/RTC where the
(3) Partition is PROHIBITED by the property or part thereof is located
DONOR/TESTATOR for a period not
exceeding 20 years Subject matter is PERSONAL PROPERTY –
(4) Partition is PROHIBITED by LAW residence of plaintiff or defendant, plaintiff will elect
(5) When the property is NOT subject to
PHYSICAL DIVISION and to do so would Reliefs Sought
render the property UNSERVICEABLE for Plaintiff seeks:
use it is intended (1) A declaration that he is a co-owner of the
(6) When the CONDITION imposed upon subject properties
VOLUNTARY HEIRS before they can (2) The conveyance of his lawful shares
demand partition has NOT been FULFILLED
A judgment declaring the existence of co-ownership is
Nature of Partition IMMEDIATELY APPEALABLE
QUASI IN REM. The action is for the purpose of → This is one of the instances when the rules
affecting the defendant’s interest in a specific property allow multiple appeals
and not to render judgment against him.
An action for partition implies that the property is still
Stages of Partition OWNED IN COMMON.
(from the case: Lacbayan v. Samoy)
In this action, court CANNOT review the validity of
FIRST STAGE adoption decree in favor of plaintiff.
→ Determination of whether or not a co-
ownership in fact exists and whether or not a Appeal
partition is proper The action for partition is subject to MULTIPLE
APPEALS and would require a RECORD ON APPEAL.
This may end w/ a declaration that:
(1) plaintiff is not entitled to have a partition Multiple appeals are allowed in:
because: (1) Special proceedings
a. a co-ownership does not exist; or (2) Actions for recovery of property with
b. partition is legally prohibited accounting
(2) an adjudgment that a co-ownership does in (3) Actions for partition of property with
truth exist, partition is proper and an accounting
accounting of rent and profits received by the (4) Special civil action of eminent domain
defendant from the real estate in question (5) Special civil action of foreclosure of mortgage
SECOND STAGE Reason for allowing: to enable the rest of the case to
→ Commences when it appears that the parties proceed in the event that a separate and distinct issue
are unable to agree upon the partition is resolved by the court and held to be final.
directed by the court.
o In that event, partition shall be done Applicability of Partition in cases of Succession
for the parties by the court w/ the INTESTATE SUCCESSION – partition is the proper
assistance of 3 commisisoners remedy for compulsory or legal heirs to get their
- The second stage may also deal with the legitime or share of inheritance
rendition of the accounting itself and its
approval by the court and award for recovery TESTATE SUCCESSION – there can be no valid
by the party or parties entitled of just share in partition among the heirs until after the will has been
the rents and profits of the real estate in probated
question

SECTION 2. ORDER FOR PARTITION AND SECTION 4. OATH AND DUTIES OF
PARTITION BY AGREEMENT THEREUNDER COMMISSIONERS
Section 2. Order for partition and partition by agreement Section 4. Oath and duties of commissioners. — Before
thereunder. — If after the trial the court finds that the making such partition; the commissioners shall take
plaintiff has the right thereto, it shall order the partition and subscribe an oath that they will faithfully perform
of the real estate among all the parties in interest. their duties as commissioners, which oath shall be filed
Thereupon the parties may, if they are able to agree, in court with the other proceedings in the case. In
make the partition among themselves by proper making the partition, the commissioners shall view and
instruments of conveyance, and the court shall confirm examine the real estate, after due notice to the parties
the partition so agreed upon by all the parties, and such to attend at such view and examination, and shall hear
partition, together with the order of the court the parties as to their preference in the portion of the
confirming the same, shall be recorded in the registry of property to be set apart to them and the comparative
deeds of the place in which the property is situated. (2a) value thereof, and shall set apart the same to the
parties in lots or parcels as will be most advantageous
A final order decreeing partition and accounting may be and equitable, having due regard to the improvements,
appealed by any party aggrieved thereby. (n) situation and quality of the different parts thereof. (4a)
When Partition is proper The commissioners shall:

When after the trial the court finds that the plaintiff has (1) view and examine the real estate, after due
the right thereto. notice to the parties
(2) hear the parties as to their preference in the
After the order of partition, parties may make the portion of the property to be set apart to them
partition among themselves, by proper instruments of and the comparative value thereof
conveyance. (3) set apart the same to the parties in lots or
Provided that: parcels as will be most advantageous and
(1) Court CONFIRMED the partition equitable, having due regard to the
(2) ALL parties AGREED improvements, situation and quality of the
(3) Such partition, together with the order of the different parts thereof
court confirming the same, shall be
RECORDED in the Registry of Deeds the commissioners have the POWER TO MAKE or
EFFECT THE PARTITION but not to inquire into
Purpose: to end the common tenancy of the land questions of ownership or possession.
A FINAL ORDER DECREEING PARTITION and Before the commissioners can make a partition, the
ACCOUNTING may be appealed by any party adverse claims of the occupants must be settled.
aggrieved thereby
→ Mode of appeal: RECORD ON APPEAL SECTION 5. ASSIGNMENT OR SALE OF REAL
ESTATE BY COMMISSIONERS
SECTION 3. COMMISSIONERS TO MAKE Section 5. Assignment or sale of real estate by
PARTITION WHEN PARTIES FAIL TO AGREE commissioners. — When it is made to appear to the
Section 3. Commissioners to make partition when commissioners that the real state, or a portion thereof,
parties fail to agree. — If the parties are unable to agree cannot be divided without prejudice to the interests of
upon the partition, the court shall appoint not more than the parties, the court may order it assigned to one of the
three (3) competent and disinterested persons as parties willing to take the same, provided he pays to the
commissioners to make the partition, commanding other parties such amount as the commissioners deem
them to set off to the plaintiff and to each party in equitable, unless one of the interested parties asks that
interest such part and proportion of the property as the the property be sold instead of being so assigned, in
court shall direct. (3a) which case the court shall order the commissioners to
sell the real estate at public sale under such conditions
Project of partition must be signed by ALL OF THE and within such time as the court may determine. (5a)
PARTIES.

Requisites of Assignment (1) ACCEPT the report and render judgment in
(1) assignment is in favor of ONE OF THE accordance therewith; or
PARTIES not to 3rd persons (2) RECOMMIT the same to the commissioners
(2) AMOUNT to be paid is based on the amounts for further report of facts; or
w/c the commissioners deem EQUITABLE (3) SET ASIDE the report and appoint new
(3) PAYMENT to other parties commissioners; or
(4) Other interested parties do not ask the court (4) ACCEPT the report in part and reject it IN
that the property be sold instead PART
Public sales is mandatory when other interested the court may make such order and render such
parties ask the court that the property be sold instead judgment as shall effectuate a fair and just partition of
of being assigned to one of the parties. the real estate, or of its value, if assigned or sold as
above provided, between the several owners thereof
SECTION 6. REPORT OF
COMMISSIONERS; PROCEEDINGS NOT BINDING SECTION 8. ACCOUNTING FOR RENT AND
UNTIL CONFIRMED PROFITS IN ACTION FOR PARTITION
Section 6. Report of commissioners; proceedings not Section 8. Accounting for rent and profits in action for
binding until confirmed. — The commissioners shall partition. — In an action for partition in accordance with
make a full and accurate report to the court of all their this Rule, a party shall recover from another his just
proceedings as to the partition, or the assignment of share of rents and profits received by such other party
real estate to one of the parties, or the sale of the same. from the real estate in question, and the judgment shall
Upon the filing of such report, the clerk of court shall include an allowance for such rents and profits. (8a)
serve copies thereof on all the interested parties with
notice that they are allowed ten (10) days within which to SECTION 9. POWER OF GUARDIAN IN SUCH
file objections to the findings of the report, if they so PROCEEDINGS
desire. No proceeding had before or conducted by the Section 9. Power of guardian in such proceedings. —
commissioners and rendered judgment thereon. (6a) The guardian or guardian ad litem of a minor or person
judicially declared to be incompetent may, with the
SECTION 7. ACTION OF THE COURT UPON approval of the court first had, do and perform on behalf
COMMISSIONERS REPORT of his ward any act, matter, or thing respecting the
Section 7. Action of the court upon commissioners partition of real estate, which the minor or person
report. — Upon the expiration of the period of ten (10) judicially declared to be incompetent could do in
days referred to in the preceding section or even before partition proceedings if he were of age or competent.
the expiration of such period but after the interested (9a)
parties have filed their objections to the report or their
statement of agreement therewith the court may, upon SECTION 10. COSTS AND EXPENSES TO BE
hearing, accept the report and render judgment in TAXED AND COLLECTED
accordance therewith, or, for cause shown recommit Section 10. Costs and expenses to be taxed and
the same to the commissioners for further report of collected. — The court shall equitably tax and apportion
facts; or set aside the report and appoint new between or among the parties the costs and expenses
commissioners; or accept the report in part and reject it which accrue in the action, including the compensation
in part; and may make such order and render such of the commissioners, having regard to the interests of
judgment as shall effectuate a fair and just partition of the parties, and execution may issue therefor as in
the real estate, or of its value, if assigned or sold as other cases. (10a)
above provided, between the several owners thereof.
(7) SECTION 11. THE JUDGMENT AND ITS
EFFECT; COPY TO BE RECORDED IN REGISTRY
Upon the expiration of the period of 10 days or even OF DEEDS
before the expiration of such period when all interested Section 11. The judgment and its effect; copy to be
parties have filed their objections, the court may, upon recorded in registry of deeds. — If actual partition of
hearing:
property is made, the judgment shall state definitely, by
metes and bounds and adequate description, the

