Special Civil Actions - Transcription - 1 PDF
Special Civil Actions - Transcription - 1 PDF
SPECIAL CIVIL ACTION Example, X leased a building owned by Y, Y died, Y left three sons, A, B and C. All of
them sent collection letters claiming that they owned the building leased. In order
Special civil action covered by special rules. The following special actions are to avoid double or triple liability, the lessee must file an action for interpleader. Let
commenced by complaints. A, B, and C interplead among themselves.
1. Interpleader
2. Expropriation So first case, there are rival claimants, in the second case, there is none. It says
3. Foreclosure of real estate mortgage here—or maybe made against a person who claims no interest whatever in the
4. Partition subject matter, or an interest which is in whole or in part is not disputed by the
5. Forcible entry claimants. Same situation Y died, A did not collect, B did not collect, C nag collect.
6. Unlawful detainer So A is confused, who is the owner, and so he may file an action interpleader.
The rest may be commenced by petition. Declaratory relief and similar remedies, So you may bring an action against the conflicting claimants to compel them to
review of adjudication of constitutional commissions, certiorari, prohibition, interplead and vindicate their several claims among themselves. Then the court will
mandamus, quo warranto, habeas corpus, contempt. issue an order requiring the conflicting claimants to interplead with one another.
The court may also issue an order that the subject matter be paid or delivered to
Special civil actions are covered by the general rule on venue. But there is a special
venue for quo warranto. There are three special civil actions which can be filed, or the court. Then the court will issue summons against the conflicting claimants.
are within the jurisdiction of the first level courts, Municipal Trial Courts. Attached to the summons is the copy of the complaint and the order of the court.
1. Interpleader, provided the amount is within the jurisdiction of the MTC.
2. Ejectment suits, exclusive, original MTC. Except no action was filed after 1 Sec. 2. Order.
year reckoned from the date of the last demand. Upon the filing of the complaint, the court shall issue an order requiring the
3. Contempt conflicting claimants to interplead with one another. If the interests of justice so
require, the court may direct in such order that the subject matter be paid or
delivered to the court.
The provisions on Rule 16-Motion to dismiss, are applicable in special civil actions.
What are the grounds for dismissal of an action under Rule 16? Lack of jurisdiction
Sec. 3. Summons.
over the person, lack of jurisdiction over the subject matter, res judicata, litis
Summons shall be served upon the conflicting claimants, together with a copy of
pendentia.
the complaint and order.
The SC cannot entertain special civil actions exceptcertiorari, prohibition,
mandamus. But sometimes if the SC entertains special civil actions, it may delegate Sec. 4. Motion to dismiss.
the task of finding facts to the lower courts, because the SC as a rule is not a trier Within the time for filing an answer, each claimant may file a motion to dismiss on
of facts. the ground of impropriety of the interpleader action or on other appropriate grounds
specified in Rule 16. The period to file the answer shall be tolled and if the motion is
denied, the movant may file his answer within the remaining period, but which shall
RULE 62
not be less than five (5) days in any event, reckoned from notice of denial.
INTERPLEADER
Section 1. When interpleader proper. Under section 4, any of the rival claimants or all of them may file a motion to
Whenever conflicting claims upon the same subject matter are or may be made dismiss, either under Rule 16, or on the ground of impropriety of the interpleader.
against a person who claims no interest whatever in the subject matter, or an
So venue is improperly laid.
interest which in whole or in part is not disputed by the claimants, he may bring an
action against the conflicting claimants to compel them to interplead and litigate
their several claims among themselves. Sec. 5. Answer and other pleadings.
Each claimant shall file his answer setting forth his claim within fifteen (15) days
from service of the summons upon him, serving a copy thereof upon each of the
Complaint in interpleader, when is this proper? Two things:
other conflicting claimants who may file their reply thereto as provided by these
1. Whenever conflicting claims upon the same subject matter are or maybe
Rules. If any claimant fails to plead within the time herein fixed, the court may, on
made against a person who claims no interest whatsoever in the subject
motion, declare him in default and thereafter render judgment barring him from any
claim in respect to the subject matter. RULE 63
The parties in an interpleader action may file counterclaims, cross-claims, third- DECLARATORY RELIEF AND SIMILAR REMEDIES
party complaints and responsive pleadings thereto, as provided by these Rules.
Section 1. Who may file petition.
Res judicata, or litis pendetia, condition precedent not complied with. If there is a Any person interested under a deed, will, contract or other written instrument,
motion to dismiss, the period to file answer is toiled or suspended. The motion to whose rights are affected by a statute, executive order or regulation, ordinance, or
dismiss is denied, the rival claimants must answer. Period to answer 15 days from any other governmental regulation may, before breach or violation thereof, bring an
service of summons. They should furnish each other copies of their answers action in the appropriate Regional Trial Court to determine any question of
including of course the plaintiff. They are allowed to file their reply. construction or validity arising, and for a declaration of his rights or duties,
thereunder.
What is the effect if one claimant fails to file answer, he may be declared in default.
Can the court declare in default a non-answering rival claimant? The answer is no An action for the reformation of an instrument, to quiet title to real property or
because the rule say because the rule says—may on motion. It’s not motu propio. remove clouds therefrom, or to consolidate ownership under Article 1607 of the Civil
So if he is declared in default, he will be barred from any claim in respect to the Code, may be brought under this Rule.
subject matter. What follows? Pre-trial, then court shall proceed to determine their
respective rights and adjudicate their several claims.
Section 1, first paragraph, declaratory relief proper. Paragraph 2, similar remedies.
Going back to motion to dismiss, one of the grounds here is impropriety of the Who may file a petition for declaratory relief?
interpleader action. Why file an interpleader action against A, B and C? A, B and C 1. Any person interested under a deed, will, contract or other written
filed a manifestation, useless because they agreed that the property will be instrument.
adjudicated to Mr.A. 2. A person whose rights are affected by a statute, executive order or
regulation, ordinance or any other governmental regulation.
Now the (content) of the interpleader is not the property under litigation, he was
Is there a period to file the action? None, except that the petition must be filed
constrained to file action because he might be prejudiced in the future, so he has to
before breach or violation. Because of there is already a breach or violation, then
recover docket and other lawful fees, from whom? From the losing party.
the special civil action for declaratory relief will be converted to an ordinary action
where pleadings will be filed.
Menci vs. Casteda
The cost, expenses, attorney’s fees incurred by the plaintiff in the action is If we talk about declaratory relief, we should not talk about cause of action. Forget
recoverable from the defendant who losses in the action and is found by the court to Rule 39, execution of judgment. Execution of judgment is not proper in declaratory
have caused the unnecessary litigation. relief.
Where there are no conflicting claims among the defendants, the interpleader may
What is the prayer? To determine any question of construction of deed, will,
be dismissed. contract, etc., or validity, and for a declaration of his rights and duties thereunder.
Sec. 6. Determination. That is the relief or prayer.
After the pleadings of the conflicting claimants have been filed, and pre-trial has
been conducted in accordance with the Rules, the court shall proceed to determine Under the first paragraph, the court may refuse to act. But in the second, the court
their respective rights and adjudicate their several claims. must act.
In declaratory relief, subject matter—deed, will, contract, etc., statute, executive When shall the LGU be notified?
order, etc., what is the main issue? Validity or construction of these documents. The If the action involves validity of ordinance.
relief sought is the declaration of petitioner’s rights and duties.
The concept of cause of action in ordinary civil actions does not lie. The relief does Who will appear for the state?
not, or declaratory relief does not essentially entail any executional process. For the Office of the prosecutor.
relief to be properly granted is a declaration of rights and duties. //jiji If there is an issue on constitutionality, the solicitor general shall
be notified.
Requisites of an action for Declaratory Relief
1. Subject matter
2. Terms of documents; validity thereof are doubtful Sec. 5. Court action discretionary.
3. No breach or violation
4. There must be an actual justiciable controversy or the ripening in seeds of Except in actions falling under the second paragraph of section 1 of this Rule, the
one between of one between whose interests are adverse. This is due to court, motu proprio or upon motion, may refuse to exercise the power to declare
for judicial determination. rights and to construe instruments in any case where a decision would not
5. Adequate relief is not available thru other means or other forms of action terminate the uncertainty or controversy which gave rise to the action, or in any
or proceeding. Not available for declaration of citizenship, not available for case where the declaration or construction is not necessary and proper under the
the validity or construction to be placed in the discretion certificate. It must circumstances.
appear that there is a written litigation in the future which litigation is
imminent and inevitable unless prevented by the declaratory relief sought. Par 1 of Section 1 should be read together with Sec 5.
Sec. 2. Parties. When, under what circumstances may the court not take actions?
1. Where a decision would not terminate the uncertainty or
All persons who have or claim any interest which would be affected by the controversy which gave rise to the action.
declaration shall be made parties; and no declaration shall, except as otherwise 2. In any case where the declaration or construction is not necessary
provided in these Rules, prejudice the rights of persons not parties to the action and proper under the circumstances.
There are common requisites, you should know what is the prayer for certiorari, you
Is there a need to serve summons? should know what is the prayer in prohibition, and you should know what is the
No. So how will a court acquire jurisdiction over the persons of the prayer on mandamus.
respondents? Section 6 is the answer.
If the Supreme Court finds the petition sufficient in form and
Section 1. Petition for certiorari.
substance, it shall order the respondents to file their comments on the
petition within ten (10) days from notice thereof.
When any tribunal, board or officer exercising judicial or quasi-judicial functions has
The court therefore acquires jurisdiction after the respondent(s)
acted without or in excess of its or his jurisdiction, or with grave abuse of discretion
received a copy of the order to comment.
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain,
So if no petition is filed within the reglamentary period, the court will
speedy, and adequate remedy in the ordinary course of law, a person aggrieved
dismiss the petition of the outright.
thereby may file a verified petition in the proper court, alleging the facts with
Other ground for dismissing the petition is when it was filed manifestly
certainty and praying that judgment be rendered annulling or modifying the
for delay.
proceedings of such tribunal, board or officer, and granting such incidental reliefs as
law and justice may require.
Sec. 7. Comments of respondents. The petition shall be accompanied by a certified true copy of the judgment, order or
resolution subject thereof, copies of all pleadings and documents relevant and
The comments of the respondents shall be filed in eighteen (18) legible copies. The pertinent thereto, and a sworn certification of non-forum shopping as provided in
original shall be accompanied by certified true copies of such material portions of the third paragraph of section 3, Rule 46.
the record as are referred to therein together with other supporting papers. The
requisite number of copies of the comments shall contain plain copies of all Certiorari
documents attached to the original and a copy thereof shall be served on the
1. Any tribunal, board or officer exercising judicial or quasi-judicial functions,
petitioner.
so the most important phrase here is—exercising judicial or quasi-judicial
No other pleading may be filed by any party unless required or allowed by the
Court. functions, not executive functions and not legislative functions, only any
tribunal etc., exercising judicial or quasi-judicial functions—regular courts, It is discretionary for a court to issue a writ of injunction but if there is no legal
NLRC, Securities and Exchange Commission, and other quasi-judicial ground, there is no clear legal right, the judge committed grave abuse of discretion
bodies. amounting to lack or excess of jurisdiction.
2. It has acted without or in excess of jurisdiction. There is a definition of
Nganong judicial man ug quasi-judicial? Kay kaning judicial ug quasi-judicial
without jurisdiction. By the way there is a judicial definition of what is a exercises discretion, mao nang e-certiorari. Now, following the definition.//jiji
quasi-judicial function. There is also a judicial definition of without
jurisdiction. Again, another definition of excess of jurisdiction, another
definition of grave abuse of discretion. So to better understand what is A writ for certiorari is:
certiorari, you should know the meaning of each word. Superintendi/superintendent (not sure which of the 2) or supervisory writ -
3. No appeal, or any plain, speedy, and adequate remedy in the ordinary Because the higher court superintends the lower court, if the lower court
commits grave abuse of discretion, the higher court will annul or modify
course of law. There is also a judicial definition (we cannot invent our own
the judgment or order of a lower court. So the lower court, its acts must be
definition) what is the meaning of plain, speedy and adequate remedy. within the law, must be in consonance with the procedure.
Compile them in our jurisprudence. Prerogative writ -Because it is never demandable as a matter of right,
4. The petition must be verified, meaning under oath. never issued except in the exercise of judicial discretion.
Now, who may file the petition? (this is another important phrase) Person Requisites:
aggrieved thereby. I’ll give an example of a person aggrieved by an order of the A tribunal, board or officer exercising judicial or quasi-judicial functions has
court. A criminal action was filed, People vs. X, Y and Z, the judge dropped Y and Z acted without or in excess its or his jurisdiction, or with grave abuse of
from the information, the prosecutor did not object, so the offended party, the discretion amounting to lack or excess of jurisdiction
mother, filed a petition for certiorari questioning the order of the judge, why did you there is no appeal, or any plain, speedy, and adequate remedy in the
drop Y and Z? The Solicitor General answered, the aggrieved party here is the ordinary course of law
Republic of the Philippines, why are you not joining the Republic of the Philippines?
You should join the people, meaning, the Office of the Solicitor General, the So what is the meaning of judicial?
prosecution must be consulted also. SC said, no that is not correct, because the Judicial presupposes the use of mental processes in the determination of
mother is an aggrieved party, she sought to annul an order which she believed was facts and law. It adjudicates rights and duties of parties. Generally, the
issued with grave abuse of discretion amounting to lack or excess of jurisdiction, exercise of judicial function is to determine what the law is, what are the
that is settled jurisprudence. rights of the parties with respect to a matter in controversy, and whenever
an officer is clothed with the authority and undertakes to determine those
So what is the prayer? (again this is another important phrase) the prayer is questions, he acts judicially.
judgment be rendered annulling or modifying the proceedings of such tribunal,
board or officer and granting such incidental reliefs as law and justice may require. Meaning of without jurisdiction?
