SPECIAL CIVIL ACTIONS

THESE ARE BASICALLY ORDINARY CIVIL PROCEEDINGS, BUT WHAT MAKES THEM SPECIAL ARE THE DISTINCT PECULARITIES INHERENT IN THEIR VERY NATURE NOT FOUND IN ORDINARY CIVIL ACTIONS

1.INTERPLEADER (ITS AN ORIG ACTION)

A special civil action whereby a person who has property in his possession w/o claiming a right therein or an obligaiton to render in whole or part an interest which is not disputed by the claimant,comes to court and asks that the persons who considers themselves entitled that they may demand compliance w/ obligation be required to litigate among themselves to determine who is entitled to the same. --Complaint in interpleader must be answered 15 days from service of summons

2.REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT Appeals from decisions of the Civil Service Commission are now brought to the CA by law (RA 7902 which took effect on February 1995) via petition for review under Rule 43.

3.DECLARATORY RELIEF AND SIMILAR REMEDIES

PERSON INTERESTED UNDER A DEED OR WILL, CONTRACT OR

OTHER WRITTEN INSTRUMENT OR WHOSE RIGHTS ARE AFFECTED BY A STATUTE OR

EXEC.ORDER OR ORDINANCE

MAY BEFORE BREACH OR VIOLATION BRING AN ACTION TO DETERMINE ANY QUESTION OF VALIDITY ARISING THEREFROM AND FOR DECLARATION OF HIS RIGHTS AND DUTIES.

Requisites for action for declaratory relief: a. Subject matter of controversy is a deed, will, contract, or other written instrument, statute, executive order, or regulation, or ordinance; b. c. Court may refuse to adjudicate where decision would not terminate the uncertainty or controversy which gave rise to the action OR where the declaration is not necessary and proper at the time;

Terms and validity thereof are doubtful and require judicial construction; No breach of the document, otherwise ordinary civil action is the remedy; Must be before breach is committed, as in the case where the petitioner paid under protest the fees imposed by an ordinance. Declaratory relief still proper because the applicability of the ordinance to future transactions still remains to be resolved, although the matter could be threshed out in an ordinary suit for the recovery of the fees paid.

d. e. f.

There is an actual justiciable controversy between persons whose interests are adverse; The same is ripe for adjudication; Adequate relief is not available through other means or other forms of action or proceeding.

An action for declaratory relief may also be brought for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to consolidate ownership. To register his title to real property bought with a right of redemption, the buyer must file an action for declaratory relief. (2005 notes) It is not available in breach of contract or statute and that whenever a person who is adversely affected is not included as defendant ,such is not bounded by the action for declaratory relief (Degala v. Reyes) (2005 notes) It is also not available when it is a Political Question, Declaration of Citizenship, Petition to seek relief from a moot and academic question or if decision does not terminate uncertainty or controversy.

Grounds for the court to refuse to exercise declaratory relief 1. 2. a decision would not terminate the uncertainty or controversy which gave rise to the action, or the declaration or construction is not necessary and proper under the circumstances.

4.CERTIORARI, MANDAMUS AND PROHIBITION Certiorari to correct errors of jurisdiction; refers to only to judicial or quasi-judicial functions BAR: While trial was going on,lawyer of Mario Reyes discovered there was improper service of summons, since it was sent by registered mail. He filed a motion to dismiss on ground of courts lack of jurisdiction over person of Mario. If MTD is denied, what is recourse of Mario? It is not immediate appeal since order is interlocutory, but since issue raised is lack of jurisdiction over his person, he may file petition for certiorari under Rule 65. BAR:On Jan 3,1991, 4blue Corp. filed a complaint for foreclosure of real estate mortgage against one of its sales agents. A,who was discovered to have incurred a shortage in his account. Mortgage was executed to guarantee faithful compliance with his duties and responsibilities as agent. Impleaded in complaint as co-defendants were As co-mortgagors Band C. Acting on defendants MTD, court dismissed complaint in order dated Feb 15,1991, a copy of which was received by 4blue on Feb 18. On March 15 and definitely within reasonable time, 4blue filed with SC a special civil action for certiorari alleging that trial court acted in excess of jurisdiction. HELD: SC should not give due course to petition since the proper remedy is appeal from order of dismissal. Certiorari under Rule 65 cannot take the place of a lost appeal.

2005 notes:when may a sca for certiorari be given due course ,nothwithstanding that no motion for reconsideration has been filed before the lower court? 1.issue raised in purely one of law 2.public interest is involved 3.matter is one of urgency 4.question of jurisdiction was squarely raised, submitted ,met and decided by the lower court 5.where order is a patent nullity

Grounds for the court to moto propio dismiss the special civil action for CPM 1. 2. 3. patently without merit prosecuted manifestly for delay, or the questions raised therein are too unsubstantial to require consideration.