particular portion of the real estate assigned to each action in making the purchaser or
party, and the effect of the judgment shall be to vest in severalty the payment the purchasers
each party to the action in severalty the portion of the portion of the whole of the making the
real estate assigned to him. If the whole property is real estate real estate free payment or
assigned to one of the parties upon his paying to the assigned to from any payments, free
others the sum or sums ordered by the court, the him interest on the from the claims
judgment shall state the fact of such payment and of the part of the of any of the
assignment of the real estate to the party making the other parties to parties to the
payment, and the effect of the judgment shall be to vest the action action
in the party making the payment the whole of the real
estate free from any interest on the part of the other Recording of the Judgment
A certified copy of the judgment shall in either case be
parties to the action. If the property is sold and the sale
recorded in the registry of deeds of the place in which
confirmed by the court, the judgment shall state the
the real estate is situated, and the expenses of such
name of the purchaser or purchasers and a definite
recording shall be taxed as part of the costs of the
description of the parcels of real estate sold to each
action
purchaser, and the effect of the judgment shall be to
vest the real estate in the purchaser or purchasers
SECTION 12. NEITHER PARAMOUNT RIGHTS
making the payment or payments, free from the claims
NOR AMICABLE PARTITION AFFECTED BY THIS
of any of the parties to the action. A certified copy of the
RULE
judgment shall in either case be recorded in the registry
Section 12. Neither paramount rights nor amicable
of deeds of the place in which the real estate is situated,
partition affected by this Rule. — Nothing in this Rule
and the expenses of such recording shall be taxed as
contained shall be construed so as to prejudice, defeat,
part of the costs of the action. (11a)
or destroy the right or title of any person claiming the
real estate involved by title under any other person, or
IF THE by title paramount to the title of the parties among
WHOLE whom the partition may have been made, nor so as to
PROPERTY
IF THE restrict or prevent persons holding real estate jointly or
IS ASSIGNED
PROPERTY in common from making an amicable partition thereof
TO ONE OF
IF ACTUAL IS SOLD AND by agreement and suitable instruments of conveyance
THE PARTIES
PARTITION IS THE SALE IS without recourse to an action. (12a)
UPON HIS
MADE CONFIRMED
PAYING TO
BY THE Judgment of Partition w/o prejudice to rights of
THE OTHERS
COURT third persons; partition not a conveyance
THE SUM/S
ORDERED BY
THE COURT Nothing in this Rule contained shall be construed so as
As to contents of the judgment to prejudice, defeat, or destroy the right or title of any
person claiming the real estate involved by title under
The judgment The judgment The judgment
any other person, or by title paramount to the title of the
shall state shall state the shall state the
parties among whom the partition may have been
definitely, by fact of such name of the
made
metes and payment and purchaser or
bounds and of the purchasers
adequate assignment of and a definite Extrajudicial Partition, recognized
description, the real estate description of
the particular to the party the parcels of Nothing in this Rule shall restrict or prevent persons
portion of the making the real estate sold holding real estate jointly or in common from making
estate payment to each an amicable partition thereof by agreement and
assigned to purchaser suitable instruments of conveyance without recourse to
each party an action
As to effect of the judgment
ORAL PARTITION is allowed if no creditors are
to vest in each be to vest in to vest the real
affected.
party to the the party estate in the

No formality required for the validity of partition.
The requirement that a partition be put in public

document and registered has for its purpose the
protection of creditors and at the same time the
protection of the heirs themselves against tardy claims
(Teves v. CA).
Novation of Partition
✓ Novation can be had with the consent of ALL
the INTERESTED PARTIES especially if
such novation is required in the interest of
justice and equity is warranted under the
prevailing circumstances for the expeditious
settlement of the estate (Lucero v. Banaga)
SECTION 13. PARTITION OF PERSONAL

PROPERTY
Section 13. Partition of personal property. — The
provisions of this Rule shall apply to partitions of
estates composed of personal property, or of both real
and personal property, in so far as the same may be
applicable. (13)

Forcible Entry and Unlawful Detainer Atty. Senga
RULE 70 Court with Jurisdiction
FORCIBLE ENTRY AND UNLAWFUL FE and UD are w/in the EXCLUSIVE AND ORIGINAL
JURISDICTION of the MTC, MCTC, MeTC and shall
DETAINER
be governed by the RULES ON SUMMARY
PROCEDURE irrespective of the amount of damages
SECTION 1. WHO MAY INSTITUTE or unpaid rentals sought to be recovered.
PROCEEDINGS, AND WHEN
Section 1. Who may institute proceedings, and when. — Amount of RENTS and DAMAGES will not affect the
Subject to the provisions of the next succeeding jurisdiction of the municipal court because they are
section, a person deprived of the possession of any land only incidental or accessory to the main action.
or building by force, intimidation, threat, strategy, or
stealth, or a lessor, vendor, vendee, or other person But if ONLY RENTS and DAMAGES are claimed in an
against whom the possession of any land or building is ordinary action, the action is PERSONAL and the
unlawfully withheld after the expiration or termination amount claimed will determine whether it falls under
of the right to hold possession, by virtue of any contract, the jurisdiction of RTC/MTC
express or implied, or the legal representatives or
assigns of any such lessor, vendor, vendee, or other Nature of the Action; Venue
person, may, at any time within one (1) year after such Forcible entry and unlawful detainer actions are those
unlawful deprivation or withholding of possession, affecting possession of REAL PROPERTY; hence, real
bring an action in the proper Municipal Trial Court actions.
against the person or persons unlawfully withholding → Thus, venue is the place where the property
or depriving of possession, or any person or persons subject of the action is situated
claiming under them, for the restitution of such
possession, together with damages and costs. (1a) They are also ACTIONS IN PERSONAM because the
plaintiff seeks to enforce a personal obligation of the
defendant to vacate the property subject of the action
FORCIBLE ENTRY – a person deprived of possession
and restore physical possession thereof to the plaintiff
of any land or building by: (FISTS)
(Domagas v. Jensen)
FORCE,
INTIMIDATION,
From what date is the 1YEAR period counted
STRATEGY,
THREAT, FORCIBLE ENTRY
STEALTH FISTS
General Rule: 1 year period is counted from date of
UNLAWFUL DETAINER: ENTRY or TAKING POSSESSION by use of FIST
(1) Lessor, vendor, vendee or other person Exception: FE by STEALTH should be counted from
against whom possession of any land or the DEMAND TO VACATE upon learning of such entry
building is unlawfully withheld; and Reason: the owner/possessor of the land could not be
(2) Legal representatives or assigns of any such expected to enforce his right to its possession against
lessor, vendor, vendee or other person the illegal occupant and sue the latter before learning
against whom possession of any land or of the clandestine intrusion. Such will deprive the lawful
building is unlawfully withheld possessor of the benefit of Rule 70 simply because the
stealthy intruder manages to conceal the trespass for
Against whom action may be maintained more than a year would be to reward clandestine
(1) Against one in POSSESSION at the usurpation even if it is unlawful (Dela Cruz v. Hermano)
commencement of the action
(2) Tenant w/ right of possession may bring Mandatory allegations for the MTC to acquire
action against ANOTHER TENANT jurisdiction over FE cases
(3) Vendor against VENDEE upon failure to pay (1) The plaintiff must allege his prior physical
installments possession of the property
(4) Against the VERY OWNER of the property (2) The plaintiff must also allege that he was
(5) Against GOV’T OFFICIALS/AGENTS acting deprived of his possession by any of the
in behalf of the gov’t even if the gov’t is not means provided in Sec 1,Rule 70
made a party to the action FORCE,
INTIMIDATION,

STRATEGY, (1) Plaintiff must allege that respondent FAILED
THREAT, TO PAY RENT due or FAILED TO COMPLY
STEALTH W/ CONDITIONS of the contract; and
 If not those mentioned, then the (2) That a DEMAND to pay and vacate, or
proper action is PLENARY demand to comply and vacate was made
ACTION TO RECOVER
POSSESSION, not FE case Elements of Cause of Action for UD
(from the case: Romullo v. Samahang
The words “FORCE, INTIMIDATION, STRATEGY, Magkakapitbahay)
THREAT, STEALTH” include every situation or (1) Initially, possession of property by the
condition under w/c one person can wrongfully enter defendant was by contract with or by
upon real property to exclude another, who has prior tolerance of the plaintiff;
possession (Banes v. Lutheran Church in the PH) (2) Eventually, such possession became illegal
upon notice by plaintiff to defendant of the
Concept of POSSESSION in FE cases termination of the latter’s right to possession;
(Mangaser v. Ugay) (3) Thereafter, the defendant remained in
possession of the property and deprived the
As a rule, the word POSSESSION in forcible entry plaintiff of the enjoyment thereof; and
cases indeed refers to PRIOR PHYSICAL (4) w/in 1 year from the last demand on
POSSESSION or POSSESSION DE FACTO. defendant to vacate the property, the plaintiff
instituted the complaint for ejectment.
Not possession de jure or legal possession because
title is not the issue and the absence of title is not a Expired Lease Contract Impliedly Renewed
ground for the court to withhold relief. An implied new lease or taccita reconduccion will set
in when the ff requisites are found to exist:
BUT possession can also be acquired by JURIDICAL (1) The term of original contract of lease has
ACTS. Possession can be acquired not only by EXPIRED
material occupation, but also by the fact that a thing is (2) The lessor has not given the lessee a
subject to the action of one’s will or by the proper acts NOTICE TO VACATE
and legal formalities established for acquiring such (3) Lessee continued enjoying the thing leased
right. for 15 DAYS w/ the acquiescence of the
→ Ex. donations, succession, executon and lessor
registration of public instrument, inscription of
possessory in formation titles Occupation by Mere Tolerance
Where defendant’s entry was w/ plaintiff’s tolerance
Reason: possession in the eyes of the law does not right from the date and fact of entry, unlawful detainer
mean that a man has to have his feet on every square proceedings may be instituted w/in 1 year from
meter of ground before it can be said that he is in demand to vacate as there is an implied promise on
possession. It is sufficient that petitioner was able to him to vacate upon demand (Republic v. Sunvar
SUBJECT THE PROPERTY TO THE ACTION OF HIS Realty)
WILL
While tolerance is lawful, such possession becomes
UNLAWFUL DETAINER illegal upon DEMAND TO VACATE by the owner and
Unexpired lease contract, non-compliance possessor by tolerance refuses to comply with such
General Rule: 1 year period is counted from date of demand. Possession by tolerance, w/o any contract
the LAST DEMAND TO PAY and VACATE b/n them, is necessarily bound by the IMPLIED
Exception: when subsequent demands were merely PROMISE TO VACATE UPON DEMAND (Monasterio-
in the nature of REMINDERS of the original demand, Pe v. Tong)
in which case the 1 year period is counted from the
FIRST DEMAND As a consequence, the possessor by tolerance is
Mandatory allegations for the MTC to acquire liable to pay rentals, not from the time the premises
jurisdiction over UD cases were occupied but FROM THE TIME THE DEMAND
(from the case: Larano v. Sps Calendacion) TO VACATE WAS MADE UPTO THE TIME THE