So annulling, modifying the proceeding. If the RTC for example issued an order of This is not jurisdiction over the subject matter. This is error in the exercise
attachment when it is very clear that there is no ground therefor, so what is the of jurisdiction. Suppose there is an action, recovery of possession of real
remedy of the aggrieved party? Petition for certiorari under Rule 65 to annul the property, there is no doubt RTC has jurisdiction because the value of the
order of attachment. property is 1M. It is clear that court has jurisdiction over the subject
matter. But suppose the court issues an order of injunction without factual
It’s true that the judge will (sic) as discretion to issue an order of attachment but and material basis, who will correct the court? It is the higher court. So the
said discretion must not be gravely abused. Abuse of discretion is not a ground for issuance of an order of injunction is an error in the exercise of jurisdiction
certiorari, it must be grave abuse of discretion, whimsical, capricious exercise of over the subject matter. Di pasabot na way jurisdiction adto mo sa RA
judgment. 7691. Jurisdiction over the subject matter is defined by law, BP 180, RA
7691 (Expanding jurisdiction of MTC) So jurisdiction of the subject matter
What shall be attached? Certified true copy of the judgment, order or resolution of a particular case is something more than the general power conferred by
subject thereof, copies of pleadings or documents, relevant and pertinent thereto, law to a court to take cognizance of a case of a general class to which a
also certification against forum shopping. particular case belongs.
Certiorari is a writ issued by a superior court to an inferior court, board, etc.,
exercising judicial or quasi-judicial function. Whereby a record for a particular case We should distinguish certiorari and prohibition because of the court has no
is brought up for review or order to be elevated for review and corrections in jurisdiction over the subject matter, do not file petition for certiorari but for
matters of law. prohibition because the court has no jurisdiction over the subject matter.
What is the meaning of excess of jurisdiction? Petition for certiorari is a special civil action, cognizable by the RPC, Court of
Although the court has acquired jurisdiction over a subject matter, and a Appeals, Sandiganbayan, Supreme Court. It is an original action. How about appeal
particular case has been submitted, properly instituted for hearing and from certiorari or petition for review on certiorari? It is a mode of appeal which can
decision, it will overstep its jurisdiction if it renders a judgment which it only be filed with the Supreme Court. So RTC, to CA then Supreme Court. You
has no power under the law to render. This not judgment on the merits, it’s cannot jump from RTC direct to the Supreme Court in a petition for review on
actually order in the course of trial. So excess of jurisdiction signifies that certiorari.
the court has jurisdiction over the case but transcended the same or acted
w/o any authority 2 Exceptions; Judgment sa RTC—dili na mu-agi sa CA, direcho sa Supreme
Court. Unsa man?
What is the meaning of grave abuse of discretion? Writ of amparo, and
It is the capricious, whimsical exercise of judgment which is equivalent to Writ of habeas data
lack of jurisdiction. It must be so patent and gross as to amount to an
invasion of positive duty or a virtual refusal to perform a duty enjoined by Kung appeal by certiorari, there is only one question—question of law. Never forget
law. that. In petition for review on certiorari, or appeal by certiorari—only question of
law is allowed. Again—exceptions—writ of amparo and writ of habeas data.
When is there no appeal?
There is no appeal when appeal does not lie. Petition for certiorari—what is the issue?
Ex: interlocutory order. Bisag order not included in the final judgment on Whether or not respondent has acted without or in excess of jurisdiction or with
the merits. Pero kung final order gni, you can appeal. If there is a defect in grave abuse of discretion.
the interlocutory order, or you question the interlocutory order, your
remedy is certiorari, not appeal. Purpose?
Correction. So writ of certiorari issues for the correction of errors of jurisdiction; or
But there are laws which do not allow appeal. If you remember in criminal better still—error in the exercise of jurisdiction.
law, probation, an order denying or granting probation is not appealable.
Remedy? Certiorari. Functions?
In terms of its functions, the writ of certiorari serves to keep an inferior court within
The right to appeal having be lost with or without the appellant’s the bounds of its jurisdiction; or to prevent it from committing grave abuse of
negligence, the court has no jurisdiction to issue the order of decision discretion amounting to lack or excess of jurisdiction.
which is the subject matter of the remedy. Remember that if appeal would
have been an adequate remedy but counsel was negligent, you can no How about appeal by certiorari?
longer avail of certiorari. Certiorari and appeal are mutually Only questions or errors of law shall be decided upon.
exclusive.//angge
Ang petition for certiorari—error in the issuance of an order ang subject. Whereas in
Where appeal is lost petition for review on certiorari—error of law or judgment committed by the court
When the time to appeal has expired, certiorari lies to set aside the judgment which with jurisdiction over the subject of the suit and the person of the parties.
is null and void for lack or excess of jurisdiction.
I-trace nato ang certiorari and petition for review on certiorari.
What is the meaning of adequate remedy? The court issued an order granting injunction—no factual and legal basis—so the
Adequate remedy means equally beneficial, speedy and sufficient; not merely a aggrieved party will file a petition for certiorari in the CA. Kung adverse and
remedy at some time in the future will bring about revival of judgment of the lower decision, ngadto na sa Supreme Court, this time petition for review on certiorari. It
court complained of in the certiorari proceeding. is already a mode of appeal. I repeat—the only question is question of law.//nina
The third party complain is improper when the main case is a special civil action.
Rule 63 Declaratory Relief and Similar Remedies is already discussed. But,
here’s a review: Review of Judgment Comelec and COA
Certiorari, Prohibition, Mandamus
Declaratory Relief and Similar Remedies
This is within the exclusive jurisdiction of the RTC. An action not capable of Certiorari
pecuniary estimation. CA and SC has no jurisdiction to try and decide
declaratory relief. To make proper interpretation of contract not to ask for injunction, execution or
other relief beyond the adjudication and legal rights. This will be subject of
Last meeting we discussed the procedural distinction between Sec 1, par 1 and par controversy.
2.
(par1) Any person interested under a deed, will, contract or other written The third party compliant is improper when the main case is a special civil action.
instrument, whose rights are affected by a statute, executive order or
regulation, ordinance, or any other governmental regulation may, before Rule 64 Review of judgments and final orders of COMELEC and COA, we have
breach or violation thereof, bring an action in the appropriate Regional Trial already discussed that.
Court to determine any question of construction or validity arising, and for
a declaration of his rights or duties, thereunder. RULE 65
(par2) An action for the reformation of an instrument, to quiet title to real
CERTIORARI, PROHIBITION AND MANDAMUS
property or remove clouds therefrom, or to consolidate ownership under
Article 1607 of the Civil Code, may be brought under this Rule.
In par 2, the court is bound to render judgment. In par 1, the court may
What is a writ?
refuse to exercise its power to declare the rights and to construe
It is an order of the court in the name of the state addressed to , to do or
instruments.
refrain from doing specified acts.
Rule 64 Declaratory Relief from other Judgments; we’ve already discussed
What is a process?
this.
It is a summon or order to appear in court like subpoena.
There is no execution in declaratory relief.
Section 1. Petition for certiorari.
Declaratory relief will not prosper in the following cases:
When any tribunal, board or officer exercising judicial or quasi-judicial functions has
1. Where action is to obtain declaration citizenship because the discretion is not a
acted without or in excess of its or his jurisdiction, or with grave abuse of discretion
written instrument on which the action for declaratory relief is instituted
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain,
2. When the action is to establish illegitimate foliation and to determine hereditary
speedy, and adequate remedy in the ordinary course of law, a person aggrieved
rights because it does not concern with the wills, contracts or written
thereby may file a verified petition in the proper court, alleging the facts with
instruments
certainty and praying that judgment be rendered annulling or modifying the
3. Where a court decision is the subject of an action because only the court which
proceedings of such tribunal, board or officer, and granting such incidental reliefs as
has rendered the decision has the power to review, revise, and reverse its
law and justice may require.
decision
The petition shall be accompanied by a certified true copy of the judgment, order or
4. Where the action is to resolve a political concern or person ?
resolution subject thereof, copies of all pleadings and documents relevant and
5. Where the action is to try or determine an issue
pertinent thereto, and a sworn certification of non-forum shopping as provided in
6. Where the assailed ordinance is not ambiguous or doubtful
the third paragraph of section 3, Rule 46.
7. Where the contract or statute on which action is based has been breached
because if there’s breach there must be an ordinary action
1st Element: Tribunal, board or officer exercising judicial or quasi-judicial functions
8. Where the action is merely and advisory opinion from the court
They use discretion. If the tribunal, board or officers exercising judicial or Writ of certiorari issues are about the correction of errors of the
quasi-judicial functions gravely abuse their discretion, the remedy is jurisdiction. Better still, error committed in the exercise of jurisdiction
certiorari. Abuse of discretion is not a ground for filing a petition for Appeal by certiorari or petition or certiorari is a mode of appeal
certiorari. Ground is grave abuse of discretion.
In terms of function:
There are common elements among certiorari, prohibition and mandamus. Writ of certiorari serves to kill an inferior court within the bounds of each
jurisdiction or to prevent it from committing such grave abuse of discretion
2nd Element: Has acted without or in excess of its or his jurisdiction, or with grave amounting to lack or excess of jurisdiction. So certiorari is sometimes
abuse of discretion amounting to lack or excess of jurisdiction known as supervisory or superintending writ.
3rd Element: no appeal, or any plain, speedy, and adequate remedy in the ordinary Certiorari vs. Prohibition
course of law Certiorari is a corrective remedy. Superior court modifies or annuls an
order of a lower court.
Who may file? Prohibition is preventive, that is the court has no jurisdiction on the sublet
Aggrieved Party matter. You have to strike at the very jurisdiction of the court.
But the while there is GR, there are several exceptions like exhaustion of What is the purpose?
administrative remedies, when the issue raised is one purely of question of law, Purpose is to stop usurping or exercising a jurisdiction in which they have
when public interest is involved in case of urgency and other grounds.//sarah not been vested by law. Prohibition is to prevent the unlawful and
oppressive exercise of legal authority, and to provide for a fair and
Sec. 2. Petition for prohibition. adequate administration of justice. Essentially prohibition is a remedy to
When the proceedings of any tribunal, corporation, board, officer or person, whether prevent the court, corporations, etc. from usurping or exercising a
exercising judicial, quasi-judicial or ministerial functions, are without or in excess of jurisdiction or power of which they are not vested by law.
its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess
of jurisdiction, and there is no appeal or any other plain, speedy, and adequate Prohibition vs. Injunction
Prohibition Injunction enjoyment of the right to office. To which such other is entitled. Again, the common
Special civil action Provisional remedy elements, complaint, no adequate remedies, etc.
Directed only against the acts Directed to the court itself
Prohibit the court from exercising What is the prayer in mandamus?
Enjoin a person The judgment be rendered commanding the respondent immediately or to a time
jurisdiction over the subject matter
specified by the court to do the act required to be done to protect the rights of the
plaintiff plus damages by reason of the wrongful acts of the respondent. Then attach
Prohibition vs. Mandamus the certification against forum shopping. Mandamus is a command issuing from a
Prohibition Mandamus court of law in the name of the state requiring the performance of a particular duty
Preventive, prevent an inferior tribunal which duty results from official station of the party. Mandamus is used to compel
Object is to compel an inferior court or the performance when refused of a ministerial duty. Mandamus d jud pwde sa
from exercising jurisdiction
tribunal discretionary duty. Kung discretionary, certiorari, kung ministerial, compellable by
mandamus.
Jurisdiction or scope of prohibition, refers only to proceedings of court, corporation
or person, exercising judicial, quasi-judicial, ministerial functions. If the respondents Mandamus is likewise available to compel action when refused but not to direct the
exercise of judgment or discretion in a particular way. Mandamus commands the
do not exercise judicial, quasi-judicial or ministerial functions, like the Sangguniang
Panlungsod and Sangguniang Panlalawigan, they are exercising legislative functions, person to act but not to act in one way or the other. The court will be ordered to
proceed to judgment; we have 90 days to render decision, that is our duty. Suppose
so no prohibition against those that are exercising legislative functions.
we fail in our duties, then we can be compelled by mandamus to decide, but not to
decide in one way or the other. We cannot be compelled to decide for the plaintiff or
The objective of prohibition is not to correct errors of judgment, but to prevent or
stain usurpation by inferior tribunals and to compel them to observe the limitation the defendant. We can only be compelled to act.
of their jurisdictions. Prohibition therefore is a preventive remedy. Its function is to
restrain the doing of some act. What is discretion?
It is part of judicial functions which decides questions arising in a trial as to which
General rule, prohibition will not lie to determine title to office. Prohibition is not the
proper remedy. judgment of the court is uncontrolled by fixed rules of law. The power of courts to
determine questions which no strict law is applicable. A discretion when applied to
Prohibition may be issued enjoining the court for improper venue for taking public functionaries is defined as the right or power conferred to them by law acting
officially under certain circumstances according to the dictates of their judgments
cognizance of a case. Prohibition will not lie when appeal is a speedy and adequate
remedy. ore conscience, not controlled by the judgment or conscience of others.
Question of constitutionality may be raised in prohibition proceedings, provided that
the issue is the very lis mota of the case.//jiji What is a ministerial duty?