Prohibition

to prevent respondent from usurping a jurisdiction which it is not legally vested; refers to judicial, quasi-judicial or ministerial functions

It is directed ANYBODY.The result is the respondent is ordered to desist from further proceedings. (BAR) An action that seeks to recover ownership and possession of a parcel of land. B filed a motion to dismiss this complaint file w/ RTC of Manila on ground of improper venue. Court denied motion. B filed motion for recon of the order denying his motion to dismiss. Court also denied this motion. Thereupon, b filed w/ SC a petition for certiorari. HELD: Remedy taken by B is not proper. B should file petition for prohibition. 2005 notes: Prohibition is generally directed against a court or judicial officer while injunction is directed against private parties. Prohibition strikes at the very essence of jurisdiction, whereas ,injunction ordinarily recognizes jurisdiction of the court.

Mandamus to require or compel the respondent to perform a particular duty, which duty results from the official station of the respondent, or from operation of law; refers only to ministerial

2 Concepts: 1.POSITIVE REMEDY--Mandamus is a special civil action whereby a court of jurisdiction commands an inferior tribunal, corp or person to perform a particular duty w/c the law requires to be done resulting from such office or trust. 2.NEGATIVE REMEDY--Mandamus is a preventive remedy whereby a person is directed to desist from unlawfully excluding another from the use/enjoyment of an office,trust or station. 2005 Notes: Mandamus in both remedies is directed against entities exercising only ministerial functions. The result is the respondent is ordered to desist from further proceedings. HELD: I will file Quo Warranto to compel X to show by what right he continues to hold office as mayor to which B was newly elected to the position. X not merely excludes B from the use and enjoyment of the office, but lays claim to such office. If X merely excludes B from the office, w/o making a claim to it under a color of law, then ,the remedy would be mandamus.

2005 notes: Mandamus will lie in the following cases: 1.Necessity to compel performance of a ministerial act w/c law requires to be performed by an officer of the legislative department. 2.Need to compel the performance of a ministerial act but not to compel a discretionary duty 3.Issuance of executon by a municipal judge in a case where the defendant fails to pay rent within the time fixed in the judgment. 4.Where there is need for the court to grant permission to 3rd persons to intervene in an action authorized by law.

5.QUO WARRANTO A demand made by the state upon some individual or corporation to show by what right they exercise some franchise or privilege appertaining to the State which according to the Constitution or the laws of the land, they can not legally exercise by virtue of a grant or authority from the State

Grounds for quo warranto filed by the government 1. 2. 3. a person usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise; a public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office; or an association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act.

Venue for quo warranto(Sec7) 1. 2. SC, CA or RTC exercising jurisdiction over the territorial area where the respondent or any of the respondents resides, or SC, CA or RTC of Manila if commenced by the Solicitor General

Periods for Instituting QW: 1.Against corporations- w/in 5 yrs after act complained was committed. 2.Against public officers/ee for his ouster from office- w/in 1 yr from outster 3.Action for damages by persons entitled to office w/in 1 yr after entry of judgment establishing his right to office

(BAR) V was director and L the assistant. V met an accident, so L took over. After 7 mos, L refused to relinquish position. What judicial remedy may V avail? HELD: Quo Warranto since L asserts right of office under some color of law. Had L merely usurped w/o claiming right to it, then remedy would be mandamus. V may bring action anytime during period L refuses to turn over the office.

Does V have to bring matter to the Office of the Sec of Agriculture, then to President for administrative remedy before he goes to court? HELD: NO, question is to whether L is entitled to seat as director is a legal question.

6. EXPROPRIATION (EMINENT

DOMAIN)

Power of the sovereign state to take or authorize the taking of any property within jurisdiction for the public use and without the owners consent

2 Stages in Expropriation (2005 notes) 1.Determination by court of the authority to exercise it & the propriety of the grant 2.Determination of compensation by the 3 commissions designated by the court .The designation is compulsory

7.PARTITION Division into severalty of any property owned in common which might be effected in any 2 ways:

a.Consent of parties designated as extra-judicial partition If after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest. A final order decreeing partition and accounting may be appealed by any party aggrieved thereby.

b.Compulsion of law called judicial partition.