PREMISES WAS VACATED (Pro-Guard Security v. Kinds of Action for Recovery of Possession
Tormil Realty) ACCION ACCION ACCION
INTERDICTAL PUBLICIANA REINVINDI-
NOTE: To justify an UD action, possession must be (Ejectment) CATORIA
LAWFUL FROM THE START. Otherwise, UD would be As to nature
an improper remedy. SUMMARY PLENARY An action for
action for the action for the recovery of
ACCION INTERDICTAL recovery of recovery of OWNERSHIP,
(Ejectment Cases) PHYSICAL REAL RIGHT w/c necessarily
UNLAWFUL POSSESSION OF includes the
FORCIBLE ENTRY
DETAINER where the POSSESSION recovery of
(detentacion)
(desahucio) dispossession when the POSSESSION
As to nature of possession has not lasted dispossession
Possession of the land Possession is for more than 1 has lasted for
by the defendant is INCEPTIVELY LAWFUL year more than 1
UNLAWFUL FROM BUT IT BECAME year
THE START as he ILLEGAL by reason of As to purpose
acquires possession by termination of his right to Intended to It is a It is an action
FISTS possession of the provide proceeding to whereby a
property under his expeditious determine the party claims
contract w/ the plaintiff means of better right of recovery of
As to necessity of demand protecting possession of ownership over
NO PREVIOUS Demand is actual realty the property
DEMAND for the JURISDICTIONAL if the possession or independently including the
defendant to vacate the ground is NON right to of title possession
premises is not PAYMENT OF possession of thereof
necessary RENTALS or FAILURE property
TO COMPLY W/ As to jurisdiction
LEASE CONTRACT All cases of FE Both actions are real actions.
As to prior physical possession and UD Thus, jurisdiction is determined
As a rule, the plaintiff The plaintiff need not irrespective of by the ASSESSED VALUE of the
must prove that he was have been in prior amount of property involved.
in prior physical physical possession DAMAGES or
possession of the UNPAID RTC has jurisdiction if the value of
premises until he was RENTALS the property exceeds P20K
deprived thereof by the sought to be outside Metro Manila; exceeds
defendant recovered P50K within Metro Manila
As to prescriptive period should be
1 year is counted from Period is counted from: brought to the MTC has jurisdiction if the value
date of ACTUAL ENTRY - Date of LAST MTC of property does not exceed
ON THE LAND DEMAND; or those amounts
- Last LETTER
OF DEMAND
Exception to prior physical possession rule ACCION INTERDICTAL

Even when the property is IDLE/UNGUARDED, an - Summary proceedings
action for FE may still prosper. While prior physical - Intended to provide expeditious means of
possession is required, possession can also be protecting actual possession or right to
acquired by JURIDICAL ACTS and one need not have possession of property
actual or physical occupation of every square inch of - Issue is POSSESSION DE FACTO and not
property at all times to be considered in possession of possession de jure
it.

- in ejectment cases, the main issue is priority. How Demand is Made
The legal right thereto is not essential to the (1) Personally
possessor’s cause of action (2) Service of written notice of such demand
upon the person found in the premises
SECTION 2. LESSOR TO PROCEED AGAINST (3) Posting it at the premises if no person is found
LESSEE ONLY AFTER DEMAND thereon
Section 2. Lessor to proceed against lessee only after (4) Registered mail
demand. — Unless otherwise stipulated, such action by (5) Verbal
the lesser shall be commenced only after demand to
pay or comply with the conditions of the lease and to When Prior Demand is not necessary in UD
vacate is made upon the lessee, or by serving written (1) When there is STIPULATION dispensing a
demand
notice of such demand upon the person found on the
(2) Where the ground for the suit is based on the
premises if no person be found thereon, and the lessee
EXPIRATION OF THE LEASE
fails to comply therewith after fifteen (15) days in the
case of land or five (5) days in the case of buildings. (2a)
SECTION 3. SUMMARY PROCEDURE
Section 3. Summary procedure. — Except in cases
DEMAND is a pre-requisite to an action for UD if the
covered by the agricultural tenancy laws or when the
ground is NON PAYMENT OF RENTALS or FAILURE
law otherwise expressly provides, all actions for
TO COMPLY W/ LEASE CONTRACT
forcible entry and unlawful detainer, irrespective of the
amount of damages or unpaid rentals sought to be
Unless there is a stipulation to the contrary, the action
for UD shall be commenced only after demand and the recovered, shall be governed by the summary
lessee fails to comply therewith after: procedure hereunder provided. (n)
- 15 days in case of lands; or
- 5 days in case of buildings SUMMARY IN NATURE. Designed to provide for an
expeditious means of protecting actual possession or
Demand is JURISDICTIONAL. It is a two-fold demand: the right to possession of property.
(1) To pay and vacate
(2) To comply with the conditions of the lease and SECTION 4. PLEADINGS ALLOWED
vacate Section 4. Pleadings allowed. — The only pleadings
allowed to be filed are the complaint, compulsory
Mere failure to pay rent does not ipso facto make counterclaim and cross-claim pleaded in the answer,
unlawful the tenant’s possession. It is the DEMAND TO and the answers thereto. All pleadings shall be verified.
VACATE and REFUSAL TO VACATE w/c makes (3a, RSP)
unlawful the withholding of possession.
(1) complaint
Subsequent payment does not cure the unlawful
(2) compulsory counterclaim
w/holding
(3) cross-claim pleaded in the answer
(4) answers thereto
Acceptance of rentals in arrears does not constitute
waiver
SECTION 5. ACTION ON COMPLAINT
Section 5. Action on complaint. — The court may, from
Lessee not permitted to deny the lessor’s title
an examination of the allegations in the complaint and
Two Options, when based in Contract of Lease such evidence as may be attached thereto, dismiss the
1) SPECIFIC PERFORMANCE - demand case outright on any of the grounds for the dismissal of
referred to is to pay rent or to comply w/ the a civil action which are apparent therein. If no ground
condition of lease violated for dismissal is found, it shall forthwith issue summons.
2) RESCISSION – demand must be for lessee (n)
to pay rent or to comply w/ the conditions of
the lease and to vacate SECTION 6. ANSWERS
Section 6. Answers. — Within ten (10) days from service
of summons, the defendant shall file his answer to the

complaint and serve a copy thereof on the plaintiff. No postponement of the preliminary conference shall
Affirmative and negative defenses not pleaded therein be granted except for highly meritorious grounds and
shall be deemed waived, except lack of jurisdiction over without prejudice to such sanctions as the court in the
the subject matter. Cross-claims and compulsory exercise of sound discretion may impose on the
counterclaims not asserted in the answer shall be movant. (n)
considered barred. The answer to counterclaims or
cross-claims shall be served and filed within ten (10) SECTION 9. RECORD OF PRELIMINARY
days from service of the answer in which they are CONFERENCE
pleaded. (5 RSP) Section 9. Record of preliminary conference. — Within
five (5) days after the termination of the preliminary
SECTION 7. EFFECT OF FAILURE TO ANSWER conference, the court shall issue an order stating the
Section 7. Effect of failure to answer. — Should the matters taken up therein, including but not limited to:
defendant fail to answer the complaint within the period 1) Whether the parties have arrived at an amicable
above provided, the court, motu proprio or on motion of settlement, and if so, the terms thereof;
the plaintiff, shall render judgment as may be 2) The stipulations or admissions entered into by the
warranted by the facts alleged in the complaint and parties;
limited to what is prayed for therein. The court may in its 3) Whether, on the basis of the pleadings and the
discretion reduce the amount of damages and stipulations and admission made by the parties,
attorney's fees claimed for being excessive or judgment may be rendered without the need of
otherwise unconscionable, without prejudice to the further proceedings, in which event the judgment
applicability of section 3 (c), Rule 9 if there are two or shall be rendered within thirty (30) days from
more defendants. (6, RSP) issuance of the order;
4) A clear specification of material facts which
Sec 3 of Rule 9: if the defending party fails to answer remain converted; and
w/in the time allowed for the filing of such pleading, the 5) Such other matters intended to expedite the
court shall, upon motion of the claiming party xxx, disposition of the case. (8, RSP)
DECLARE THE DEFENDING PARTY IN DEFAULT
SECTION 10. SUBMISSION OF AFFIDAVITS AND
SECTION 8. PRELIMINARY POSITION PAPERS
CONFERENCE; APPEARANCE OF PARTIES Section 10. Submission of affidavits and position papers.
Section 8. Preliminary conference; appearance of — Within ten (10) days from receipt of the order
parties. — Not later than thirty (30) days after the last mentioned in the next preceding section, the parties
answer is filed, a preliminary conference shall be held. shall submit the affidavits of their witnesses and other
The provisions of Rule 18 on pre-trial shall be applicable evidence on the factual issues defined in the order,
to the preliminary conference unless inconsistent with together with their position papers setting forth the law
the provisions of this Rule. and the facts relied upon by them. (9, RSP)
The failure of the plaintiff to appear in the preliminary SECTION 11. PERIOD FOR RENDITION OF
conference shall be cause for the dismissal of his JUDGMENT
complaint. The defendant who appears in the absence of Section 11. Period for rendition of judgment. — Within
the plaintiff shall be entitled to judgment on his thirty (30) days after receipt of the affidavits and
counterclaim in accordance with the next preceding position papers, or the expiration of the period for filing
section. All cross-claims shall be dismissed. (7, RSP) the same, the court shall render judgment.
If a sole defendant shall fail to appear, the plaintiff shall However, should the court find it necessary to clarify
likewise be entitled to judgment in accordance with the certain material facts, during the said period, issue an
next preceding section. This procedure shall not apply order specifying the matters to be clarified, and require
where one of two or more defendants sued under a the parties to submit affidavits or other evidence on the
common cause of action defense shall appear at the said matters within ten (10) days from receipt of said
preliminary conference. order. Judgment shall be rendered within fifteen (15)