Here the officer or tribunal performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of legal authority. A ministerial duty is one as
to which nothing is left in the discretion of the person who must perform. The duty
Sec. 3. Petition for mandamus.
is ministerial only when the discharge of the same requires neither the exercise of
official discretion nor judgment. Mandamus does not lie in the absence of showing of
When any tribunal, corporation, board, officer or person unlawfully neglects the
a clear legal right. It does not issue in doubtful cases.
performance of an act which the law specifically enjoins as a duty resulting from an
office, trust, or station, or unlawfully excludes another from the use and enjoyment
How do you distinguish mandamus from injunction?
of a right or office to which such other is entitled, and there is no other plain,
speedy and adequate remedy in the ordinary course of law, the person aggrieved
Injunction vs Mandamus
thereby may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered commanding the respondent, Injunction Mandamus
immediately or at some other time to be specified by the court, to do the act Preventive Remedial
required to be done to protect the rights of the petitioner, and to pay the damages Usually employed to prevent future To redress past grievances
sustained by the petitioner by reason of the wrongful acts of the respondent. injury
The petition shall also contain a sworn certification of non-forum shopping as To retrain motion or to enforce an action To set in motion and to compel and
provided in the third paragraph of section 3, Rule 46. if it is a preliminary mandatory injunction action
Conservative remedy to preserve status An active one
Tribunal, corporation, board, officer, person, unlawfully neglects the performance of quo
an act which the law specifically enjoins its performance. So there must be a law
compelling or enjoining a public officer from doing. Then resulting from an office or
station that are _____ or unlawfully excluding another person from the use or
** There is a USC case. Mandamus cannot lie to compel a university to confer a behalf of the public respondent or respondents affected by the proceedings, and the
degree with honors. For a school has academic freedom and besides it’s the costs awarded in such proceedings in favor of the petitioner shall be against the
discretion of the university. A university has no duty to confer honors. private respondents only, and not against the judge, court, quasi-judicial agency,
tribunal, corporation, board, officer or person impleaded as public respondent or
GR: Mandamus will not issue when admin remedies are available
respondents
Exception: rule of exhaustion cannot be invoked if the party is in estoppel or when
questions of law are raised.
Unless otherwise specifically directed by the court where the petition is pending, the
public respondents shall not appear in or file an answer or comment to the petition
Mandamus vs quo warranto
or any pleading therein. If the case is elevated to a higher court by either party, the
Mandamus is the proper remedy when respondent unlawfully excludes the petitioner
public respondents shall be included therein as nominal parties. However, unless
from an office to which the latter is entitled without usurping, intruding into or
otherwise specifically directed by the court, they shall not appear or participate in
unlawfully holding office. On the other hand, if the respondent claims a right to the
the proceedings therein. (5a)
office, and usurps or unlawfully holds it against petitioner, quo warranto is the
remedy.
** So in the latest rule in environmental cases, there is a writ of continuing
mandamus. This is lifted from the concerned citizens in Manila Bay vs MMDA.
There are 2 respondents: public & private respondents.
Section 4. When and where petition filed. — The petition shall be filed not later than
Public: judge, court, etc.
sixty (60) days from notice of the judgment
Private: person/s interested in sustaining the proceedings in court.
The petition shall be filed in the Supreme Court or if it relates to the acts or
omissions of a lower court or of a corporation, board, officer or person, in the Who will answer?
Regional Trial Court exercising jurisdiction over the territorial area as defined by the Private respondent or the person interested in maintaining the action of the court.
Supreme Court. It may also be filed in the Court of Appeals whether or not the same Private respondent because the rule says that it is the duty of the private
is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its respondent to appear and defend for himself and for the public respondent.
appellate jurisdiction. If it involves the acts or omissions of a quasi-judicial agency,
unless otherwise provided by law or these Rules, the petition shall be filed in and How about the cost awarded in favour of petitioner?
cognizable only by the Court of Appeals. It shall be against the private respondent only.
No extension of time to file the petition shall be granted except for compelling Now public officers (Judges, etc.) shall not appear in or file an answer or comment
reason and in no case exceeding fifteen (15) days. (4a) (Bar Matter No. 803 or any pleading. Kami man gi certiorari, grave abuse of discretion, we are not duty
bound to answer, ang motubag kto na paboran sa amo order. Because the primary
duty of the judge is to decide cases, not to defend cases filed against them. When
When to file the petition for certiorari, prohibition, mandamus? elevated to higher court, judge, court etc, will be included as nominal parties only.
Not later than 60 days from notice of judgment or the order of resolution. If there is
a motion for reconsideration or new trial, then apply the rest?? period rule. Unless directed by the court, public respondents shall not appear or participate in
the proceedings. I-certiorari ang judge for grave abuse of discretion, kung motubag
Where? ang judge kailangan with consent, mananghid jud ka na ikaw motubag. The primary
SC, CA, Sandiganbayan, RTC. Sadiganbayan if it is in aid of its appellate function of judges is adjudicating cases not taking part active part in a proceeding
jurisdiction. relating to his official actuations.
In such event, the court may award in favor of the respondent treble costs solidarily
against the petitioner and counsel, in addition to subjecting counsel to
Court may issue TRO or writ of preliminary injunction. Purpose?
administrative sanctions under Rules 139 and 139-B of the Rules of Court
To preserve the rights of the parties pending the proceedings.
Never forget that if you file petition for certiorari, prohibition or mandamus, the Naa practice s mga lawyers na cge nlng file certiorari, gi abuse. So karon, hasta
filing thereof does not stop the lower court from proceeding with trial. Because abogado pabayron.
certiorari is an independent action, when the petition for certiorari is filed, then
lower court may proceed with proceeding except of course if there is a TRO or writ Relief petitioner entitled to in CPM
of preliminary injunction 1. Certiorari:
To nullify, set aside, modify proceeding.
This is an amendment to rule. Dec 2007. The petition shall not interrupt the course
of the principal case, kung gi question ang order sa judge ngano gi grant ang The merits not being before the court in the proceeding in the issuance of a
induction, ipadayon ang main case, if order granting attachment is questioned, and writ of certiorari, so no damages. By the way, if a petition for certiorari is
wants to annul order, it will not stop the main case from proceeding, except when filed, never touch the merits of the main case, otherwise, ma resolve na
there is a TRO against judge. daan sa certiorari ang main action.
Quo warranto—appointed
Section 1. Action by Government against individuals. Pwede mu-assume ang mu-petition
An action for the usurpation of a public office, position or franchise may be
commenced by a verified petition brought in the name of the Republic of the Quo warranto does not lie to remove duly-appointed officers and duly-qualified.
Philippines against:
(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public Sec. 2. When Solicitor General or public prosecutor must commence action.
office, position or franchise; The Solicitor General or a public prosecutor, when directed by the President of the
Philippines, or when upon complaint or otherwise he has good reason to believe that
(b) A public officer who does or suffers an act which, by the provision of law, any case specified in the preceding section can be established by proof, must
constitutes a ground for the forfeiture of his office; or commence such action.
(c) An association which acts as a corporation within the Philippines without being When will SolGen commence action?
legally incorporated or without lawful authority so to act. In the following cases—
When directed by the president
Usurpation of public office, position or franchise. When upon complaint or otherwise he has good reason to believe that any
case specified in the preceding section can be established by proof, must
Who will commence action? commence such action.
Office of the Solicitor General
Determination of sufficiency of evidence depends upon the discretion of the SolGen.
What is the form? SolGen should not represent respondent.
Verified petition
Sec. 3. When Solicitor General or public prosecutor may commence action
In whose name? with permission of court.
In the name of the republic of the Philippines The Solicitor General or a public prosecutor may, with the permission of the court in
which the action is to be commenced, bring such an action at the request and upon
Against whom? the relation of another person; but in such case the officer bringing it may first
Against the following— require an indemnity for the expenses and costs of the action in an amount
approved by and to be deposited in the court by the person at whose request and determination of the matters involved therein consistent with the rights of the
upon whose relation the same is brought. parties. Such action may be given precedence over any other civil matter pending in
the court.
The words “another person”
Is known as the ―relator‖
Suppose the court finds usurpation? What will the judgment be?
What may the SolGen demand from the relator?
He may require indemnity for expenses and cost of the action to be deposited in Sec. 9. Judgment where usurpation found.
court. When the respondent is found guilty of usurping, intruding into, or unlawfully
holding or exercising a public office, position or franchise, judgment shall be
rendered that such respondent be ousted and altogether excluded therefrom, and
Sec. 4. When hearing had on application for permission to commence that the petitioner or relator, as the case may be, recover his costs. Such further
action. judgment may be rendered determining the respective rights in and to the public
Upon application for permission to commence such action in accordance with the office, position or franchise of all the parties to the action as justice requires.
next preceding section, the court shall direct that notice be given to the respondent Well-known is the principle that the plaintiff will succeed only when he proves his
so that he may be heard in opposition thereto; and if permission is granted, the right to the office.
court shall issue an order to that effect, copies of which shall be served on all
interested parties, and the petition shall then be filed within the period ordered by Court may not need to pass upon the rights of the defendant if plaintiff’s right is not
the court. proven.
Court may pass upon rights of defendant if action is brought by the office of the
Sec. 5. When an individual may commence such an action. SolGen.
A person claiming to be entitled to a public office or position usurped or unlawfully
held or exercised by another may bring an action therefor in his own name.
Sec. 10. Rights of persons adjudged entitled to public office; delivery of
So the individual brings action not under the name of the Republic of the Philippines books and papers; damages.
but under his name. If judgment be rendered in favor of the person averred in the complaint to be
entitled to the public office he may, after taking the oath of office and executing any
He must prove that he is entitled to the office held by the respondent. If there are 2 official bond required by law, take upon himself the execution of the office, and may
respondents then he must prove that he is entitled to both offices. immediately thereafter demand of the respondent all the books and papers in the
Sec. 6. Parties and contents of petition against usurpation. respondent’s custody or control appertaining to the office to which the judgment
When the action is against a person for usurping a public office, position or relates. If the respondent refuses or neglects to deliver any book or paper pursuant
franchise, the petition shall set forth the name of the person who claims to be to such demand, he may be punished for contempt as having disobeyed a lawful
entitled thereto, if any, with an averment of his right to the same and that the order of the court. The person adjudged entitled to the office may also bring action
respondent is unlawfully in possession thereof. All persons who claim to be entitled against the respondent to recover the damages sustained by such person by reason
to the public office, position or franchise may be made parties, and their respective of the usurpation.
rights to such public office, position or franchise determined, in the same action.
Exception
Sec. 8. Period for pleadings and proceedings may be reduced; action given There is an exception to this 1-year period via jurisprudence. A petitioner
precedence. immediately takes steps, wa siya matulog, then he may file a petition even beyond
The court may reduce the period provided by these Rules for filing pleadings and for five years. He does not lost his right by abandonment
all other proceedings in the action in order to secure the most expeditious
Resort to administrative remedy does not abate the 1-year period to file quo
warranto proceedings. Pareho ra gud na sa ejectment. Nag tuo ang mga tao na kung squatter ka, you can’t
file an ejectment. Wrong! Kay ang issue sa ejectment is position only, not
Complaint for backwages and damages is also subject to the 1-year prescriptive ownership. Nagtuo ang uban na ang squatter occupying a public property is not a
period. real party in interest. Wrong! Ang aquatter sa public land, pwede siya maka-file ug
ejectment even if he is not the owner.
Sec. 12. Judgment for costs. If the title to any property sought to be expropriated appears to be in the Republic
In an action brought in accordance with the provisions of this Rule, the court may of the Philippines although occupied by private individuals—meaning squatter—if the
render judgment for costs against either the petitioner, the relator, or the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or
respondent, or the person or persons claiming to be a corporation, or may apportion certainty specify who are the real owners, averment to that effect shall be made in
the costs, as justice requires. the complaint.
Kadaghanan sayop usahay sa pagtuo sa publiko—di gani ka ka-kiha, aw, wa kay Meaning of necessity
labot. That is wrong. Ah, champion na mo ana in political law.
Maski di pa ka ka-kiha, kinahanglan, isa gyud ka sa defendants. Which is the Sec. 2. Entry of plaintiff upon depositing value with authorized government
present decision of the SC regarding the matter. Because what does the rule say? It depositary
is very clear—ALL persons owning or claiming to own, all occupants (a mere Upon the filing of the complaint or at any time thereafter and after due notice to the
occupant!) is entitled to just compensation. defendant, the plaintiff shall have the right to take or enter upon the possession of
the real property involved if he deposits with the authorized government depositary Suppose personal property is involved?
an amount equivalent to the assessed value of the property for purposes of taxation If personal property is involved, its value shall be provisionally ascertained and the
to be held by such bank subject to the orders of the court. Such deposit shall be in amount to be deposited shall be promptly fixed by the court.
money, unless in lieu thereof the court authorizes the deposit of a certificate of
deposit of a government bank of the Republic of the Philippines payable on demand Ang personal property wala man na’y assessed value. So what is the basis? Court
to the authorized government depositary. shall determine the value provisionally and the amount to be deposited shall be
promptly fixed.
If personal property is involved, its value shall be provisionally ascertained and the
amount to be deposited shall be promptly fixed by the court. After deposit, what is the duty of the sheriff?
After such deposit is made the court shall order the sheriff or other proper officer to
After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly
forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the parties.
submit a report thereof to the court with service of copies to the parties.
San Diego vs Hon. Valdeleon (GR L-45673)
Section 2 and the BOT law Please take note of this. No prior hearing is necessary before immediate possession
I warn you! There is a another law, parallel to Section 2 which is the Build-Operate- can be granted to the Republic of the Philippines.
Transfer Law, BOT. Republic vs Gingoyon (GR 166429) is the leading case. This
involves the PIATCO cases, kaning NAIA 3. 2 Purposes of preliminary deposit
As pre-payment
The plaintiff, under Section 2, may enter the property even before answer. How? As indemnity
Just deposit the assessed value of the property. After payment of assessed value,
the plaintiff may file a motion for the issuance of the writ of possession.
Sec. 3. Defenses and objections.