Voluntary partition(Sec2) 1. 2. 3. parties agree to make the partition among themselves by proper instruments of conveyance the court confirms the partition so agreed partition, together with the order of the court confirming the same, recorded in the RoD of the place in which the property is situated

If the parties are unable to agree upon the partition

1. 2. 3. 4.

the court shall appoint not more than 3 competent and disinterested persons as commissioners to make the partition commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners. The oath shall be filed in court. The commissioners shall a. b. c. view and examine the real estate, after due notice to the parties to attend at such view and examination, and hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof set apart the same to the parties in lots or parcels as will be most advantageous and equitable, having due regard to 1) 2) 3) the improvements situation and quality of the different parts

5.

When the real estate, or a portion thereof, cannot be divided without prejudice to the interests of the parties, the court may order it a. b. assigned to one of the parties willing to take the same, provided he pays to the other parties such amounts as the commissioners deem equitable sold at public sale by the commissioners, if one of the interested parties so asks

6. 7. 8.

The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed 10 days within which to file objections to the findings of the report, if they so desire. Upon the expiration of the period of 10 days, or even before the expiration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, upon hearing a. b. c. d. e. accept the report and render judgment in accordance therewith; or for cause shown, recommit the same to the commissioners for further report of facts; or set aside the report and appoint new commissioners; or accept the report in part and reject it in part; and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value

9.

No proceeding had before or conducted by the commissioners shall pass the title to the property or bind the parties until the court shall have accepted the report of the commissioners and rendered judgment thereon.

8.JUDICIAL FORECLOSURE Effect of Confirmation of Sale by Court in a Judicial Foreclosure: 1.Title becomes fully vested upon the purchaser

2.He has right to enforce his title by a writ of possession as distinguished from writ of execution 3.It is ministerial upon the court to issue such writ of possession w/c can be enforced even after 5 years from date of finality of judgment (so long as no 3rd persons are adversely in possession of such property)

Remedies Available to Mortgagee whose credit is secured by REAL obligation)

ESTATE

mortgage (in event the mortgagor fails to pay upon the principal

1.Abandons mortgage and sue mortgagor for recovery of mortgage debt as an ordinary money claim 2.Files an action to foreclose the mortgage and rely solely on the proceeds of the sale. 3.Forecloses the mortgage and should there be any deficiency ,he may claim for deficiency judgment 2005 notes: Whenever he makes a choice on any of these 3, the mortgagee waives the others. 2005 notes:Right of Equity Redemptionright granted to mortgagor to pay his debt w/in the 90-day period. Right of mortgagor to redeem his property is suspended by an appeal taken but is revived upon affirmation of judgment by appellate court.

Remedies of Vendor in sale of PERSONAL PROPERTY in Installments:

1.Exact fulfillment of obligation whenever vendee fails to pay 2.Cancel sale, should vendees failure to pay covers 2/more installments 3.Foreclose chattel mortgage on thing sold (if one has been constituted) should vendees failure to pay cover 2/more installments In this case, he shall have no further action against purchaser to recover unpaid balance ,any agreement to contrary is void.

2005 notes: Action for recovery of deficiency judgment on a mortgage debt of P20,000 is a personal one and may be instituted in the place where plaintiff (one who files action) resides. 2005 notes: The Chattel Mortgagee is not the owner of the personal properties subject to Chattel Mortgage and does not transfer title of such properties. Neither is he entitled to possession of the property upon the execution of the Chattel Mortgage ,otherwise, the contract becomes a pledge and ceases to be a Chattel Mortgage. Order of Attachment may be properly issued in case of foreclosure of mortgage: However, such attachment pertain only to property of defendant not covered by mortgage And upon showing by affidavit that value of mortgage property is not sufficient to cover the debt and the debtor has disposed or is about to dispose of his property w/ intent to defraud creditor Writ of execution issued in favor of petitioner after lapse of redemption pd cannot be negated by injunctive order issued by the court hence purchaser at foreclosure is entitled to possession. Difference between Extra-Judicial from judicial: EJ: Quicker remedy Pd of redemption is w/in 1 yr from date of sale at public Auction

J :

Effected through regular procedure Pd of redemption is at any time before court confirms sale Except: foreclosures effected judicially by PNB,DBP.. Where redemption of such is w/in 1 yr from sale.

Deficiency judgment. If upon the sale of any real property there be a balance due to the plaintiff after applying the proceeds of the sale 1. 2. the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff if the balance is a. b. all due at the time of the rendition of the judgment execution may issue immediately not all due at the time of the rendition of the judgment the plaintiff shall be entitled to execution at such time as the balance remaining becomes due, which time shall be stated in the judgment

Registration A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds. 1. 2. If no right of redemption exists - the title of the mortgagor is cancelled, and a new one for the purchaser is issued Where a right of redemption exists a.the title of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. b.Where the property is 1.Redeemed the deed of redemption shall be registered with the RoD, and a brief memorandum thereof shall be made by the RoD on said certificate of title. 2.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 RoD; whereupon the title of the mortgagor is cancelled and a new one for the purchaser is issued 9.FORCIBLE ENTRY & UNLAWFUL DETAINER In Forcible Entry, regardless of the manner in w/c defendant acquired possession over the property by force or violence from w/c the plaintiff seeks to eject him, the law guarantees his peaceful possession and only through proceeding may he be deprived of his quiet and peaceful possession. In Unlawful Detainer, possession of defendant over plaintiffs property is legal from the beginning. Such possession became unlawful by reason of expiration of latters right to the possession of plaintiffs property as when he violates the terms of the contract of lease by non-payment of the rentals.