days after the receipt of the last affidavit or the SECTION 14. AFFIDAVITS
expiration of the period for filing the same. Section 14. Affidavits. — The affidavits required to be
submitted under this Rule shall state only facts of direct
The court shall not resort to the foregoing procedure personal knowledge of the affiants which are
just to gain time for the rendition of the judgment. (n) admissible in evidence, and shall show their
competence to testify to the matters stated therein.
SECTION 12. REFERRAL FOR CONCILIATION
Section 12. Referral for conciliation. — Cases requiring A violation of this requirement may subject the party or
referral for conciliation, where there is no showing of the counsel who submits the same to disciplinary
compliance with such requirement, shall be dismissed action, and shall be cause to expunge the inadmissible
without prejudice, and may be revived only after that affidavit or portion thereof from the record. (20, RSP)
requirement shall have been complied with. (18a, RSP)
SECTION 15. PRELIMINARY INJUNCTION
The conciliation process is NOT a JURISDICTIONAL Section 15. Preliminary injunction. — The court may
requirement, so that non-compliance therew/ cannot grant preliminary injunction, in accordance with the
affect jurisdiction w/c the court otherwise acquired over provisions of Rule 58 hereof, to prevent the defendant
the subject matter or over the person of the defendant. from committing further acts of dispossession against
the plaintiff.
SECTION 13. PROHIBITED PLEADINGS AND
MOTIONS A possessor deprived of his possession through
Section 13. Prohibited pleadings and motions. — The forcible from the filing of the complaint, present a
following petitions, motions, or pleadings shall not be motion in the action for forcible entry or unlawful
allowed: detainer for the issuance of a writ of preliminary
1) Motion to dismiss the complaint except on the mandatory injunction to restore him in his possession.
ground of lack of jurisdiction over the subject The court shall decide the motion within thirty (30) days
matter, or failure to comply with section 12; from the filing thereof. (3a)
2) Motion for a bill of particulars;
3) Motion for new trial, or for reconsideration of a Plaintiff may ask for the issuance of a writ of preliminary
judgment, or for reopening of trial; mandatory injunction to restore him in his possession
4) Petition for relief from judgment; and the same shall be decided the motion within thirty
5) Motion for extension of time to file pleadings, (30) days from the filing thereof
affidavits or any other paper;
6) Memoranda;
7) Petition for certiorari, mandamus, or prohibition Can the MTC issue a Preliminary Mandatory
against any interlocutory order issued by the court; Injunction in an Unlawful Detainer Case?
8) Motion to declare the defendant in default; YES. Although Art 539 of the NCC provides that
9) Dilatory motions for postponement; Preliminary Mandatory Injunction is only possible in FE
10) Reply; cases, Rule 70, Sec. 15 of the ROC has made it
11) Third-party complaints; applicable to both FE and UD in view of Sec 33 of BP
12) Interventions. (19a, RSP) 129.
BP 120 provides: “provided the main action is w/in its

When Prohibited Motions are Inapplicable
jurisdiction, an inferior court can appoint a receiver and
(1) When an answer has already been filed, a
it has jurisdiction to issue a writ of preliminary injunction
motion to dismiss the complaint may be filed
in either FE or UD cases”
by the defendant
(2) MR of a decision dismissing an action for lack
Under present law, an inferior court has jurisdiction to
of jurisdiction is not a prohibited motion under
grant provisional remedies in proper cases.
the Rules on Summary Procedure

SECTION 16. RESOLVING DEFENSE OF If counterclaim is established, the court shall render
OWNERSHIP judgment for the sum found in arrears from either party
Section 16. Resolving defense of ownership. — When the and award costs as justice requires
defendant raises the defense of ownership in his
pleadings and the question of possession cannot be The court can award DAMAGES in ejectment
resolved without deciding the issue of ownership, the cases provided that damages refer only to:
issue of ownership shall be resolved only to determine (1) The FAIR AND REASONABLE VALUE of the
use and enjoyment of the property or the rent
the issue of possession. (4a)
arising from loss of possession
(2) LIQUIDATED DAMAGES when they form
Any determination as to ownership shall be
part of the contract
PROVISIONAL and shall not bind any separate action
meant to address the issue of such ownership.
Binding Effect of the Judgment
General Rule: the judgment is binding only upon the
The mere fact that the defense of ownership is raised
parties properly impleaded and given an opportunity to
in the pleadings does not deprive the MTC of its
be heard because ejectment suit is an ACTION IN
jurisdiction to take cognizance of and decide the case
PERSONAM
Exception: the judgment is binding against the ff even
The existence of formal contract is not necessary in UD
though not impleaded:
cases. There can still be an UD case because implied
(1) Trespassers, squatters, or agents of the
contracts are covered by ejectment proceedings.
defendant fraudulently occupying the
property to frustrate the judgment
Questions to be Resolved in Action for FE
(2) Guests or other occupants of the premises
(1) Who had actual possession over the real
with the permission of the defendant
property?
(3) Transferees pendente lite
(2) Was the possessor ousted therefrom w/in 1
(4) Sub-lessees
year from filing of the complaint by FISTS?
(5) Co-lessees
(3) Does the plaintiff ask for the restoration of his
(6) Members of the family, relatives and other
possession?
privies of the defendant
SECTION 17. JUDGMENT

SECTION 18. JUDGMENT CONCLUSIVE ONLY ON
Section 17. Judgment. — If after trial court finds that the
POSSESSION; NOT CONCLUSIVE IN ACTIONS
allegations of the complaint are true, it shall render INVOLVING TITLE OR OWNERSHIP
judgment in favor of the plaintiff for the restitution of the Section 18. Judgment conclusive only on
premises, the sum justly due as arrears of rent or as possession; not conclusive in actions involving title or
reasonable compensation for the use and occupation of ownership. — The judgment rendered in an action for
the premises, attorney's fees and costs. If a forcible entry or detainer shall be conclusive with
counterclaim is established, the court shall render respect to the possession only and shall in no wise bind
judgment for the sum found in arrears from either party the title or affect the ownership of the land or building.
and award costs as justice requires. (6a) Such judgment shall not bar an action between the
same parties respecting title to the land or building.
If the court finds the allegations TRUE, it shall
render judgment in favor of the plaintiff for the: The judgment or final order shall be appealable to the
(1) RESTITUTION of the premises; and appropriate Regional Trial Court which shall decide the
(2) PAYMENT OF SUM justly due as arrears for
same on the basis of the entire record of the
rent or as reasonable compensation for the
proceedings had in the court of origin and such
use and occupation of the premises, atty’s
memoranda and/or briefs as may be submitted by the
fees and costs
parties or required by the Regional Trial Court. (7a)
If the court finds the allegations NOT TRUE,
it shall render judgment in favor of the defendant to Conclusiveness of the Judgment
recover his costs. The rules of RES JUDICATA and CONCLUSIVENESS
OF JUDGMENT apply in ejectment suits, but subject to
the qualification that the judgment therein is

conclusive only with respect to the issue of otherwise. Should the defendant fail to make the
possession of the premises and not with respect to payments above prescribed from time to time during
ownership; it is conclusive w/ respect to the right of the pendency of the appeal, the appellate court, upon
possession under and by virtue of a contract the motion of the plaintiff, and upon proof of such failure,
existence of w/c has been proved in ejectment suit. shall order the execution of the judgment appealed
from with respect to the restoration of possession, but
Since the issue in ejectment cases is MERE such execution shall not be a bar to the appeal taking its
POSSESSION, it is worth remembering that the course until the final disposition thereof on the merits.
decision in an ejectment case DOES NOT BIND THE
After the case is decided by the Regional Trial Court, any
TITLE OR OWNERSHIP OF THE LAND OR
money paid to the court by the defendant for purposes
BUILDING. It does not also bar an action b/n the same
of the stay of execution shall be disposed of in
parties respecting title to the property (Balanon-Anicete
accordance with the provisions of the judgment of the
v. Balanon)
Regional Trial Court. In any case wherein it appears that
the defendant has been deprived of the lawful
Where to Appeal
The judgment or final order of the court is appealable possession of land or building pending the appeal by
to the appropriate RTC. virtue of the execution of the judgment of the Municipal
Trial Court, damages for such deprivation of possession
The mode of appeal is RULE 40 where a NOTICE OF and restoration of possession and restoration of
APPEAL is filed w/ and the docket fee paid in the court possession may be allowed the defendant in the
of origin (MTC) judgment of the Regional Trial Court disposing of the
appeal. (8a)
SECTION 19. IMMEDIATE EXECUTION OF
JUDGMENT; HOW TO STAY SAME General Rule: the judgment of MTC against the
Section 19. Immediate execution of judgment; how to DEFENDANT in ejectment proceedings is
stay same. — If judgment is rendered against the IMMEDIATELY EXECUTORY
defendant, execution shall issue immediately upon Exception: when the ff requisites concur:
motion unless an appeal has been perfected and the (1) The defendant PERFECTS HIS APPEAL;
defendant to stay execution files a sufficient and
supersedeas bond, approved by the Municipal Trial (2) he files sufficient SUPERSEDEAS BOND to
Court and executed in favor of the plaintiff to pay the pay the rents, damages, and costs accruing
down to the time of judgment appealed from;
rents, damages, and costs accruing down to the time of
and
the judgment appealed from, and unless, during the
(3) makes PERIODICAL DEPOSITS with the
pendency of the appeal, he deposits with the appellate
appellate court, during pendency of the
court the amount of rent due from time to time under the
appeal the amount of rent due from time to
contract, if any, as determined by the judgment of the
time under the contract, or in the absence of
Municipal Trial Court. In the absence of a contract, he
a contract, the reasonable value of the use
shall deposit with the Regional Trial Court the and occupation of the premises
reasonable value of the use and occupation of the → must be made on or before the 10th
premises for the preceding month or period at the rate day of each succeeding
determined by the judgment of the lower court on or month/period
before the tenth day of each succeeding month or
period. The supersedeas bond shall be transmitted by supersedeas bond
the Municipal Trial Court, with the papers, to the clerk of in forcible entry, the amount of supersedeas bond and
the Regional Trial Court to which the action is appealed. the amounts periodically deposited shall be the
REASONABLE VALUE OF THE USE AND
All amounts so paid to the appellate court shall be OCCUPANCY of the premises as determined by the
deposited with said court or authorized government court
depositary bank, and shall be held there until the final
disposition of the appeal, unless the court, by in unlawful detainer, the amount of the bond and
agreement of the interested parties, or in the absence periodic deposit of rentals shall be that STATED IN
of reasonable grounds of opposition to a motion to THE LEASE CONTRACT
withdraw, or for justifiable reasons, shall decree

when supersedeas bond not required: appeal is frivolous or dilatory or that the appeal of the
(1) when the monetary award in the judgment of plaintiff is prima facie meritorious. (9a)
the inferior court has been DEPOSITED W/
THE COURT 2 Instances when Preliminary Mandatory
(2) when the judgment of the LOWER COURT Injunction can be availed of by the plaintiff under
DID NOT MAKE FINDINGS w/ respect to any Rule 70
amount in arrears, damages or costs against (1) Immediately upon filing of the complaint
the defendant before judgment
(2) Pending appeal if the court is satisfied that the
it is understood that the trial court retains its discretion defendant’s appeal is frivolous or dilatory or
to issue an order of execution pending appeal even that the appeal of the plaintiff is prima facie
when the defendant posts a supersedeas bond. meritorious
Ejectment suits are not suspended or barred by