You remember that provision in Civil Procedure? Dismissal by notice? Ato If a defendant has no objection or defense to the action or the taking of his
na i-connect sa Section 2. property, he may file and serve a notice of appearance and a manifestation to that
Upon the filing of the complaint or at any time thereafter and after due notice to the effect, specifically designating or identifying the property in which he claims to be
defendant, the plaintiff shall have the right to take or enter upon the possession of interested, within the time stated in the summons. Thereafter, he shall be entitled
the real property involved if he deposits with the authorized government depositary to notice of all proceedings affecting the same.
an amount equivalent to the assessed value of the property for purposes of taxation
to be held by such bank subject to the orders of the court. If a defendant has any objection to the filing of or the allegations in the complaint,
or any objection or defense to the taking of his property, he shall serve his answer
Kaning assessed value, gamay ra ni kaayo kay sa real value kay taxation ra man. within the time stated in the summons. The answer shall specifically designate or
Ang uban gani, pagamyan pa gani. Unya kung naa na ang writ of possession, maka- identify the property in which he claims to have an interest, state the nature and
intra na ang plaintiff even before answer. Ingun-ana ka harsh ang expropriation. extent of the interest claimed, and adduce all his objections and defenses to the
taking of his property. No counterclaim, cross-claim or third-party complaint shall
Naa kay yuta unya himoong road—expansion sa road. Basta mu deposit na ug be alleged or allowed in the answer or any subsequent pleading.
assessed value, they can enter the property; they can destroy the property.
A defendant waives all defenses and objections not so alleged but the court, in the
Going back to the dismissal by notice rule. Kani na rule, mu-file ang plaintiff ug interest of justice, may permit amendments to the answer to be made not later
kaso. Before answer is served, he may file a Notice of Dismissal. Ug i-apply nimo sa than ten (10) days from the filing thereof. However, at the trial of the issue of just
expropriation, what will happen? So ni file ang plaintiff, ni deposit, ni sulod sa compensation, whether or not a defendant has previously appeared or answered, he
property, giguba ang balay, gi putol ang kahoy unya wala pa’y answer. Wa pa may present evidence as to the amount of the compensation to be paid for his
katubag. Kay wa pa ma’y answer, ni file dayon ang plaintiff ug Notice of Dismissal. property, and he may share in the distribution of the award.
Guba na. So SC said that the xxx Dismissal Rule does not apply to expropriation—
ayaw gyud na ninyo kalimti. Posible nga ang defendant di mu-object. Laliman ka, imong yuta, gibutangan ug
kalsada, di ba mutaas ang value? Ug ikaw mugasto imo kalsada, mugasto ka
Government depositary bank. Unsa man? Php1M. Pa-agi-on nalang nimo, bayaran pa ka. So you may not object.
Landbank of the Philippines. Deposits shall be in money unless in lieu thereof the
court authorizes the deposit of a certificate of deposit of a government bank of the What is the rule?
Republic of the Philippines payable on demand to the authorized government If a defendant has no objection or defense to the action or the taking of his
depositary. property, he may file and serve a notice of appearance and a manifestation to that
effect.
When shall the court issue an order of expropriation?
State also in the manifestation the designation or identification of the property he If objections are overruled
claims to be interested. When no party appears to defend
Suppose defendant eccepts. He may object to the right or purpose. He may object The court may issue an order of expropriation declaring that the plaintiff has a
to the compensation. He may not object relative to the right, but just the lawful right to take the property sought to be expropriated, for the public use or
compensation. purpose described in the complaint.
What is the rule if the defendant has any objection? So mao na ang 1st stage—determination of the right of the plaintiff.
Defendant shall serve his answer within the time stated the summons.
Xxx upon the payment of just compensation to be determined as of the date of the
Contents of answer taking of the property or the filing of the complaint, whichever came first.
Designation or identity of the property; nature and extent of interest claimed
(owner ba sya, lessee ba…); then adduce all objections and defenses. Double appeal
So there is double appeal here. The appeal as be by Record on Appeal. Kay pwede
Remember, follow the Omnibus Motion Rule man ta mu-supak sa right; but pwede ra pud ka mu dawat sa compensation. So
Defenses and objections not pleaded in the answer are deemed waived. double appeal.
Do not forget also—no counterclaim, no cross-claim, no third-party claim in A final order sustaining the right to expropriate the property may be
expropriation. appealed by any party aggrieved thereby
So this is one aspect of the appeal—gi question nimo ang right of the plaintiff to
One other thing—this is the only action where even if the defendant failed and expropriate.
refused to answer, he is given a chance to present evidence as if there was an
answer. What is the effect of the appeal?
It shall not prevent the Court from determining the just compensation to be paid.
A defendant waives all defenses and objections not so alleged but the court, in the
interest of justice, may permit amendments to the answer to be made not later After the rendition of such an order, the plaintiff shall not be permitted to
than ten (10) days from the filing thereof. dismiss or discontinue the proceeding except on such terms as the court
deems just and equitable.
However, at the trial of the issue of just compensation, whether or not a defendant So jurisprudence on this matter—kung mu file na gani ang plaintiff ug expropriation,
has previously appeared or answered, he may present evidence as to the amount of there is already an order of expropriation, dili na ka maka-back-out, except kung
the compensation to be paid for his property, and he may share in the distribution musugot ang defendant. Di na ka ka back-out. Na hitabo ni sa Cebu City and other
of the award. parts of the coutry.
The first case is NHA vs Heirs of Guivelondo (GR 154411). Ni file ang city ug
expropriation. Gi fix ang amount sa just compensation. Ni atras ang city—ka-dako
Sec. 4. Order of expropriation. gud ani?! Mahal ra! So ni withdraw siya. Gi kasab-an sa Supreme Court. Ngano man
If the objections to and the defenses against the right of the plaintiff to expropriate patuga-tuga man mo ug expropriation? Di na mo ka atras.
the property are overruled, or when no party appears to defend as required by this
Rule, the court may issue an order of expropriation declaring that the plaintiff has a Suppose there is already a decision that the plaintiff should pay so much.
lawful right to take the property sought to be expropriated, for the public use or Di kabayad ang plaintiff. Maka bawi ba ang defendant sa property?
purpose described in the complaint, upon the payment of just compensation to be General rule—the answer is NO. Why? Because the judgment has already become
determined as of the date of the taking of the property or the filing of the final and executory.
complaint, whichever came first.
Exceptions
A final order sustaining the right to expropriate the property may be appealed by Just compensation also means prompt compensation. In the case Republic
any party aggrieved thereby. Such appeal, however, shall not prevent the court vs Lim (GR161656). Wala gibayaran si Mr. Lim in 7 years. So he was
from determining the just compensation to be paid. allowed to recover the property. So if wala’y prompt comensation—maka
bawi.
After the rendition of such an order, the plaintiff shall not be permitted to dismiss or
discontinue the proceeding except on such terms as the court deems just and Period to appeal
equitable. Period to appeal is 30 days. Why? Because the appellant is required to file a Record
on Appeal. There must be a hearing before order of compensation.
Supreme Court said in the case of Lozada (which is the latest), if the government or
the plaintiff files for an action of expropriation, state the purpose, the specific
Sec. 5. Ascertainment of compensation. purpose. Gamiton gani ug la-in na purpose, mabawi sa tag-iya. Unless another
Upon the rendition of the order of expropriation, the court shall appoint not more expropriation will be filed by the plaintiff.
than three (3) competent and disinterested persons as commissioners to ascertain
and report to the court the just compensation for the property sought to be taken. Who wants to be a millionaire? :)))))
The order of appointment shall designate the time and place of the first session of So this ruling will open the floodgates sa mga nabawi-an nag u yuta tungod sa
the hearing to be held by the commissioners and specify the time within which their expropriation. Pag-file ninyo sa kaso, lahi ang public purpose. O, karon, ngano la-in
report shall be submitted to the court. naman gi gamitan? Expect na if ma-abogado na mo ma inherit ninyo ning mga
Copies of the order shall be served on the parties. Objections to the appointment of kasuha. Pangita mo’g mga ingon-ani na kasuha kay dinhi na milyonaryo si Papa P.
any of the commissioners shall be filed with the court within ten (10) days from (Di lang million..millionS.) Kadto sila Moreno, Chiongbian—nabawi nila. Pero
service, and shall be resolved within thirty (30) days after all the commissioners kadtong mga building, gipasagdan nalang nila.//nina
shall have received copies of the objections.
August 3
The case of IT Park. The whole stretch from Waterfront to UC, mao na ang old
Lahug Airport, kadtong wala pa ni balhin sa MCIAA. Gi hulga man ang mga tao. CAB RULE 67
pa to—Civil Aeronotics Boad. Gi hulga ang mga tao. Di gani mu musugot, i- EXPROPRIATION
expropriate namo. You either deal with us nga naa ta’y Memorandum of Agreement;
or we will expropriate. Nahaldlok ang uban tao. Ang uban wala.
Going back to the case handled by Atty. Pascual, there was a Lahug airport before,
So duna’y MOA. Unsa ma’y gibutang? Kung dili gani gamiton ang property for the under the Civil Aeronautics Board (CAB) which used to be named Civil Aeronautics
expansion of the airport, they will be returned to the owners. Kung unsa’y gi bayad, Aviation?(CAA). Since the airport needs to be expanded, the CAB negotiated with
mao sa’y ibalik. the owners. It extends from Waterfront to (sic) in front of UC. CAB said that if
owners will not negotiate their properties with the government, then their properties
Unsa’y nahitabo? Gibalhin ang old Lahug Airport ngadto sa Mactan. So nag file ug will be expropriated; so many negotiated with the government. The agreement was
mga kaso ang mga landowners. if the parcels of land will no longer be needed for airport expansion, the land will be
returned back to the owners. Others refused to negotiate with the government, so
Ni flip-flop ang mga Supreme Court. their properties were expropriated.
Firs decision: kay duna ma’y MOA—unsa ma’y provision sa obligations and When the airport was transferred to Mactan, it was already under Mactan Cebu
contracts? Obligations arising from contracts shall be the law between the International Airport (MCIAA) and no longer under CAB. So owners filed a case
contracting parties. Mao man na’y sabot. So kung dili i-expand, i-uli. Gi-uli. versus MCIAA. First case was MCIAA vs CA, because CA sustained the stand of the
Singkwenta centavos ni adto per square meter karon millions na. Except of course previous land owners that the lands shall be returned to them. But then there was a
kung naa’y improvements…xxx problem because the properties were taken by expropriation. Judge Paredes’ ruling
and other court’s ruling was that the properties shall be returned because the
Now how about the owners na nisukol sa expropriation? I handled one case—ingon purpose of taking them was the very same purpose when some owners negotiated
ko, unsa ma’y dipirinsya? Nga gi expropriate to para sa expansion sa airport. Wa na to the government. Then, it was reversed by CA but was upheld by SC.
ma’y expansion di i-uli sa tag-iya. First decision. Na appeal ko sa Court of Appeals.
The last case was MCIAA vs Lozada. That all properties taken by the MCIAA should
Pag-abot sa Supreme Court, reversed. Ngano? Fery vs Municipality of be returned to its owners at the price it were acquired, except of course that they
Cabanatuan (GR 17540). Basta ma-transfer ang title in fee simple, kung ang have to reimburse any improvements introduced in good faith.
public use, lahi ang original public use, din a nimo mabawi. Kanang Fery gi totally
reverse. In Lozada, SC said that if you file an action for expropriation, you state the public
purpose. If the property be used for another purpose, then the property
So…gi-reverse ang first decision nila. Nga ang expropriation di na mabawi. expropriated should be returned to the owners.
Mabawi gihapon, in the case of MCIAA and ATO vs Lozada, et al (GR 176625). Section 1. The complaint.
So ang ruling karon (naa ni sa Political Law ninyo), mu-file gani ka’g expropriation—
you state the public purpose. In Fery, pirmirong gi file mao ni—school. Sus, The right of eminent domain shall be exercised by the filing of a verified complaint
pagkahuman na di man school, na public market man. Unsa ma’y first ruling? A, di which shall state with certainty the right and purpose of expropriation, describe the
na mabawi, kay na transfer naman ang title. real or personal property sought to be expropriated, and join as defendants all
persons owning or claiming to own, or occupying, any part thereof or interest
therein, showing, so far as practicable, the separate interest of each defendant. If What is the meaning of Necessity?
the title to any property sought to be expropriated appears to be in the Republic of It does not mean absolute but only reasonable or practical necessity.
the Philippines, although occupied by private individuals, or if the title is otherwise Property already devoted to public use is not subject to public use.
obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify
who are the real owners, averment to that effect shall be made in the complaint.
Sec. 2. Entry of plaintiff upon depositing value with authorized government
Who has a right of Eminent Domain? How shall it be exercised? depositary.
File a verified complaint stating the following, with certainty: Upon the filing of the complaint or at any time thereafter and after due notice to the
1. The right and purpose of expropriation (must be for public defendant, the plaintiff shall have the right to take or enter upon the possession of
purpose) the real property involved if he deposits with the authorized government depositary
2. Describe the real or personal property sought to be expropriated an amount equivalent to the assessed value of the property for purposes of taxation
to be held by such bank subject to the orders of the court. Such deposit shall be in
Who shall be joined as defendants? money, unless in lieu thereof the court authorizes the deposit of a certificate of
All persons owning or claiming to own, or occupying, any part thereof or deposit of a government bank of the Republic of the Philippines payable on demand
interest therein, showing, so far as practicable, the separate interest of to the authorized government depositary.
each defendant If personal property is involved, its value shall be provisionally ascertained and the
amount to be deposited shall be promptly fixed by the court.
It is not true that only the owner can be compensated. In several decisions of After such deposit is made the court shall order the sheriff or other proper officer to
SC recently, it said that owners, persons claiming to own, and even occupants forthwith place the plaintiff in possession of the property involved and promptly
claiming to own may be compensated. submit a report thereof to the court with service of copies to the parties.