3 kinds of action for recovery of possession of real property: 1. 2. 3. Accion Interdictal- summary in character provided under Ley Enjuiciamiento Civil of 1881, purpose is to recover ownership and possession. Accion Publiciana- Plenary action to recover right of possession Accion Reivindicacion- action which seeks to recover ownership and possession

Who may institute proceedings 1. 2. 3. a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person

When at any time within 1 year after such unlawful deprivation or withholding of possession Where before the MTC who have original jurisdiction over forcible entry and detainer acitons (and if such is not more than 1 year), RTC (if more than 1 yr or if no force,intimidation or when question of title is in issue )

Remedy of Possessor deprived of possession:

FE- w/in 10 days from filing of complaint for ejectment, present a motion to secure from competent court a writ of prelim mandatory injunction to restore him in his possession. The court shall decide motion w/in 30 days from filing thereof (Civil Code). UD- Prelim mandatory injunction is not applicable in orig actions for unlawful detainer, except in case of appeal, whenever the appellate court finds that the appeal taken by the lessee isfrivolous or dilatory or that the appeal of the lessor is prima facie meritorious. Unless otherwise stipulated, an unlawful detained by the lessor shall be commenced only after (sec 2) 1.demand a. b. to pay or comply with the conditions of the lease and to vacate

2.made either c. d. e. upon the lessee, or by serving written notice of upon the person found on the premises, or by posting such notice on the premises if no person be found thereon

3.and the lessee fails to comply within f. g. 15 days in the case of land or 5 days in the case of buildings

2005 notes: If defendant has vacated the premises in an ejectment suit ,the case would become moot and academic and should be dismissed since the vacated premises have already been delivered to the ower (Tinio v Castro)

Sec. 3. Summary procedure (WAG KALIMUTAN!!!!) All ejectment actions, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure, except in cases 1. 2. covered by the agricultural tenancy laws or when the law otherwise expressly provides

Pleadings allowed to be filed (sec4) 1. 2. 3. 4. complaint compulsory counterclaim answers cross-claim pleaded in the answer

All pleadings shall be verified.

The court may, from an examination of the allegations in the complaint and such evidence as may be attached thereto(sec5) 1. 2. dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein, or if no ground for dismissal is found, issue summons

10.CONTEMPT Willful defiance/open disregard of the authority and dignity of a court either by disorderly behaviour or insolent language uttered in its presence either to disrupt proceeding or any failure to obey its lawful orders or processes. DIRECT CONTEMPT Not need to have written charge Summary judgment INDIRECT CONTEMPT Must have formal written charge or verified complaint Hearing is mandatory

Not appealable; only remedy is special civil action for certiorari or Appealable by notice of appeal prohibition Punished up to P2,000 fine and/or 10 day imprisonment if committed Punished up to P30,000 fine and/or 6 months imprisonment if committed against superior courts; P200 and/or 1 day if committed against lower courts against superior courts; P5,000 and/or 1 month if committed against lower courts Criminal contempt- Act committed in willful disrespect to court. Civil contempt- failure to comply w/ an order of the court and is intended for the benefit of another in a judicial proceeding.

When is exercise of power to punish contempt improper and when it is appropriate: Not Appropriate: Not necessary in the interest of justice considering the fact that proceeding involved is not only drastic but also extraordinary

Appropriate (also the grounds of Indirect contempt) 2005 notes: In indirect contempt, a written charge must be filed, and a hearing conducted. But the court may order the arrest of the respondent and to detain him pending the contempt proceedings.

1. 2. 3. 4. 5. 6. 7.

Misbehavior of an officer of a court in the performance of his official duties or in his official transactions; Disobedience of or resistance to a lawful writ, process, order, or judgment of a court abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice assuming to be an attorney or an officer of a court, and acting as such without authority; failure to obey a subpoena duly served; the rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him.

Note that a losing party in an ejectment case does not commit contempt by mere refusal to leave the premises. But if such party had been dispossessed pursuant to a court order, but subsequently disturbs the possession of the prevailing party, he now commits contempt.