SECTION 21. IMMEDIATE EXECUTION ON
other actions such as the ff:
APPEAL TO COURT OF APPEALS OR SUPREME
(SARAWAQIC)
COURT
(1) Specific performance w/ rentals and
Section 21. Immediate execution on appeal to Court of
damages
Appeals or Supreme Court. — The judgment of the
(2) Accion publiciana Regional Trial Court against the defendant shall be
(3) Reformation of instrument immediately executory, without prejudice to a further
(4) Accion reinvindicatoria appeal that may be taken therefrom. (10a)
(5) Writ of possession case
(6) Annulment of sale, or title, or document; It is only the execution of the MTC’s judgment pending
annulment of deed of sale w/ assumption of appeal with the RTC w/c may be stayed pursuant to
mortgage and/or to declare the same an Section 19.
equitable mortgage; annulment of sale w/
damages On appeal the appellate court may stay the writ should
(7) Quieting of Title circumstances require, a preliminary injunction of the
(8) Injunction writ of execution is still allowed.
(9) Consignation of Rentals
EXECUTION PENDING APPEAL
NOTE: the pendency of an action questioning the RULE 70, SEC 21 RULE 39, SEC 2
OWNERSHIP of the property does not bar the filing or It does not require the It requires good reasons
consideration of an ejectment suit nor the execution of showing of good and is subject to the
the judgment therein (Silverio v. CA) reasons as it is a matter discretion of the court
→ The underlying reason is to prevent defendant of right
from trifling with the summary nature of an
ejectment suit by the simple expedient of It is mandatory for the RTC to order execution of the
asserting ownership over the disputed appealed judgment upon failure of defendant to make
property (Tecson v. Gutierrez) monthly deposit of current rentals.
An ejectment case is a REAL ACTION. It is not The judgment of the RTC must first be served on the
extinguished by death of the party. losing party before the same may be considered
immediately executory.
SECTION 20. PRELIMINARY MANDATORY
INJUNCTION IN CASE OF APPEAL
Section 20. Preliminary mandatory injunction in case of
appeal. — Upon motion of the plaintiff, within ten (10)
days from the perfection of the appeal to the Regional
Trial Court, the latter may issue a writ of preliminary
mandatory injunction to restore the plaintiff in
possession if the court is satisfied that the defendant's

Contempt Atty. Senga
RULE 71 Not be resorted to unless necessary in the interest of
CONTEMPT justice
Contempt of Court The power to declare a person in contempt of court and

= a disobedience to the court by acting in opposition to in dealing with him accordingly is an INHERENT
its authority, justice, and dignity. POWER lodged in the COURTS OF JUSTICE, to be
= Defiance of the authority, justice, or dignity of the used as a means to protect and preserve the dignity of
court which tends to being the authority and the court, the solemnity of the proceedings therein, and
administration of the law into disrespect or to interfere the administrations of justice from callous misbehavior,
with or prejudice party-litigants or their witnesses offensive personalities, and contumacious refusal to
during litigation. comply with court orders. (In the Matter to declare in
contempt of court Hon Simeon Datumanong, 2006)
It signifies:
→ a willful disregard or disobedience of the The power to punish for contempt essentially exists for
court’s orders THE PRESERVATION OF ORDER IN JUDICIAL
→ conduct tending to bring the authority of the PROCEEDINGS and to the enforcement of judgments,
court and the administration of law into orders, and mandates of the courts, and consequently,
disrepute or in some manner, to the due administration of justice. The reason behind
to impede the due administration of justice. the power to punish for contempt is that RESPECT
FOR THE COURTS GUARANTEES THE STABILITY
Broad sense – disregard of, or disobedience to, the OF THEIR INSTITUTION; without such guarantee, the
rules or orders of the the legislative or judicial body or institution of the courts would be resting on very shaky
an interruption of its proceedings by disorderly foundation. (Lorenzo Shipping Corp. v DMAP, 656
behavior or insolent language in its presence or so SCRA 331)
near thereto as to disturb its proceedings or to impair
the respect due to its body The exercise of the power to punish for contempt
has a DUAL ASPECT
Restrictive sense – comprehends a despising of the (Perkins v Dir. Of Prisons, 1933)
authority, justice, or dignity of a court (1) Primarily, the proper punishment of the guilty
party for his disrespect to the court.
To be considered CONTEMPTUOUS – (2) Secondarily, his compulsory performance of
An act must be clearly contrary to or prohibited by the some act or duty required of him by the court
order of the court or tribunal and which he refuses to perform.
AND
The act which is forbidden or required to be done is Note: CONGRESS, as a co-equal department, and for
clearly and exactly defined, so that there can be no purposes of self-preservation, has the power to punish
reasonable doubt or uncertainty as to what specific act for contempt.
or thing is forbidden or required
The contempt power of the legislature is exercised in
Purpose and Nature of Contempt Power relation to its POWER TO CONDUCT LEGISLATIVE
[RIANO] INQUIRIES.
The power to punish for contempt is INHERENT IN
ALL COURTS Limitation to such powers
(1) It must be exercised in aid of legislation
Need not specifically granted by statute (2) It must be in accordance with the duly
published rules of procedure, and
The power to punish for contempt essentially exists for (3) The rights of a person appearing in or affected
the preservation of order in judicial proceedings and by such inquiries shall be respected
enforcement of judgments, orders, and mandates of
the courts, and consequently, for the due There is no express constitutional provision which
administration of justice. vests Congress with the power to cite non-members of
the legislature for contempt. This power has been
Power should be exercised on the preservative, not the invoked by Congress “as a means of preserving its
vindictive, principle. authority and dignity. (Arnault v. Nazareno, 1950), in

the same way that courts wield an inherent power to State is the real Instituted by the
“enforce their authority, preserve their integrity, prosecutor aggrieved party or his
maintain their dignity, and ensure the effectiveness of successor, or someone
the administration of justice.” who has a pecuniary
interest in the right to be
Such powers is implied or inherent to the exercise of protected
legislative powers. As to Degree of Proof Requred
Proof beyond More than mere
Powers attaches not to the discharge of legislative reasonable doubt preponderance of
function per se but to the character of the legislature as evidence
one of the 3 independent and coordinate branches of As to availability of appeal
government. If accused is acquitted, If judgment is for
there can be no appeal. respondent, there can
On the other hand, LOCAL LEGISLATIVE BODIES are be an appeal
devoid of such power without any express legislative
grant, There being no provision in the LGC explicitly Proceedings for contempt are sui generis in nature
granting local legislative bodies the power to punish for criminal, but may be resorted to in civil, as well as
contempt, the Sangguniang Panglungsod of criminal actions, and independently of any action.
Dumaguete is devoid of power to punish petitioners.
In general, the character of contempt of whether it is
Kinds of Contempt criminal or civil is DETERMINED BY THE NATURE OF
A. According to Nature: THE CONTEMPT INVOLVED, regardless of the cause
(1) Criminal Contempt in which contempt arose, and relief sought or dominant
→ conduct directed against the authority and purpose.
dignity of the court or a judge acting judicially;
→ It is obstructing the administration of justice CRIMINAL CONTEMPT CIVIL CONTEMPT
which tends to bring the court into disrepute Primarily punishment Primarily compensatory or
or disrespect remedial
Vindicate the dignity and To enforce compliance with
(2) Civil Contempt authority of the court, and an order of a court for the
→ failure to do something ordered to be done protect the interests of the benefit of a party in whose
by a court or a judge for the benefit of the general public favor the order runs
opposing party therein and is therefore, an Vindicate the dignity of Protect, preserve, and
offense against the party in whose behalf the the courts enforce the rights of private
violated order was made. (People v Godoy, parties and compel
1995) obedience to orders,
judgments, and decrees
CRIMINAL CIVIL CONTEMPT made to enforce such rights
CONTEMPT
As to Nature B. According to the Manner of Commission
Punitive in nature – Remedial in nature – (1) Direct Contempt
To punish To compensate → act committed in the presence of or so
As to Purpose near the court or judge as to obstruct or
To preserve the court’s To provide a remedy for interrupt the proceedings before the
authority and to punish an injured suitor and to same
for disobedience of its coerce compliance with (2) Indirect Contempt/ Constructive
orders an order; for the Contempt
preservation of the → one not committed in the presence of
rights of private persons the court.
As to necessity of intent → It is an act done at a distance which
Intent is necessary Not necessary tends to belittle, degrade, obstruct or
As to who may institute embarrass the court and justice