If the title to any property sought to be expropriated appears to be in the After the complaint is filed or even before the defendant has filed and served his
Republic of the Philippines, although occupied by private individuals, or if the answer, the plaintiff or expropriator may enter the property, remove the
title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy improvements, whether there are houses, barns or whatever.
or certainty specify who are the real owners, that fact must be alleged in the
complaint. Just deposit with the authorized govt depositary, LBP, an amount equal to the
assessed value of the property. That is only for the purpose of entering. The
Eminent domain is the right; expropriation is the proceeding. You know the expropriator cannot still enter immediately because he must secure a writ of
proceeding for the local government unit to expropriate. There must be an possession. If court issues a writ of possession, the sheriff will oust the owner or
ordinance and not a resolution. You have to negotiate with the owner first occupant from the premises and place the plaintiff in peaceful possession of the
before filing the action. The ordinance must authorize the Mayor to initiate the premises.//sara
expropriation proceeding, that’s in LGC.
Such deposit shall be in money unless the court authorizes the deposit of a
What court has the exclusive original jurisdiction over expropriation cases? certificate of deposit of a government bank of the Republic of the Philippines like
RTC. Because it’s an action not capable of pecuniary estimation. You do not Landbank banks payable on demand to the authorized government depositary. That
know how much will be the amount to be given to the owner or occupant. is the procedure if the property involved is real property.
Like partition, there are two stages in expropriation. Supposed the property involved is real property, there is no assessed value. So
1. First Stage: Determine the authority of the plaintiff to exercise the what’s the basis or interest? The value shall be provisionally ascertained and the
power of eminent domain/ right to expropriate and the propriety of its amount involved will be deposited with the court. So after deposit the sheriff or
exercise. Plaintiff must have lawful right to take property sought to be other proper officer forthwith places the plaintiff in possession of the property. What
condemned for the public purpose or use described in the complaint. is the duty of the plaintiff? Report to the court with service of copies to the parties.
2. Second Stage: Determination of the Just compensation. If there is So this is section 2, you can enter and take possession of the property if you deposit
disagreement relative to determination of just compensation, the court the assessed value.
will appoint three independent and competent commissioners. But there is a new law, the Build Operate Transfer Law, leading case is Republic vs.
Judge Henric Guingoyon Jr, this is the case of PIATCO, NAIA 3. Ang nag build
If you have a parcel of lot (300 sq. m) and you want to build a residential German, the government wanted to possess the property, NAIA 3, but the court
house and you have been refused by the government without good reason/ you said, no, you have to deposit the whole amount. So that’s the law, but this law
are not given a building permit, that’s tantamount to expropriation because you applies only to government-funded infrastructure project like the airports.
are deprived of the use of the land. Before taking possession, is there a need to hear the incident? No, no need, once
you deposit you can enter if there is a writ of possession.
The [sic] deposit has two-fold purpose: Suppose the defendant will resist or oppose the expropriation, what is the
proceeding? He should file his answer. So file and serve answer within the time
1. Pre-payment (that is not the whole payment) stated in the summons.
2. Indemnity against damage
What must be alleged in the answer? Specifically designate or identify the property
Now there is a provision under civil procedure known as Dismissal by Notice. in which he claims to have an interest. The rule did not even say he claims to be his
Plaintiff files a case, before answer is served, plaintiff may withdraw the case, so own, ni ingon ra nga claims to have an interest, so he may not be the owner.
notice of dismissal. That is allowed. I repeat before answer is filed plaintiff may
withdraw the case by filing a notice of dismissal, not motion to dismiss. The nature and extent of the interest claimed, then his objections and defenses.
Usually the objection is—it’s not for public purpose. Like in Masikip vs. City of Pasig,
That rule does not apply to expropriation. What is the reason? I’ll give you an gi-expropriate sa City of Pasig ang iyang property para sa mga sports activities, so
example. Plaintiff City of Cebu filed an action for expropriation, deposited the he opposed, and he was sustained by the supreme court. Ang City of Pasig naa na
amount, then entered the property, removed the houses, removed the sila daa’y sports complex, nganong kuhaon paman gyud ang kang Masikip nga
improvements, trees, etc. Since defendant has not yet filed his answer, can the masikip naman daan iyang property.
government say, let us apply the notice of dismissal rule, withdraw dayon, guba na,
diba, unfair. Supreme Court said not applicable. Now do not also forget that just like criminal procedure, there is no counter claim,
cross-claim, or third-party complaint.
Sec. 3. Defenses and objections. Then apply the Omnibus Motion Rule. You interpose all the grounds for objections.
So defenses and objections not alleged in the answer are deemed waived.
If a defendant has no objection or defense to the action or the taking of his Amendments to the answer may be allowed not later than 10 days from the filing
property, he may file and serve a notice of appearance and a manifestation to that thereof.
effect, specifically designating or identifying the property in which he claims to be
interested, within the time stated in the summons. Thereafter, he shall be entitled And don’t forget also, this is the only action where if you if fail or refuse to file your
to notice of all proceedings affecting the same. answer, you are allowed to present evidence. Repeat, you are allowed to present
If a defendant has any objection to the filing of or the allegations in the complaint, evidence relative to the value or just compensation, it’s found in the last sentence:
or any objection or defense to the taking of his property, he shall serve his answer “However, at the trial of the issue of just compensation, whether or not a defendant
within the time stated in the summons. The answer shall specifically designate or has previously appeared or answered, he may present evidence as to the amount of
identify the property in which he claims to have an interest, state the nature and the compensation to be paid for his property, and he may share in the distribution
extent of the interest claimed, and adduce all his objections and defenses to the of the award”.
taking of his property. No counterclaim, cross-claim or third-party complaint shall
be alleged or allowed in the answer or any subsequent pleading.
A defendant waives all defenses and objections not so alleged but the court, in the Sec. 4. Order of expropriation.
interest of justice, may permit amendments to the answer to be made not later If the objections to and the defenses against the right of the plaintiff to expropriate
than ten (10) days from the filing thereof. However, at the trial of the issue of just the property are overruled, or when no party appears to defend as required by this
compensation, whether or not a defendant has previously appeared or answered, he Rule, the court may issue an order of expropriation declaring that the plaintiff has a
may present evidence as to the amount of the compensation to be paid for his lawful right to take the property sought to be expropriated, for the public use or
property, and he may share in the distribution of the award. purpose described in the complaint, upon the payment of just compensation to be
determined as of the date of the taking of the property or the filing of the
The defendant may agree, I’ll be benefited if a road will be constructed in the complaint, whichever came first.
middle of my property, the value of the land will appreciate, so no objection. If he A final order sustaining the right to expropriate the property may be appealed by
has no objection or no defense, he will simply file a manifestation to the court. any party aggrieved thereby. Such appeal, however, shall not prevent the court
Manifestation—defendant through counsel respectfully manifests that he has no from determining the just compensation to be paid.
objection to the expropriation of this property, but he must describe the property, if After the rendition of such an order, the plaintiff shall not be permitted to dismiss or
it is titled then you state the title, you state also the area. So the rule says, he may discontinue the proceeding except on such terms as the court deems just and
file and serve a notice of appearance and a manifestation specifically designating or equitable.
identifying the property in which he claims to be interested, within the time stated
in the summons. Thereafter, he shall be entitled to notice of all proceedings If the objections and defenses are overruled, or when no party appears to defend as
affecting the same. required by the rule, the court may issue an order of expropriation declaring that
If you are only an occupant of a government land, you build a house, you agreed, the plaintiff has a lawful right to take the property, for the public use or purpose
but you said—you pay me the value of my house. described in the complaint, of course, upon the payment of just compensation to be
determined as of the date of the taking of the property or the filing of the
complaint, whichever came first.
Section 7. Report by commissioners and judgment thereupon. — The court may order the Section 9. Uncertain ownership; conflicting claims. — If the ownership of the property
commissioners to report when any particular portion of the real estate shall have been taken is uncertain, or there are conflicting claims to any part thereof, the court may order
passed upon by them, and may render judgment upon such partial report, and direct the any sum or sums awarded as compensation for the property to be paid to the court for the
commissioners to proceed with their work as to subsequent portions of the property sought benefit of the person adjudged in the same proceeding to be entitled thereto. But the
to be expropriated, and may from time to time so deal with such property. The judgment shall require the payment of the sum or sums awarded to either the defendant or
commissioners shall make a full and accurate report to the court of all their proceedings, the court before the plaintiff can enter upon the property, or retain it for the public use or
and such proceedings shall not be effectual until the court shall have accepted their report purpose if entry has already been made. (9a)
and rendered judgment in accordance with their recommendations. Except as otherwise
expressly ordered by the court, such report shall be filed within sixty (60) days from the date This is a situation where the ownership of the property taken is uncertain or there
the commissioners were notified of their appointment, which time may be extended in the are conflicting claims. So under the circumstances, the court may order any sum or
discretion of the court. Upon the filing of such report, the clerk of the court shall serve copies sums awarded as compensation to be paid to the court for the benefit of the person
thereof on all interested parties, with notice that they are allowed ten (10) days within which adjudged in the same proceeding. So the court in expropriation proceedings may
to file objections to the findings of the report, if they so desire. (7a) resolve the conflicting claims of the parties. If court says X is the owner, then
compensation will be delivered to X. If the judgment shall require a payment of sum
Sec. 7 Reports by commissioners. So they will submit a report through the court. or sums awarded to either the defendant or the court, before the plaintiff can enter
Now the court must hear the report for there may be objections to the report. The into the property or retain it for the public use or purpose if entry has already been
defendant may say, ―baratoha ra ani oi‖, or ang plaintiff mo question ―mahala ra made.
ana oi‖, so the court will hear the report. if court is satisfied with the report, then
the court may render judgment in accordance therewith, it may quote the report in
toto. Now the commissioner must make a full and accurate report to the court for it Sec. 10. Rights of plaintiff after judgment and payment.
may be the basis of judgment. Upon payment by the plaintiff to the defendant of the compensation fixed by the
judgment, with legal interest thereon from the taking of the possession of the
When shall the parties raise their objection? property, or after tender to him of the amount so fixed and payment of the costs,
10 days within which to file objections to the findings in the report. the plaintiff shall have the right to enter upon the property expropriated and to
appropriate it for the public use or purpose defined in the judgment, or to retain it
should he have taken immediate possession thereof under the provisions of section
Section 8. Action upon commissioners' report. — Upon the expiration of the 2 hereof. If the defendant and his counsel absent themselves from the court, or
period of ten (10) days referred to in the preceding section, or even before the decline to receive the amount tendered, the same shall be ordered to be deposited
expiration of such period but after all the interested parties have filed their in court and such deposit shall have the same effect as actual payment thereof to
objections to the report or their statement of agreement therewith, the court the defendant or the person ultimately adjudged entitled thereto.
may, after hearing, accept the report and render judgment in accordance
therewith, or, for cause shown, it may recommit the same to the commissioners So what are the rights of the plaintiff (example City Government) after
for further report of facts, or it may set aside the report and appoint new judgment?
commissioners; or it may accept the report in part and reject it in part and it Plaintiff shall have the right to enter upon the property expropriated if he has not
may make such order or render such judgment as shall secure to the plaintiff yet entered and to appropriate it for the public purpose or use defined in the
the property essential to the exercise of his right of expropriation, and to the judgment.
defendant just compensation for the property so taken. (8a)
So the case is Lozada Jr. involving the properties in IT Park Lahug. Kung mu file ang
city ug expropriation proceeding, i-state ang public purpose unsa—ie, public
schools. Paghuman sa judgment, public market diay to. Pwede? NO. Because you
told the court it was for this public purpose, you cannot devote it to any other for such public use or purpose.
purpose other than the one stated in the complaint.
Last act is recording. Adequate description of property, interest, nature of the public
If the defendant and his counsel absent themselves from the court or decline to use or purpose.
receive the amount, then deposit it to the court//angge
If the land is titled
Then record it in the Registry of Deeds of the place in which the property is
Sec. 11. Entry not delayed by appeal; effect of reversal. situated.
The right of the plaintiff to enter upon the property of the defendant and
appropriate the same for public use or purpose shall not be delayed by an appeal If the land is already registered in the name of the plaintiff It’s effect shall be
from the judgment. But if the appellate court determines that plaintiff has no right to vest in the plaintiff the title to the real property described for such public use or
of expropriation, judgment shall be rendered ordering the Regional Trial Court to purpose.
forthwith enforce the restoration to the defendant of the possession of the property,
and to determine the damages which the defendant sustained and may recover by
reason of the possession taken by the plaintiff. Sec. 14. Power of guardian in such proceedings.
The guardian or guardian ad litem of a minor or of a person judicially declared to be
Entry is not delayed by appeal. Kaning expropriation is harsh. The right of the incompetent may, with the approval of the court first had, do and perform on behalf
plaintiff to enter upon the property of the defendant and appropriate the same for of his ward any act, matter, or thing respecting the expropriation for public use or
public use or purpose shall not be delayed by an appeal from the judgment. purpose of property belonging to such minor or person judicially declared to be
incompetent, which such minor or person judicially declared to be incompetent
Suppose gi-reverse sa appellate court. Ni-ingon ang appellate court: You could do in such proceedings if he were of age or competent.
have no right to expropriate. What should be done under the
circumstances? Not really important.
The rule says—restore to the defendant the possession of the property plus
damages.
RULE 68
Damages that may be recovered FORECLOSURE OF REAL ESTATE MORTAGE
The loss resulting from the disposition of the lot
The loss resulting from the deprivation of the use and application of the lot Maayo naman mo sa Credit and Transaction. Maayo na pud mo sa Civil Law.
The expenses incurred during the pendency of the action including Peanuts ninyo ni. :D
attorney’s fees
Destruction of buildings, canals, etc. Section 1. Complaint in action for foreclosure.