DIRECT CONTEMPT INDIRECT CONTEMPT sworn or to answer as a witness, or to subscribe an
(contempt in facie (constructive contempt) affidavit or deposition when lawfully required to do so,
curiae) may be summarily adjudged in contempt by such court
As to How Committed and punished by a fine not exceeding two thousand
It is committed in the Not committed within the pesos or imprisonment not exceeding ten (10) days, or
presence of or so near a presence of the court both, if it be a Regional Trial Court or a court of
court equivalent or higher rank, or by a fine not exceeding two
As to necessity of hearing hundred pesos or imprisonment not exceeding one (1)
Summary proceeding. There is a charge and day, or both, if it be a lower court. (1a)
No process or evidence hearing because the
necessary. contumacious act is Grounds for Direct Contempt
committed outside the Any of the following acts:
personal knowledge of (1) misbehavior in the presence of or so near a
the judge court as to obstruct or interrupt the proceedings,
As to penalty (2) disrespect toward the court,
Punishment: Punishment: (3) offensive personalities toward others,
If committed against If committed against (4) refusal to be sworn or to answer as a witness,
RTC: RTC: or to subscribe an affidavit or deposition when
→ Fine not exceeding → Fine not lawfully required to do so,
P2000 or exceeding (5) when the counsel wilfully and deliberately
imprisonment not P30,000 or engages in forum shopping
exceeding 10 days, imprisonment
or both. not exceeding » the COURT may be SUMMARILY ADJUDGED IN
6 months or DIRECT CONTEMPT. No formal proceedings is
MTC: both required.
Fine not exceeding
P200 or imprisonment MTC: Examples of Direct Contempt
not exceeding 1 day or Fine not exceeding (1) Contemptuous pleadings, When direct
both P5000 or imprisonment contempt
not exceeding 1 month » unfounded accusations or allegations or
or both words tending to embarrass the court or to
As to Available Remedy bring it into disrepute have no place in
certiorari or prohibition Appeal pleading
» a pleading containing derogatory, offensive
both in direct and indirect contempt or malicious statements submitted to the
EXECUTION of judgment may be SUSPENDED, court or judge in which the proceedings are
PROVIDED that a BOND is filed by the person pending has been ruled to be equivalent to
adjudged misbehavior committed in the presence of or
near a court or judge as to interrupt in the
AMOUNT is fixed by the COURT which rendered the proceedings before the same and therefore
judgment, AND constitutes direct contempt
» use of the phrase “gross ignorance of the
CONDITIONED that he will abide by and perform the law” in a motion for reconsideration of the
judgment should the petition/appeal be decided CTA’s decision is punishable by Direct
against him. Contempt
(2) acts of a party which constitutes as willful
SECTION 1. DIRECT CONTEMPT PUNISHED and deliberate forum shopping also
SUMMARILY amounts to direct contempt (Sec. 5, Rule 7)
Section 1. Direct contempt punished summarily. — A
person guilty of misbehavior in the presence of or so (3) contempt of court presupposes a
near a court as to obstruct or interrupt the proceedings contumacious attitude, a flouting of
before the same, including disrespect toward the court, arrogant belligerence, and a defiance of the
offensive personalities toward others, or refusal to be court

→ no basis of direct contempt if there is no suspended pending resolution of such petition,
proof that the laughter, conversations provided such person files a bond fixed by the court
and glances of persons directed to the which rendered the judgment and conditioned that he
judge and that they disrupted or will abide by and perform the judgment should the
obstructed the proceedings (Laurel v. petition be decided against him. (2a)
Francisco, 2010)
Remedy of person adjudged in direct contempt
(4) NOT VALID DEFENSE: even assuming that person adjudged by any court may NOT appeal
the impressions and conclusions of the therefrom, but may avail himself of the remedies of
person in contempt are justified by the CERTIORARI OR PROHIBITION directed against the
facts, the same is still not a valid defense in court which adjudged him
cases of contempt. Respect for the judicial
office should always be observed and The EXECUTION OF THE JUDGMENT shall be
enforced. suspended pending resolution of such petition for
certiorari or prohibition, PROVIDED such person:
No formal proceeding required; summary (1) files a bond fixed by the court which rendered
proceedings the judgment and,
No formal proceedings are required to cite a person in (2) conditioned that he will abide by and perform
direct contempt the judgment should the petition be decided
against him.
Court may SUMMARILY ADJUDGE one in direct
contempt without a hearing
SECTION 3. INDIRECT CONTEMPT TO BE
PUNISHED AFTER CHARGE AND HEARING.
The court may proceed, upon its own knowledge of the
Section 3. Indirect contempt to be punished after charge
facts without further proof and without issue or trial in
and hearing. — After a charge in writing has been filed,
any form, to punish a contempt committed directly
and an opportunity given to the respondent to comment
under its eye or within its view. But there must be
thereon within such period as may be fixed by the court
ADEQUATE FACTS TO SUPPORT A SUMMARY
ORDER FOR CONTEMPT IN THE PRESENCE OF and to be heard by himself or counsel, a person guilty of
THE COURT. (Lorenzo Shipping Corp v DMAP, 2011) any of the following acts may be punished for indirect
contempt;
Punishment for Direct Contempt:
RTC or court of (1) fine not exceeding a) Misbehavior of an officer of a court in the
equivalent rank: P2000 or performance of his official duties or in his official
(2) imprisonment not transactions;
exceeding 10 days, b) Disobedience of or resistance to a lawful writ,
(3) or both process, order, or judgment of a court, including
Lower Court: (1) fine not exceeding the act of a person who, after being dispossessed
P200 or or ejected from any real property by the judgment
(2) imprisonment not or process of any court of competent jurisdiction,
exceeding 1 day, enters or attempts or induces another to enter into
(3) or both or upon such real property, for the purpose of
If contempt consists of He may be imprisoned executing acts of ownership or possession, or in
refusal or omission to do by order of the court any manner disturbs the possession given to the
an act which is yet within concerned until he person adjudged to be entitled thereto;
the power of the performs it. (Sec. 8, c) Any abuse of or any unlawful interference with the
respondent to perform Rule 71, ROC) processes or proceedings of a court not
constituting direct contempt under section 1 of this
SECTION 2. REMEDY THEREFROM Rule;
Section 2. Remedy therefrom. — The person adjudged in d) Any improper conduct tending, directly or
direct contempt by any court may not appeal therefrom, indirectly, to impede, obstruct, or degrade the
but may avail himself of the remedies of certiorari or administration of justice;
prohibition. The execution of the judgment shall be

e) Assuming to be an attorney or an officer of a court, property by the judgment or process of any
and acting as such without authority; court of competent jurisdiction, ENTERS OR
f) Failure to obey a subpoena duly served; ATTEMPTS OR INDUCES ANOTHER TO
g) The rescue, or attempted rescue, of a person or ENTER INTO OR UPON SUCH REAL
property in the custody of an officer by virtue of an PROPERTY, for the purpose of executing acts
order or process of a court held by him. of ownership or possession, or in any manner
disturbs the possession given to the person
But nothing in this section shall be so construed as to adjudged to be entitled thereto;
(3) Any ABUSE OF OR ANY UNLAWFUL
prevent the court from issuing process to bring the
INTERFERENCE with the processes or
respondent into court, or from holding him in custody
proceedings of a court not constituting direct
pending such proceedings. (3a)
contempt under section 1 of this Rule;
(4) Any IMPROPER CONDUCT tending, directly or
NATURE OF INDIRECT CONTEMPT
indirectly, to impede, obstruct, or DEGRADE
INDIRECT CONTEMPT OR CONSTRUCTIVE
THE ADMINISTRATION OF JUSTICE;
CONTEMPT – committed out of the presence of the
(5) ASSUMING TO BE AN ATTORNEY or an
court
officer of a court, and acting as such without
authority;
Proceedings for punishment of indirect contempt are
(6) FAILURE TO OBEY a SUBPOENA duly
CRIMINAL IN NATURE.
served;
(7) The rescue, or attempted rescue, of a person or
This form of contempt is conduct that is directed
property in the custody of an officer by virtue of
against the dignity and authority of the court or judge
an order or process of a court held by him.
acting judicially; it is an act obstructing the
(8) the FAILURE BY COUNSEL TO INFORM THE
administration of justice which tends to bring the court
COURT OF THE DEATH of his client
into disrepute or disrespect.
Examples of Indirect Contempt:
INTENT IS A NECESSARY ELEMENT IN CRIMINAL
(1) Failure of counsel to inform the court of the death
CONTEMPT, no one can be punished for a crime of
of his client constitutes = INDIRECT
contempt unless the evidence makes it clear that he
CONTEMPT. (Rule 3, Sec 16)
intended to commit it. (Marantan v. Diokno, 2014)
→ Since it constitutes an improper conduct
tending to impede the administration of
In contempt, the INTENT GOES TO TE GRAVAMEN
justice
OF THE OFFENSE. Thus, the good faith or lack of it,
→ Also a ground for disciplinary action
of the alleged contemnor is considered.
under Sec. 16, Rule 3, ROC
(2) Act of re-entry by a party into the land from which
A person should not be condemned for contempt
he was ordered by the court to vacate may be
where he contends for what he believes to be right and
punished for contempt of court even after the
in good faith institutes proceedings for the purpose,
lapse of five years from the date of execution of
however erroneous may be his conclusion as to his
judgment – until the decision is annulled and set
rights. To constitute contempt, the ACT MUST BE
aside in the proper proceedings, the same must
DONE WILFULLY AND FOR AN ILLEGITIMATE OR
be given effect
IMPROPER PURPOSE. (St. Louis University v.
(3) No indirect contempt for performing an act
Olairez, 2014)
beyond the effectivity of the TRO which has
lapsed automatically even if performed during the
SPECIFIC ACTS CONSTITUTING INDIRECT
period of extension granted by the court for the
CONTEMPT
same reason for which the order was originally
(1) Misbehavior of an officer of a court in the
granted
performance of his official duties or in his
(4) WRIT OF KALIKASAN
OFFICIAL TRANSACTIONS;
– the court after hearing, punish respondent who
(2) Disobedience of or RESISTANCE TO A
refuses or unduly delays the filing of a return, or
LAWFUL WRIT, process, order, or judgment of
who makes a false return, for indirect contempt
a court, including the act of a person who, after
being dispossessed or ejected from any real

→ The court after hearing, punish any person
who disobeys or resists a lawful order of the Note: In special judgments under Rule 39, Sec 11, the
court for indirect contempt person required by the judgment to obey the same may
(5) Failure to remit and/or withhold or any delay in the be punished for contempt if he disobeys.
remittance of support to the woman and/or her
child without justifiable cause shall render the
respondent or his employe liable for indirect No contempt however lies in:
contempt of court  judgements for money (Sec. 9) and
 judgments for specific act (Sec. 10) under
In cases of disobedience of or resistance to lawful Rule 39.
writ, process, order or judgments, the following
must be present: But nothing in this section shall be so construed as to
(1) order must be specific prevent the court from issuing process to bring the
(2) order must be lawful respondent into court, or from holding him in custody
(3) disobedience should be willful pending such proceedings.
Contemptous pleadings, when indirect contempt CLEAR AND PRESENT DANGER RULE IN
» the use of disrespectful or contemptuous CONTEMPT
language against a particular judge in pleadings Freedom of Speech v. Maintenance of Independence
presented in another court or proceedings is of the Judiciary
INDIRECT
 not direct contempt as it is not Clear and Present Danger Rule
tantamount to a misbehavior in the = means that the evil consequence of the comment
presence of or so near a court or must be “extremely serious and the degree of
judge as to interrupt the imminence extremely high” before the utterance can be
administration of justice (Ang v punished
Castro, 1985)
There must exist a CLEAR AND PRESENT DANGER
Writ of execution addressed to sheriff THAT THE UTTERANCE WILL HARM THE
A person cannot be punished for alleged disobedience ADMINISTRATION OF JUSTICE.
of an order of the court, such as a writ of execution
directing the sheriff to place the plaintiff in possession Freedom of speech should not be impaired through the
of the property held by said person. exercise of the power of contempt of court unless, there
is doubt that the utterance in question make a serious
Said writ is addressed to the sheriff and not the plaintiff and IMMINENT THREAT to the administration of
as it is the sheriff who must perform his duty. (Lipata v justice.
Tutaan, 1983)
For a comment to be considered as contempt of court
by virtue of a judgment or order of a competent court, “it must really appear” that such does impede, interfere
a litigant has been placed in possession of real with and embarrass the administration of justice.
property, the re-entry of the adverse party who was
evicted therefrom constitutes contempt and there is What is sought to be protected: all-important duty of the
no time limit in which re-entry constitutes contempt court to administer justice in the decision of a pending
(Medina v Garces, 1980) case.
the act if re-entry by a party into the land from which he SECTION 4. HOW PROCEEDINGS COMMENCED
was ordered by the court to vacate may be punished Section 4. How proceedings commenced. —
for contempt of court even after the lapse of the Proceedings for indirect contempt may be
judgment. the re-entry is clearly a defiance of the initiated motu propio by the court against which the
authority of the court. (Patagan v Panis, 1967) contempt was committed by an order or any other
formal charge requiring the respondent to show cause
if the court has jurisdiction when it rendered judgment, why he should not be punished for contempt.
the same cannot be disobeyed however erroneous it
may be.

In all other cases, charges for indirect contempt shall unless the COURT in its DISCRETION orders the
be commenced by a verified petition with supporting consolidation of the contempt charge and the principal
particulars and certified true copies of documents or action for joint hearing and decision.
papers involved therein, and upon full compliance with
the requirements for filing initiatory pleadings for civil SECTION 5. WHERE CHARGE TO BE FILED
actions in the court concerned. If the contempt charges Section 5. Where charge to be filed. — Where the charge
arose out of or are related to a principal action pending for indirect contempt has been committed against a
in the court, the petition for contempt shall allege that Regional Trial Court or a court of equivalent or higher
fact but said petition shall be docketed, heard and rank, or against an officer appointed by it, the charge
decided separately, unless the court in its discretion may be filed with such court. Where such contempt has
orders the consolidation of the contempt charge and been committed against a lower court, the charge may
the principal action for joint hearing and decision. (n) be filed with the Regional Trial Court of the place in
which the lower court is sitting; but the proceedings
Procedural requisites before the accused may be may also be instituted in such lower court subject to
punished for indirect contempt: appeal to the Regional Trial Court of such place in the
(1) charge in writing has been filed, and same manner as provided in section 11 of this Rule. (4a;
(2) an opportunity given to the respondent to appear Bar Matter No. 803, 21 July 1998)
and explain his conduct
(3) to be heard by himself or counsel If IC committed against the charge may be filed
a: with such court.
Modes of Commencing A Proceeding For Indirect (1) Regional Trial Court
Contempt or
(1) by an order or any other formal charge (2) a court of
requiring the respondent to show cause why equivalent or higher
he should not be punished for contempt rank, or
(MOTU PROPRIO) (3) against an officer
→ applies only when the indirect contempt is appointed by it
committed against a court or judge If committed against a the charge may be filed
possessed and clothed with contempt powers lower court: with the
(1) Regional Trial
(2) a VERIFIED PETITION with supporting Court of the place
particulars and certified true copies of in which the lower
documents or papers a certification against court is sitting;
forum shopping (independent action) (2) but the
→ applies if contemptuous act was committed proceedings may
not against a court or a judicial officer with also be instituted in
authority to punish contemptuous acts such lower court
subject to appeal
The mode of procedure and rules of evidence in to the Regional
indirect contempt proceedings are assimilated to Trial Court of such
criminal prosecutions. The court does not declare the place in the same
respondent in default since the proceeding partakes manner as
the nature of a criminal prosecution. (Fuentes v provided in section
Leviste, 1982) 11 of this Rule.
If IC was committed charge shall be filed with
If the contempt charges arose out of or are related to a against persons or the RTC of the place
principal action pending in the court: entities exercising wherein the contempt
→ the petition for contempt shall allege that fact but quasi-judicial functions: was committed
said
→ petition shall be DOCKETED, HEARD AND
DECIDED SEPARATELY
General Rule: proceedings for indirect contempt shall
be filed and tried by the COURT against which the
CONTUMACIOUS CONDUCT was committed

Since an indirect contempt charge partakes the nature
Exceptions: of a criminal charge, conviction cannot be had merely
(1) If committed against a lower court: it may be tried on the basis of written pleadings.
by the RTC
(2) If committed against the SC: it may cause it to be Effect of failure to appear on the date of hearing
investigated by the prosecutor and filed with the after due notice without justifiable reason
RTC
Court may ORDER HIS ARREST, just like accused in
SECTION 6. HEARING; RELEASE ON BAIL a criminal case who fails to appear when so required.
Section 6. Hearing; release on bail. — If the hearing is
not ordered to be had forthwith, the respondent may be Court does not declare respondent in default.
released from custody upon filing a bond, in an amount
fixed by the court, for his appearance at the hearing of Court has the authority to hold respondent in custody
the charge. On the day set therefor, the court shall pending the proceedings (Sec. 3, Rule 71)
proceed to investigate the charge and consider such
IF THE HEARING IS NOT ORDERED TO BE HAD-
comment, testimony or defense as the respondent may
the respondent may be released from custody:
make or offer. (5a)
→ upon filing a bond,
→ in an amount fixed by the court,
NECESSITY FOR HEARING
→ for his appearance at the hearing of the
Respondent must be served with a copy of the petition
charge.
Respondent is not required to file a formal answer
similar to that in ordinary civil actions; hearing on a SECTION 7. PUNISHMENT FOR INDIRECT
fixed date and time on which respondent must make CONTEMPT
his appearance to answer the charge Section 7. Punishment for indirect contempt. — If the
respondent is adjudged guilty of indirect contempt
On the day set therefor, the court shall proceed to committed against a Regional Trial Court or a court of
investigate the charge and consider such comment, equivalent or higher rank, he may be punished by a fine
testimony or defense as the respondent may make or not exceeding thirty thousand pesos or imprisonment
offer. not exceeding six (6) months, or both. If he is adjudged
guilty of contempt committed against a lower court, he
Whether the proceedings are initiated by a verified may be punished by a fine not exceeding five thousand
petition or by the court motu proprio, is the duty of the pesos or imprisonment not exceeding one (1) month, or
court to ensure that the proceedings are conducted both. If the contempt consists in the violation of a writ of
respecting the right to due process of the party being injunction, temporary restraining order or status
cited in contempt. quo order, he may also be ordered to make complete
restitution to the party injured by such violation of the
In both modes of initiating indirect contempt property involved or such amount as may be alleged
proceedings, IF THE COURT DEEMS THAT THE and proved.
ANSWER TO THE CONTEMPT CHARGE IS
SATISFACTORY, THE PROCEEDINGS END.
The writ of execution, as in ordinary civil actions, shall
issue for the enforcement of a judgment imposing a fine
The court must CONDUCT A HEARING, and the court
unless the court otherwise provides. (6a)
must CONSIDER THE RESPONDENT’S ANSWER.
Only if FOUND GUILTY will the respondent be If the respondent is adjudged guilty of indirect
punished accordingly. (Capitol Hills v Sanchez, 2014) contempt committed against a:
Regional Trial Court or (1) fine not exceeding
A hearing is required in order to resolve a charge for a court of equivalent P30,000 or
indirect contempt; respondent to charge may not be or higher rank (2) imprisonment not
convicted on the basis of written pleadings alone. exceeding 6
months,
(3) or both.