And other damages In an action for the foreclosure of a mortgage or other encumbrance upon real
estate, the complaint shall set forth the date and due execution of the mortgage; its
Sec. 12. Costsby whom paid. assignments, if any; the names and residences of the mortgagor and the
The fees of the commissioners shall be taxed as a part of the costs of the mortgagee; a description of the mortgaged property; a statement of the date of the
proceedings. All costs except those of rival claimants litigating their claims shall be note or other documentary evidence of the obligation secured by the mortgage, the
paid by the plaintiff unless an appeal is taken by the owner of the property and the amount claimed to be unpaid thereon; and the names and residences of all persons
judgment is affirmed having or claiming an interest in the property subordinate in right to that of the
in which event the costs of the appeal shall be paid by the owner. holder of the mortgage, all of whom shall be made defendants in the action.
Kaning commissioners, tagaan sad ug compensation. The fees of the commissioners What shall be stated in the complaint?
shall be taxed as a part of the costs of the proceedings. Date and due execution of the mortgage
Its assignments, if any
The names and residences of the mortgagor and the mortgagee
Sec. 13. Recording judgment and its effect. A description of the mortgaged property
The judgment entered in expropriation proceedings shall state definitely by an A statement of the date of the note or other documentary evidence of the
adequate description the particular property or interest therein expropriated and the obligation secured by the mortgage
nature of the public use or purpose for which it is expropriated. When real estate is The amount claimed to be unpaid thereon
expropriated a certified copy of such judgment shall be recorded in the registry of The names and residences of all persons having or claiming an interest in
deeds of the place in which the property is situated the property subordinate in right to that of the holder of the mortgage, all
and its effect shall be to vest in the plaintiff the title to the real estate so described of whom shall be made defendants in the action
complaint to be true, it shall ascertain the amount due to the plaintiff upon the
Aside from the mortgage debtor, the complaint shall join as proper parties or mortgage debt or obligation, including interest and other charges as approved by
necessary parties the following: the court, and costs, and shall render judgment for the sum so found due and order
Second mortgagee that the same be paid to the court or to the judgment obligee within a period of not
Subsequent attaching creditor less than ninety (90) days nor more than one hundred twenty (120) days from the
Subsequent purchaser entry of judgment, and that in default of such payment the property shall be sold at
Ang gi-baligya, dako kaayo’g amount; ang-ang man ug ihatag tanan didto sa public auction to satisfy the judgment.
creditor. Pananglitan Php500,000 ang iyang claim and then pagbaligya, Php1million.
Unya before nahuman ang kaso nangutang nasad ang defendant. So asa man na Sec. 3. Sale of mortgaged property; effect.
nimo ihatag? Ngadto sa junior encumbrancer. When the defendant, after being directed to do so as provided in the next preceding
section, fails to pay the amount of the judgment within the period specified therein,
MTC may have jurisdiction in judicial or closure proceedings, depending sa assess the court, upon motion, shall order the property to be sold in the manner and under
value or the amount of the property involved. the provisions of Rule 39 and other regulations governing sales of real estate under
execution. Such sale shall not affect the rights of persons holding prior
Mortgage property cannot appropriate the mortgaged property. Wa man kaha ka encumbrances upon the property or a part thereof, and when confirmed by an order
kabayad, ako na na imong property. Sayop na. I-foreclose muna. Wala’y pactum of the court, also upon motion, it shall operate to divest the rights in the property of
commisorium. all the parties to the action and to vest their rights in the purchaser, subject to such
rights of redemption as may be allowed by law.
Mu direcho lang bira sa property, walay expropriation, impacto na sila! Upon the finality of the order of confirmation or upon the expiration of the period of
redemption when allowed by law, the purchaser at the auction sale or last
Provisional remedies available to mortgagee in case of foreclosure redemptioner, if any, shall be entitled to the possession of the property unless a
1. Preliminary attachment of the properties of the debtor not covered by the third party is actually holding the same adversely to the judgment obligor. The said
mortgage. Ang utang Php1M secured by real property worth Php500K. So purchaser or last redemptioner may secure a writ of possession, upon motion, from
there is an unsecured portion of Php500K. Kay naa ma’y unsecured the court which ordered the foreclosure.
portion, the plaintiff may attach. Remember General Rule—you cannot
attach a property which is xxx. If the defendant fails to pay the amount, then the property mortgaged shall be sold
at public auction. The proceeds of which shall be applied to the judgment amount.
2. Receivership of mortgaged property. Mahadlok ang plaintiff na ang The sale does not affect the junior encumbrancers or persons holding prior
property under litigation will be wasted, destroyed, etc., so nagkinahanglan encumbrances upon the property or part thereof.
ug receivership. A receiver is appointed by the court to preserve the
property.//nina There’s one thing you shouldn’t forget in foreclosure. There must be confirmation of
sale. Under Rule 39 on Execution, there is no confirmation of sale. Rule says ―when
confirmed by an order of the court‖, so there must be motion for confirmation.
August 10
What is the effect if there is already confirmation?
RULE 68 It shall operate to divest the rights in the property of all the parties to the
FORECLOSURE OF REAL ESTATE MORTGAGE action and to vest their rights in the purchaser, subject to such rights of
redemption as may be allowed by law.
Section 1. Complaint in action for foreclosure. Upon the finality of the order of confirmation or upon the expiration of the period of
redemption, the purchaser or the or last redemptioner shall be entitled to the
In an action for the foreclosure of a mortgage or other encumbrance upon real possession of the property except if a third party is actually holding the same
estate, the complaint shall set forth the date and due execution of the mortgage; its adversely to the judgment obligor.
assignments, if any; the names and residences of the mortgagor and the
mortgagee; a description of the mortgaged property; a statement of the date of the The purchaser or last redemptioner may file a motion for the issuance of a writ of
note or other documentary evidence of the obligation secured by the mortgage, the possession, placing him in peaceful possession of the premises and ousting of the
amount claimed to be unpaid thereon; and the names and residences of all persons occupants.
having or claiming an interest in the property subordinate in right to that of the
holder of the mortgage, all of whom shall be made defendants in the action. Relative to the motion for confirmation of sale, there must be notice and hearing.
Without them, the confirmation is void and may be set aside. The confirmation
Sec. 2. Judgment on foreclosure for payment or sale. catches all interests of the mortgagor in the property sold and vests them in the
If upon the trial in such action the court shall find the facts set forth in the purchaser.
Yes, recovery of the balance is allowed. When there shall be a balance or
Before the finality of the order of confirmation, the mortgage-debtor, second residue, the same shall be paid to the junior encumbrancers.
mortgagee, etc may exercise what known as equity of redemption.
Sec. 5. How sale to proceed in case the debt is not all due.
Right of redemption is allowed by law: If the debt for which the mortgage or encumbrance was held is not all due as
RA 8791 (formerly, General Banking Act) provided in the judgment, as soon as a sufficient portion of the property has been
Mortgagor or debtor has the right within one year after the sale of the real sold to pay the total amount and the costs due, the sale shall terminate; and
estate to redeem the property. The period of 1 year after the sale has been afterwards, as often as more becomes due for principal or interest and other valid
construed as one year from the registration of the sale of the registered charges, the court may, on motion, order more to be sold. But if the property
land. cannot be sold in portions without prejudice to the parties, the whole shall be
ordered to be sold in the first instance, and the entire debt and costs shall be paid,
The order of confirmation is appealable. if the proceeds of the sale be sufficient therefore, there being a rebate of interest
where such rebate is proper.
Equity of redemption
May be exercised before confirmation of sale. Before judicial confirmation If the debt is not all due as provided in the judgment as soon as a sufficient portion
of sale, the title of the land sold does not vest in the purchaser. Therefore of the property has been sold to pay the total amount and the costs due, the sale
after the sale and before confirmation, the court may still grant the shall terminate. If the property cannot be sold in portions without prejudice to the
judgment debtor an opportunity to pay the proceeds of the sale and thus parties, the whole shall be ordered to be sold.
abstain from confirming it. After confirmation, there's no right of
redemption. Sec. 6. Deficiency judgment.
If upon the sale of any real property as provided in the next preceding section there
Right of redemption be a balance due to the plaintiff after applying the proceeds of the sale, the court,
upon motion, shall render judgment against the defendant for any such balance for
General rule: There is of right of redemption. which, by the record of the case, he may be personally liable to the plaintiff, upon
Exception: In case of judicial foreclosure of any mortgage on real property in favor which execution may issue immediately if the balance is all due at the time of the
of the bank, quasi-bank or trust entity. rendition of the judgment; otherwise, the plaintiff shall be entitled to execution at
such time as the balance remaining becomes due under the terms of the original
The redemption price is the amount due under the mortgage debt plus interest at contract, which time shall be stated in the judgment.
the rate specified plus the cost and expenses incurred by the bank.
The deficiency judgment is allowed. That is if there is balance due to the plaintiff
Act 3135, as amended after applying the proceeds of the sale. There must be a motion to recover the
Is still applicable and the non juridical mortgagors retain the right of balance. The court shall render judgment against the defendant for any such
redemption of one year from the date of registration of the sale of balance.
registered land.
There are cases where such deficiency judgment cannot be decreed:
Mere inadequacy of price is not a ground for setting aside the price of sale.
Exception is when the price is shocking to the conscience of the court. 1. Person who mortgages his property to secure the debt of another is not
required to pay the balance of deficiency
Sec. 4. Disposition of proceeds of sale. 2. Action to foreclosure a mortgage against a non resident not found in the
Philippines
The amount realized from the foreclosure sale of the mortgaged property shall, after
deducting the costs of the sale, be paid to the person foreclosing the mortgage, and Right to deficiency of foreclosure of chattel mortgage
when there shall be any balance or residue, after paying off the mortgage debt due,
the same shall be paid to junior encumbrancers in the order of their priority, to be If in the case of extrajudicial foreclosure of a chattel mortgage and a deficiency
ascertained by the court, or if there be no such encumbrancers or there be a exists, an independent action may be instituted.
balance or residue after payment to them, then to the mortgagor or his duly
authorized agent, or to the person entitled to it. Sec. 7. Registration.
A certified copy of the final order of the court confirming the sale shall be registered
After deducting the costs of the sale, the same shall be paid to the person in the registry of deeds. If no right of redemption exists, the certificate of title in the
foreclosing the mortgage. name of the mortgagor shall be cancelled, and a new one issued in the name of the
purchaser.
Is recovery of the balance allowed? Where a right of redemption exists, the certificate of title in the name of the
mortgagor shall not be cancelled, but the certificate of sale and the order confirming If the title or possession of real property in an action or partition depends on the
the sale shall be registered and a brief memorandum thereof made by the registrar annulment deed of declaration of heirs, RTC not MTC has jurisdiction.
of deeds upon the certificate of title. In the event the property is redeemed, the
deed of redemption shall be registered with the registry of deeds, and a brief Who may file?
memorandum thereof shall be made by the registrar of deeds on said certificate of Co-proprietors, co-owners or co-parcelers. All co-owners are indispensable
title. parties. If an indispensable party is not impleaded, do not dismiss the case
If the property is not redeemed, the final deed of sale executed by the sheriff in but file a motion to implead the indispensable party. If despite the order to
favor of the purchaser at the foreclosure sale shall be registered with the registry of implead the indispensable party and the latter is not impleaded, the
deeds; whereupon the certificate of title in the name of the mortgagor shall be complaint may be dismissed not because of the exclusion of the
cancelled and a new one issued in the name of the purchaser. indispensable party but for the failure to comply with the orders of the
court.
Sec 7 is the registration of the order of the court confirming the sale registered in
the Registry of Deeds. If no right of redemption exists, the certificate of title in the Inadequate description may be cured by evidence introduced at the trial without
name of the mortgagor shall be cancelled, and a new one issued in the name of the objection.
purchaser.
There are several provisions in the Civil Code on Partition:
If a right of redemption exists, the certificate of title in the name of the mortgagor 1. Article 494
shall not be cancelled, but the certificate of sale and the order confirming the sale 2. Article 495
shall be registered 3. Article 496
4. Article 498
If the property is not redeemed, the final deed of sale executed by the sheriff in 5. Article 1083
favor of the purchaser shall be registered with the Registry of Deeds. 6. Article 1084
Sec. 8. Applicability of other provisions. Sec. 2. Order for partition, and partition by agreement thereunder.
The provisions of sections 31, 32 and 34 of Rule 39 shall be applicable to the judicial If after the trial the court finds that the plaintiff has the right thereto, it shall order
foreclosure of real estate mortgages under this Rule insofar as the former are not the partition of the real estate among all the parties in interest. Thereupon the
inconsistent with or may serve to supplement the provisions of the latter. parties may, if they are able to agree, make the partition among themselves by
proper instruments of conveyance, and the court shall confirm the partition so
RULE 69 agreed upon by all the parties, and such partition, together with the order of the
PARTITION court confirming the same, shall be recorded in the registry of deeds of the place in
which the property is situated.
This is similar to expropriation. A final order decreeing partition and accounting may be appealed by any party
aggrieved thereby.
Section 1. Complaint in action for partition of real estate. After filing of the responsive pleading, the court will conduct trial. If it finds that the
A person having the right to compel the partition of real estate may do so as plaintiff has a right thereto, meaning he is a co-owner, it shall order the partition of
provided in this Rule, setting forth in his complaint the nature and extent of his title the real estate among all the parties-in-interest. This is the first Stage in an action
and an adequate description of the real estate of which partition is demanded and for partition.
joining as defendants all other persons interested in the property.
Since court has already ruled that the plaintiff has the right, then it will allow the
Who is the plaintiff? parties to agree among themselves to make the partition by proper instruments of
A person having the right to compel the partition of real estate, meaning a conveyance. Leave the parties alone; let them agree on how to partition their
co-owner or a co-parceler, co-proprietor. properties. If they agree, they should execute an instrument of conveyance called
How? the Deed of Partition.
By stating the nature and extent of his title and an adequate description of
the real estate of which partition is demanded After a Deed of Partition is submitted, the court should confirm the partition
together with the order of the court confirming the same shall be recorded in the
Who shall be joined as defendant? Registry of Deeds of the place where property is situated. A final order decreeing
All other persons interested in the property – the co-owners, co-parcelers partition and accounting may be appealed by any party aggrieved thereby.
Which court has jurisdiction? Period to appeal is not 15 days but 30 days because a record on appeal is
It depends upon the value of the property sought to be partitioned required.
2 Stages in every action for Partition: allowed ten (10) days within which to file objections to the findings of the report, if
1. Determine whether or not a co-ownership exists and a partition is proper. they so desire. No proceeding had before or conducted by the commissioners shall
The court may either declare that the plaintiff is not entitled to have a pass the title to the property or bind the parties until the court shall have accepted
partition either because a co-ownership does not exist or a partition is the report of the commissioners and rendered judgment thereon.
prohibited. Another option is for the court to render a decision or order that Commissioners should render a full and accurate report then file the report with the
the co-ownership be ceased. clerk of court and furnish the interested parties with copies thereof. Interested
2. For the parties to agree among themselves how to partition the property. If parties may file their objections. No proceeding had before or conducted by the
the parties fail to agree then the court will appoint not more than three (3) commissioners shall pass the title to the property or bind the parties until the court
competent and disinterested persons as commissioners who will partition has accepted the report and rendered judgment thereof.
the property.
Sec. 3. Commissioners to make partition when parties fail to agree. Sec. 7. Action of the court upon commissioners’ report.
If the parties are unable to agree upon the partition, the court shall appoint not Upon the expiration of the period of ten (10) days referred to in the preceding
more than three (3) competent and disinterested persons as commissioners to section, or even before the expiration of such period but after the interested parties
make the partition, commanding them to set off to the plaintiff and to each party in have filed their objections to the report or their statement of agreement therewith,
interest such part and proportion of the property as the court shall direct. the court may, upon hearing, accept the report and render judgment in accordance
therewith; or, for cause shown, recommit the same to the commissioners for further
Sec. 4. Oath and duties of commissioners. report of facts; or set aside the report and appoint new commissioners; or accept
Before making such partition, the commissioners shall take and subscribe an oath the report in part and reject it in part; and may make such order and render such
that they will faithfully perform their duties as commissioners, which oath shall be judgment as shall effectuate a fair and just partition of the real estate, or of its
filed in court with the other proceedings in the case. In making the partition, the value, if assigned or sold as above provided, between the several owners thereof.
commissioners shall view and examine the real estate, after due notice to the
parties to attend at such view and examination, and shall hear the parties as to What action may the court take upon Commissioners’ report?
their preference in the portion of the property to be set apart to them and the 1. Court may accept the report and render judgment in accordance
comparative value thereof, and shall set apart the same to the parties in lots or therewith or
parcels as will be most advantageous and equitable, having due regard to the 2. Recommit the report to the commissioners for further report or
improvements, situation and quality of the different parts thereof. 3. Set aside the report and appoint new commissioners or
Under Section 4, they shall take an oath so that they will faithfully their duties ▬ 4. Accept the report in part and reject it in part
view and examine the real estate and hear the parties. 5.
Sec. 8. Accounting for rent and profits in action for partition.
Sec. 5. Assignment or sale of real estate by commissioners. In an action for partition in accordance with this Rule, a party shall recover from
When it is made to appear to the commissioners that the real estate, or a portion another his just share of rents and profits received by such other party from the
thereof, cannot be divided without prejudice to the interests of the parties, the court real estate in question, and the judgment shall include an allowance for such rents
may order it assigned to one of the parties willing to take the same, provided he and profits.
pays to the other parties such amounts as the commissioners deem equitable,
unless one of the interested parties asks that the property be sold instead of being There shall be accounting for rent and profits in action for partition. You cannot file
so assigned, in which case the court shall order the commissioners to sell the real a separate action to divide the rents and profits because that is splitting a single
estate at public sale under such conditions and within such time as the court may cause of action. A party shall recover from another his just share of rents and
determine. profits received by such other party from the real estate in question, and the
If the real property sought to be partitioned cannot be divided without prejudice to judgment shall include an allowance for such rents and profits. It is possible that
the interest of the parties, there are two options. one of the co-owners was in possession of the properties for 10 years, he collected
1. Assign the property to one of the parties willing to take it or the rents and gathered the natural fruits so they should account for the rental and
2. Sell the property then divide the proceeds among themselves the fruits.
Example: There are 10 heirs and one house with 100 sq m floor area. 10 sila, it is Sec. 9. Power of guardian in such proceedings.
impractical to divide the single house. So, they may agree that one of them will buy The guardian or guardian ad litem of a minor or person judicially declared to be
the house and others be paid. If they cant agree, so just sell the house. 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 partition of real estate, which
Sec. 6. Report of commissioners; proceedings not binding until confirmed. the minor or person judicially declared to be incompetent could do in partition
The commissioners shall make a full and accurate report to the court of all their proceedings if he were of age or competent.
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 He can do and perform on behalf of his ward any act, matter or thing respecting the
shall serve copies thereof on all the interested parties with notice that they are partition.
They may devise means to partition the property. For as long it is not contrary to
Sec. 10. Costs and expenses to be taxed and collected. law, morals, public order and public policy, it should be approved by the court.
The court shall equitably tax and apportion between or among the parties the costs
and expenses which accrue in the action, including the compensation of the Sec. 13. Partition of personal property.
commissioners, having regard to the interests of the parties, and execution may The provisions of this Rule shall apply to partitions of estates composed of personal
issue therefor as in other cases. property, or of both real and personal property, in so far as the same may be
applicable.
Sec. 11. The judgment and its effect; copy to be recorded in registry of deeds. In so far as it is applicable, follow partition of real property.
If actual partition of 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 party, and the effect of the judgment shall be to vest in each party RULE 70
to the action in severalty the portion of the real estate assigned to him. If the whole FORCIBLE ENTRY AND UNLAWFUL DETAINER
property is assigned to one of the parties upon his paying to the others the sum or Forcible Entry – entry is illegal from the beginning
sums ordered by the court, the judgment shall state the fact of such payment and
of the assignment of the real estate to the party making the payment, and the Unlawful Detainer – entry is legal from the beginning. It became illegal for failure to
effect of the judgment shall be to vest in the party making the payment the whole pay or to comply with the terms and conditions of the lease.
of the real estate free from any interest on the part of the other parties to the
action. If the property is sold and the sale confirmed by the court, the judgment Section 1. Who may institute proceedings, and when.
shall state the name of the purchaser or purchasers and a definite description of the Subject to the provisions of the next succeeding section, a person deprived of the
parcels of real estate sold to each purchaser, and the effect of the judgment shall be possession of any land or building by force, intimidation, threat, strategy, or stealth,
to vest the real estate in the purchaser or purchasers making the payment or or a lessor, vendor, vendee, or other person against whom the possession of any
payments, free from the claims of any of the parties to the action. A certified copy land or building is unlawfully withheld after the expiration or termination of the right
of the judgment shall in either case be recorded in the registry of deeds of the place to hold possession, by virtue of any contract, express or implied, or the legal
in which the real estate is situated, and the expenses of such recording shall be representatives or assigns of any such lessor, vendor, vendee, or other person,
taxed as part of the costs of the action. may, at any time within one (1) year after such unlawful deprivation or withholding
of possession, bring an action in the proper Municipal Trial Court against the person
If the court renders its decision, the decision must be very, very clear. Otherwise its or persons unlawfully withholding or depriving of possession, or any person or
judgment will spawn other controversies in the future. So klarohay gyud. Metes and persons claiming under them, for the restitution of such possession, together with
Bounds! Meaning, there must be technical description of the shares assigned to the damages and costs.
co-owners.
Forcible Entry
Section 11 says the judgment shall state definitely, by metes and bounds and A person is deprived of the possession of any land or building by force,
adequate description, the particular portion of the real estate assigned to each intimidation, threat, strategy, or stealth.
party.
Unlawful Detainer
A lessor, vendor, vendee, or other person against whom the possession of
What is the effect of the judgment of partition? any land or building is unlawfully withheld after the expiration or
It shall be to vest in each party to the action in severalty the potion of the termination of the right to hold possession, by virtue of any contract,
real estate assigned to him. If the whole property is assigned to one of the express or implied, or the legal representatives or assigns of any such
co-owners then it must be stated in the decision. If the property was sold lessor, vendor, vendee, or other person.
and the same was confirmed by the court then judgment must state the
name of the purchaser plus the description of the property sold. Copy of You will notice that the rule uses the word ―possession‖. FE and UD are possessory
the judgment shall be recorderd in the registry of Deeds. actions. You cannot join as one of the defendants a person who is not in possession
even if he is the owner because the issue here is not the ownership but possession
Sec. 12. Neither paramount rights nor amicable partition affected by this Rule. de facto only. The court cannot with finality determine the issue on ownership but it
Nothing in this Rule contained shall be construed so as to prejudice, defeat, or may provisionally, only to ascertain the character of provion.
destroy the right or title of any person claiming the real estate involved by title
under any other person, or by title paramount to the title of the parties among When shall it be filed?
whom the partition may have been made; nor so as to restrict or prevent persons At any time within one (1) year after such unlawful deprivation or
holding real estate jointly or in common from making an amicable partition thereof withholding of possession. // sarah
by agreement and suitable instruments of conveyance without recourse to an
action.
RULE 70 What is the prayer? For the restitution of such possession plus the
FORCIBLE ENTRY AND UNLAWFUL DETAINER damages and costs.
Section 1. Who may institute proceedings, and when. Make no mistake about the forcible entry and unlawful detainer. Even if
the plaintiff is not the owner of the property, he may file an action for
Subject to the provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy, or stealth,
ejectment. Repeat, even if the plaintiff is not the owner of the property, he
or a lessor, vendor, vendee, or other person against whom the possession of any may file an action under section 1 because the only issue is possession de
land or building is unlawfully withheld after the expiration or termination of the right facto. In fact if the owner deprives the plaintiff of the possession of the
to hold possession, by virtue of any contract, express or implied, or the legal property, he may file an action under section 1.
representatives or assigns of any such lessor, vendor, vendee, or other person,
may, at any time within one (1) year after such unlawful deprivation or withholding How about the character of the land? Private? Not necessarily. It may be a
of possession, bring an action in the proper Municipal Trial Court against the person public land, or land owned by the government, a squatter may file an
or persons unlawfully withholding or depriving of possession, or any person or
action for ejectment against another squatter, that is a well-settled
persons claiming under them, for the restitution of such possession, together with
damages and costs.
decision if the SC, not only decision, but decisions of the SC. Why?
because the issue is possession de facto only.
Forcible entry, entry is illegal from the beginning, unlawful detainer entry So section one refers to two entirely different causes of action. Can you
is legal from the beginning, it became illegal for failure to pay or to comply join the two—forcible entry and unlawful detainer? The answer is no.
with the terms and conditions of the lease. Action to recover possession founded on illegal occupation from the
beginning, that is forcible entry. Action founded on unlawful detention by a
First part here is forcible entry. A person is deprived of the possession of person who originally acquired possession lawfully, unlawful or illegal
any land or building by force, intimidation, threat, strategy or stealth detainer.
(FISTS).
Distinguish forcible entry and unlawful detainer. Forcible entry, entry
Second part is unlawful detainer, lessor, vendor, vendee, or other person effected by FISTS. The action is to recover possession founded upon illegal
against whom possession of any land or building is unlawfully withheld possession from the beginning. Illegal detainer, base on an unlawful
after the expiration or termination of the right to hold possession by virtue detention by a person who has acquired possession rightfully but who
in contract or legal representative or assigns by such lessor, vendor, detains the property after the right to keep possession is ended. Action is
vendee or other person. This is unlawful detainer. within the exclusive jurisdiction of the MTC, whose judgments are
conclusive only on possession.
You will notice that the rule uses the word possession. Forcible entry and
unlawful detainer are possessory actions. You cannot join as one of the In an action of forcible entry and unlawful detainer, the mere filing of an
defendants, a person who is not in possession, even if he is the owner, answer claiming title to the premises involve or raising the question of
because the issue here is not ownership but possession de facto only. The ownership will not divest the court of jurisdiction. Defendant answered, I
court cannot, with finality determine the issue of ownership. It may, am the owner, it will not divest the court of jurisdiction. Why? because the
provisionally, to ascertain the character of the possession. question is not ownership but possession only. However the inferior court
losses its jurisdiction and must dismiss the action where the evidence
When shall it be filed? At anytime within one year after such unlawful shows that the question of ownership is so necessarily involved that it
deprivation or withholding of possession. would be impossible to determine the question of physical possession
without first deciding the question of ownership.
Exclusive, original—Municipal Trial Court.
Jurisdiction is based on the allegations of the complaint. All the elements
After one year, do not file it with the MTC, you file it with the RTC. of forcible entry and unlawful detainer must be stated. Jurisdiction is not
Against whom? Against the person or persons unlawfully withholding or based on the answer. There is one exception where the answer determines
depriving of possession, or any person or persons claiming under them. the jurisdiction of the court, if the defendant interposes the defense of
tenancy, the court should not dismiss the case right away, the court
should determine the issue of tenancy. Meaning, there must be and defendant filed an action for quieting of title with the RTC? Same rule.
preliminary determination of tenancy. If the court believes from the facts Same rule relative to the specific performance with damages, reformation
gathered that it is a question of tenancy, dismiss it, because the DARAB, of instrument, reconveyance of property or accion reinvidicatoria,
the Department of Agrarian Reform Adjudication Board has jurisdiction annulment of sale of title, etc. filed with the RTC, they will not suspend the
over the action. MTC proceedings.
If defendant, this is another exception, alleges that it is a question of Who may bring action for forcible entry and unlawful detainer?
contract involving subdivision lots or condominium, MTC should dismiss For forcible entry, a person deprived of possession of any land by FISTS,
because it is the HLURB which has jurisdiction over the action. Those are force, intimidation, strategy, threat and stealth.
the two exceptions.