lower court (1) a fine not SECTION 9. PROCEEDING WHEN PARTY
exceeding P5000 RELEASED ON BAIL FAILS TO ANSWER
or Section 9. Proceeding when party released on bail fails
(2) imprisonment not to answer. — When a respondent released on bail fails
exceeding 1 to appear on the day fixed for the hearing, the court may
month, issue another order of arrest or may order the bond for
(3) or both. his appearance to be forfeited and confiscated, or both;
If the contempt he may also be ordered and, if the bond be proceeded against, the measure of
consists in the to make complete damages shall be the extent of the loss or injury
violation of: restitution to the party
sustained by the aggrieved party by reason of the
(1) a writ of injured by such
misconduct for which the contempt charge was
injunction, violation of the property
prosecuted, with the costs of the proceedings, and such
(2) temporary involved or such amount
recovery shall be for the benefit of the party injured. If
restraining order as may be alleged and
there is no aggrieved party, the bond shall be liable and
or proved.
disposed of as in criminal cases. (8a)
(3) status quo order
Where the act is Penalty shall depend
committed against a upon the provision of The court may:
person or entity law which authorizes a (1) issue another order of arrest or
exercising quasi- penalty for contempt (2) order the bond for his appearance to be
judicial functions against such persons or forfeited and confiscated,
entity. (3) or both;
The writ of execution, as in ordinary civil actions, shall AND if the bond be proceeded against:
issue for the enforcement of a judgment imposing a fine the measure of damages shall be THE EXTENT OF
unless the court otherwise provides. THE LOSS OR INJURY SUSTAINED BY THE
AGGRIEVED PARTY by reason of the misconduct for
May a non-party be held for contempt? which the contempt charge was prosecuted,
As a rule NO. However, if he is GUILTY OF
CONSPIRACY with any one of the parties in violating with the costs of the proceedings, and
the court’s orders, he may be liable. (Desa Enterprise
Inc v SEC, 1982) recovery shall be for the benefit of the party injured.
NOTE: If a person is acquitted in an indirect contempt If there is no aggrieved party:

case he can no longer be charged again for the same the bond shall be liable and disposed of as in criminal
offense because a contempt proceeding, whether civil cases.
or criminal, is still a criminal proceeding, hence an
acquittal is a bar to a second prosecution. (Santiago v Section 10. Court may release respondent
Anunciacion, 1990) Section 10. Court may release respondent. — The court
which issued the order imprisoning a person for
SECTION 8. IMPRISONMENT UNTIL ORDER contempt may discharge him from imprisonment when
OBEYED it appears that public interest will not be prejudiced by
Section 8. Imprisonment until order obeyed. — When his release. (9a)
the contempt consists in the refusal or omission to do
an act which is yet in the power of the respondent to It is only the JUDGE, WHO ORDERS THE
perform, he may be imprisoned by order of the court CONFINEMENT OF A PERSON FOR CONTEMPT OF
concerned until he performs it. (7a) COURT, who can issue an order of release.
When the contempt consists in the REFUSAL OR The court may discharge him from imprisonment when
OMISSION TO DO AN ACT WHICH IS YET IN THE it appears that public interest will not be prejudiced by
POWER OF THE RESPONDENT TO PERFORM, he his release.
may be imprisoned by order of the court concerned
until he performs it. The release shall be upon the order of the same court
which ordered the imprisonment.

SECTION 11. REVIEW OF JUDGMENT OR FINAL (3) An acquittal in contempt proceedings being penal
ORDER; BOND FOR STAY in nature, its denial after trial amounts to a virtual
Section 11. Review of judgment or final order; bond for acquittal from which an appeal would not life
stay. — The judgment or final order of a court in a case of
indirect contempt may be appealed to the proper court Note: In contempt proceedings, as in criminal
as in criminal cases. But execution of the judgment or proceedings, an appeal would not lie from the order of
final order shall not be suspended until a bond is filed by dismissal of, or an exoneration from, a charge of
contempt of court.
the person adjudged in contempt, in an amount fixed by
the court from which the appeal is taken, conditioned
that if the appeal be decided against him he will abide by SECTION 12. CONTEMPT AGAINST QUASI-
JUDICIAL ENTITIES
and perform the judgment or final order. (10a)
Section 12. Contempt against quasi-judicial entities. —
Unless otherwise provided by law, this Rule shall apply
The judgment or final order of a court in a case of
to contempt committed against persons, entities,
indirect contempt may be APPEALED to the proper
bodies or agencies exercising quasi-judicial functions,
court as in criminal cases. (NOTICE OF APPEAL)
or shall have suppletory effect to such rules as they
Judgment or final order is IMMEDIATELY may have adopted pursuant to authority granted to
EXECUTORY them by law to punish for contempt. The Regional Trial
Court of the place wherein the contempt has been
SUSPENDED: by a bond is filed by the person committed shall have jurisdiction over such charges as
adjudged in contempt may be filed therefor. (n)
→ in an amount fixed by the court from which
the appeal is taken, Rule 71 applies SUPPLETORY to contempt committed
→ conditioned that if the appeal be decided against persons, entities, bodies or agencies
against him he will abide by and perform the EXERCISING QUASI-JUDICIAL FUNCTIONS.
judgment or final order.
Jurisdiction
As in CRIMINAL CASES, a judgment: Quasi-judicial bodies that have the power to cite
ABSOLVING a person charged with criminal persons for indirect contempt pursuant to Rule 71 can
contempt; or DISMISSING the contempt charged only do so by initiating them in the Regional Trial Court
is NOT APPEALABLE. of the place wherein the contempt has been
committed. [VERIFIED PETITION]
Unless, as in CRIMINAL CASES, there has been no
adjudication on the merits but only a dismissal on It is not within their jurisdiction or competence to decide
motion of the person charged based on jurisdictional the indirect contempt cases.
ground;
Labor Code/NLRC empowered by the Labor Code
but these rulings DO NOT APPLY TO CIVIL Rule 71 does not require the labor arbiter or the NLRC
CONTEMPT and APPEAL LIES FROM THE ORDER to initiate indirect contempt proceedings before the trial
finding the defendant guilty or absolving him of the court. This mode is to be observed only when there is
charge. no law granting them contempt powers. (Robosa v
NLRC, 2012)
When Double Jeopardy exists
(Insurance Commissioner v. Globe Assurance Co. Art. 218 of the Labor Code, the NLRC (and labor
Inc., 1982) arbiters) may hold any offending party in contempt,
(1) reconsideration by the trial court of its order directly or indirectly, and impose appropriate penalties
denying the motion for contempt had the effect of in accordance with law.
placing the respondents in double jeopardy,
considering that the denial of the motion is Penalty for direct contempt: FINE or IMPRISONMENT
equivalent to a judgment of acquittal.
(2) Civil contempt cannot be a basis for second Degree or Amount: depends upon whether the
jeopardy. But criminal contempt could be a contempt is against the Commissioner or Labor Arbiter
different matter.

The Labor Code requires the LA or Commissioner to
deal with indirect contempt in the manner prescribed
under Rule 71.
Proper court: NLRC
Initiation of an indirect contempt proceedings before

the trial court is PROPER ONLY WHEN no law grants
them of contempt powers.
Securities and Exchange Commission

The Chairman and the commissioners of the SEC must
exercise the power of contempt judiciously and
sparingly with utmost self-restraint. (SEC v. Recto,
1999)
Contempt in relation to Execution of Judgments

Punishable:
(1) If after dispossession, he should continue to
execute acts of ownership or possession, or in any
manner disturb the possession of the judgment
creditor, only then may he be charged and
punished of contempt. It is not the refusal to vacate
but the re-entry to the property after ouster.
(2) When the subject of execution is a special
judgment, which directs the performance of an act
other than the payment of money, sale or delivery
of the property or those mentioned in sec. 9 and
10, rule 39, — like mandamus, if specifically
directed to the person required to do the same. If
he disobeys the judgment he may be punished for
contempt. It fslls undr Sec 3(b) Rule 71 in rel. to
Sec. 11, Rule 39.
(3) An officer who disobeys a writ of certiorari against
him, shall be punishable for contempt.
ADDITIONAL NOTES:
Criticisms shall not spill over the walls of decency and
propriety.
Intemperate and unfair criticisms is a gross violation of

the duty to respect courts and therefore warrants the
wielding of the power to punish for contempt. (Garcia v
Manrique, 2012)

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SPECIAL CIVIL ACTIONS

Honrales & Mateo (2019) 1

Note: the issue Note: it must

Honrales & Mateo (2019) 2

Honrales & Mateo (2019) 3

Honrales & Mateo (2019) 4

Honrales & Mateo (2019) 5

The court determines only the issue of who has a better

Honrales & Mateo (2019) 6

As a rule, an action must be justified, as no other DECLARATORY RELIEF

Purpose of Declaratory Relief

Honrales & Mateo (2019) 7

NB: where the law or contact has already been

Honrales & Mateo (2019) 8

Honrales & Mateo (2019) 9

Honrales & Mateo (2019) 10

Honrales & Mateo (2019) 11

Applicable in case of legal redemption and conventional

These 3 are similar to Declaratory Relief because

Honrales & Mateo (2019) 12

RULE 64 of the denial of said

Honrales & Mateo (2019) 13

SECTION 4. DOCKET AND OTHER LAWFUL FEES

Honrales & Mateo (2019) 14

Honrales & Mateo (2019) 15

SECTION 8. EFFECT OF FILING

General Rule: The filing of a petition for certiorari shall

Exception: unless the Supreme Court shall direct

SECTION 9. SUBMISSION FOR DECISION

Honrales & Mateo (2019) 16

CERTIORARI Requisites of Certiorari

Honrales & Mateo (2019) 17

Honrales & Mateo (2019) 18

Honrales & Mateo (2019) 19

Honrales & Mateo (2019) 20

The petition shall likewise be accompanied by a certified

Prohibition is a PREVENTIVE REMEDY. Petitioner

Honrales & Mateo (2019) 21

Ministerial Function Thus, petitions for certiorari and prohibition are

Honrales & Mateo (2019) 22

WRIT OF MANDAMUS IS A PREROGATIVE WRIT.

Mandamus will not lie to compel the performance of an

The principal function of a mandamus is to

Honrales & Mateo (2019) 23

Honrales & Mateo (2019) 24

Honrales & Mateo (2019) 25

Honrales & Mateo (2019) 26

Honrales & Mateo (2019) 27

Order requiring the respondent to comment is

Honrales & Mateo (2019) 28

The court, however, may dismiss the petition if it finds

After the comment or other pleadings required are filed,

If petition is not sufficient in form and substance, the

The court may also dismiss the petition if it finds the

In such event, the court may award TREBLE COSTS

It is not mandatory for the court to receive evidence and

SECTION 9. SERVICE AND ENFORCEMENT OF

Honrales & Mateo (2019) 29

→ Involving enforcement or violations of Who may file an action

in highly meritorious cases or to prevent a manifest

Honrales & Mateo (2019) 30

Honrales & Mateo (2019) 31

SECTION 1. NATURE OF THE WRIT.