Unlawful detainer, lessor, vendor or vendee or other person against whom
Municipal court could not be divested of its jurisdiction over the case possession of a land or building is unlawfully withheld, legal
because it could very well resolve the issue of ownership only representatives or assigns of such lessor, vendor, vendee, etc.
provisionally.
Who are the defendants or against whom the action can be maintained?
Sec. 2. Lessor to proceed against lessee only after demand. The action for forcible entry and unlawful detainer may be maintained only
Unless otherwise stipulated, such action by the lessor shall be commenced only
against one in possession at the commencement of the action, not against
after demand to pay or comply with the conditions of the lease and to vacate is
one who does not in fact hold the land. Tenant with right of possession
made upon the lessee, or by serving written notice of such demand upon the person
found on the premises, or by posting such notice on the premises if no person be may bring an action against another tenant. Vendor may bring an action
found thereon, and the lessee fails to comply therewith after fifteen (15) days in the for ejectment against vendee upon failure to pay installments due.
case of land or five (5) days in the case of buildings.
Forcible entry and unlawful detainer lie even against the very owner of the
property.
Sec. 3. Summary procedure. Fines of action to recover possession of real property, forcible entry and
Except in cases covered by the agricultural tenancy laws or when the law otherwise
unlawful detainer, only issue: POSSESSION DE FACTO.
expressly provides, all actions for forcible entry and unlawful detainer, irrespective
of the amount of damages or unpaid rentals sought to be recovered, shall be
governed by the summary procedure hereunder provided. Accion publiciana-a plenary action for possession which could be brought
in the RTC or MTC after one year or within one year in case it’s not
covered by rule 70, and as for its object, the recovery of a better right to
Nature of action-summary in nature such possession.
Ejectment suits are not suspended or barred by other actions. X filed an Accion publiciana-to recover ownership and possession which may be
ejectment case against Y with the MTC. Y filed an action for injunction with brought in the MTC or RTC depending upon the assessed value of the
injunction in an action filed with the RTC. Will the filing of the injunction property. Action must be brought before the MTC within one year,
case suspend the ejectment case? No. otherwise RTC has jurisdiction.
X versus Y, X said you have not paid for three consecutive months and Reckoning date or from one date one year period is counted?
under our contract, you should vacate the premises. So there was a letter Forcible entry, from the date of the entry or taking of possession by FISTS.
of demand—to pay and vacate. Before the case was filed by X, filed an One year period in such case is counted from the demand to vacate, upon
action for consignation with the RTC, will that divest the RTC or will the learning of the entry by stealth. So the defendant may have occupied the
proceedings before the MTC be suspended on the account of the filing of property for 3 years already through stealth. So the plaintiff discovered
the consignation case? The answer is no. The plaintiff filed an ejectment entry by stealth, he has one year to file the action after discovery of entry
case, can defendant file an accion publiciana with the RTC? Same rule, if by stealth.
plaintiff filed an action of ejectment, and defendant filed a writ of
possession with the RTC, same rule. If plaintiff files an ejectment case,
Illegal detainer- from the date of the last demand to vacate in case of non- Amounts of rents or damages claimed does not affect jurisdiction even if
payment of rent or non-compliance with the conditions of the lease. the amount is 1 million. The amount should not be considered, it’s the
character or nature of the action. This is so because rents or compensation
In pacita reconduccion, meaning from the date of the notice to quit in case for the use and occupation of the premises is only incidental to or
of a tacit renewal of the lease, when the acquiescence of the lessor, the accessory to the main action for restitution of possession unlawfully
lessee continues the lease for 10 years (Article 16, NCC) (not so sure with withheld.
this)
But if only rents or damages are claimed in an ordinary action, the action
From the date of the revocation of the permit in case of occupancy on is personal and the amount claimed determines whether it falls within the
mere tolerance. jurisdiction of the RTC or MTC.
Distinction of ownership from action to recover possession To illustrate—dear occupant, you have not paid five consecutive rentals-
1M, you better pay within 15 days. Is that forcible entry or unlawful
Action of action carries with it action for possession. Possession de facto is detainer? So if you file it to the court and your action is not unlawful
the only issue in forcible entry and unlawful detainer cases, meaning detainer but sum of money, naningil ka sa wala mobayad, sum of money,
possession in fact or physical possession. then file it with the RTC because the amount is 1M. if your claim is
300,000, sum of money, file it with the MTC.
Why is the procedure summary? Because the purpose is maintenance of
public order. But if you alleged that you are deprived of possession because defendant
failed to comply with the terms and conditions of the lease, file it with the
Court may receive evidence on possession de jure, meaning ownership MTC, because it is an action for unlawful detainer.
only to determine the nature of the possession. Even the tenant unlawfully
and forcibly ejected by landlord may bring an action. Lessor to proceed against lessee only after demand, demand to pay or to
comply with the conditions of the lease and to vacate. Demand to pay, the
Prior physical possession is not necessary in forcible entry. In an action for amount is agreed, or to comply with the conditions of the lease. Never
illegal detainer filed by the vendee, an allegation of prior physical forget that the two must be alleged in the letter of demand. Demand to
possession is not required, upon the theory that the vendee steps into the pay or comply with the conditions and to vacate. Lawyer ka, gi sugo ka sa
shoes of the vendor and succeeds to his rights and interests. In kliyente, paningli kay atong e-eject. Ingon dayon ka sa occupant, you
contemplation of law, vendee’s possession is that of vendor’s. have not paid for three consecutive months, pay or else…dismiss ang kaso
ana, dismiss ang kaso, because the demand must be pay and comply AND
To constitute an action for forcible entry, complaint must allege not only to vacate, pakapini gyud nag TO VACATE, not or ―and‖ to vacate.
plaintiff’s prior physical possession, but also deprivation through FISTS. If Is made upon the lessee or made by serving written notice of such
the dispossession did not take place by FISTS, the action is not for forcible demand upon the person found in the premises or by posting such notice
entry, file it with the RTC or MTC, depending upon the assessed value, on the premises if no person be found thereof. So if you will analyze,
20,000 outside Metro Manila, 50,000 in Manila. service of written notice or posting, they are all in writing. Then lessee fails
to comply after 15 days in the case of land, or 5 days in the case of
In an ejectment case, the plaintiff may recover rent or reasonable buildings.//jiji
compensation for the use and occupation of the premises. Supreme Court
has already declared that the only damages recoverable in an illegal When is demand necessary?
detainer are reasonable compensation for the use and occupation of A demand is a prerequisite to an action for unlawful detainer when the action is
failure to pay rent or to comply with the conditions of his lease; not for the action to
premises even in cases of usurpation. Plaintiff cannot therefore claim
terminate the lease because of the expiration of the term.
payment of damages such as that which plaintiff expects to obtain from his
business relocated in the premises, or for material injury caused to the Possession by tolerance.
premises. Damages which are caused by his loss of the use and occupation If there is a demand to vacate and the occupant by tolerance fails to vacate, the
of the property are not to such damages, as he may suffer, which has no occupant becomes an ...
direct relation with such use and occupation cannot be recovered.
When neither demand or notice to vacate not necessary? 2. Compulsory counter claim, not permissive counter claim;
In forcible entry cases because possession is illegal from the beginning. 3. Cross claim pleaded in the answers,
4. Answer to the cross claim.
What to allege in a complaint for unlawful detainer?
A complaint for unlawful detainer must allege both demand to vacate and to pay.
Meaning no 3rd party claims. All pleadings shall be verified. But lack of verification is
Demand to pay a new rental or to vacate is not the demand to vacate contemplated
not a jurisdictional but only a formal defect curable by amendment.
by the rule. Ejectment cannot be barred where the 1st action is based on different
cause.
Section 5. Action on complaint. — The court may, from an examination of the
By the way there is a case, ng abang xa sa yuta nay building, nay fishpond, nay allegations in the complaint and such evidence as may be attached thereto,
mga kahoy, nya wa mn kabayad for 3 consecutive months, so the owner filed an dismiss the case outright on any of the grounds for the dismissal of a civil action
action for unlawful detainer. Pagkahuman he filed another action for damages. which are apparent therein. If no ground for dismissal is found, it shall forthwith
Iyang bangus gi harvest, iyang kahoy gipamutol gihimog lumber. Ingon dayon ang issue summons. (n)dismiss the case outright or issue summons.
The court may either
defendant in a motion to dismiss, ―splitting a single cause of action‖. Right or
wrong? Wrong. There is no splitting. Kay unsa man damages recoverable in
forcible entry and unlawful detainer? Damages only as a result of forcible entry or Section 6. Answers. — Within ten (10) days from service of summons, the
unlawful detainer. Ang pag harvest sa fishpond these are a different matter. Ang defendant shall file his answer to the complaint and serve a copy thereof on the
pag putol sa kahoy na gihimog lumber is another matter. So the separate action of plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed
recovery of damages is valid. 2 cases, therefore, unlawful detainer to oust the waived, except lack of jurisdiction over the subject matter. Cross-claims and
occupant and for damages. Di man nimo ma recover ang damages sa pagkuha sa compulsory counterclaims not asserted in the answer shall be considered
isda, so separate action. That is the latest jurisprudence. barred. The answer to counterclaims or cross-claims shall be served and filed
within ten (10) days from service of the answer in which they are pleaded. (5
Ejectment action not barred where the 1 st action is based on different cause. RSP)
Somebody is renting your building, you allege that he failed to pay, trial, court
decided against you. Nakabayad man ni wa lang nimo makwenta ug ayo. So si
defendant kay nakabayad man diay. Nigara si defendant, he failed to comply with
Answer must not be within 15 days but within 10 days from service of summons.
the conditions of the lease. File nasad si plaintiff ug another action. Res judicata?
No. Because the 1st case was for failure to pay rent, that is the cause of action. The
Affirmative and negative defenses not alleged are deemed waived. This is the
second case is failure to comply with the conditions of the lease. So another cause
omnibus motion rule.
of action.
Exception: lack of jurisdiction over the subject matter.
Failure to file cross claims and compulsory counter claims in the answer shall be
Sec. 3. Summary procedure.
barred.
Except in cases covered by the agricultural tenancy laws or when the law
otherwise expressly provides, all actions for forcible entry and unlawful detainer,
Answer to counter claims or cross claims shall be served unfiled within 10 Days.
irrespective of the amount of damages or unpaid rentals sought to be recovered,
shall be governed by the summary procedure hereunder provided.
All actions for forcible entry and unlawful detainer irrespective of the amount of Section 7. Effect of failure to answer. — Should the defendant fail to answer the
complaint within the period above provided, the court, motu proprio or on motion
damages or unpaid rental sought to be recovered shall be governed by the
summary procedure under provided. Exception cases covered by the agricultural of the plaintiff, shall render judgment as may be warranted by the facts alleged
in the complaint and limited to what is prayed for therein. The court may in its
tenancy laws or when the law otherwise expressly provides. If the case is already
with the RTC, because the losing party appealed the decision of the MTC, the RTC is discretion reduce the amount of damages and attorney's fees claimed for being
excessive or otherwise unconscionable, without prejudice to the applicability of
not bound by the rules on summary procedure.
section 3 (c), Rule 9 if there are two or more defendants.
(6, RSP)
Section 4. Pleadings allowed. — The only pleadings allowed to be filed are the
complaint, compulsory counterclaim and cross-claim pleaded in the answer, and Should there be a failure to file answer, courtmay motu propio or on motion of the
the answers thereto. All pleadings shall be verified. (3a, RSP) plaintiff, shall render judgment as maybe warranted by the facts alleged in the
complaint and limited to what is prayed for therein. Should not be more, it may be
less. The demand is 100k, defendant should pay 100k only. Court may in its
Only the ff pleadings are allowed:
discretion reduce damages and attorney fees for being excessive or unconscionable.
1. Complaint;
Section 8. Preliminary conference; appearance of parties. — Not later than
thirty (30) days after the last answer is filed, a preliminary conference shall be
held. The provisions of Rule 18 on pre-trial shall be applicable to the preliminary
conference unless inconsistent with the provisions of this Rule. Section 10. Submission of affidavits and position papers. — Within ten (10)
days from receipt of the order mentioned in the next preceding section, the
parties shall submit the affidavits of their witnesses and other evidence on the
The failure of the plaintiff to appear in the preliminary conference shall be cause
factual issues defined in the order, together with their position papers setting
for the dismissal of his complaint. The defendant who appears in the absence of
forth the law and the facts relied upon by them. (9, RSP)
the plaintiff shall be entitled to judgment on his counterclaim in accordance with
the next preceding section. All cross-claims shall be dismissed. (7, RSP)
If a sole defendant shall fail to appear, the plaintiff shall likewise be entitled to Section 11. Period for rendition of judgment. — Within thirty (30) days after
judgment in accordance with the next preceding section. This procedure shall not receipt of the affidavits and position papers, or the expiration of the period for
apply where one of two or more defendants sued under a common cause of filing the same, the court shall render judgment.
action defense shall appear at the preliminary conference. However, should the court find it necessary to clarify certain material facts,
during the said period, issue an order specifying the matters to be clarified, and
require the parties to submit affidavits or other evidence on the said matters
No postponement of the preliminary conference shall be granted except for
within ten (10) days from receipt of said order. Judgment shall be rendered
highly meritorious grounds and without prejudice to such sanctions as the court
within fifteen (15) days after the receipt of the last affidavit or the expiration of
in the exercise of sound discretion may impose on the movant. (n)
the period for filing the same.
The court shall not resort to the foregoing procedure just to gain time for the
rendition of the judgment. (n)
When is a preliminary conference conducted?
Not later than 30 days after answer is filed. Failure to appear in the preliminary
conference shall be caused for dismissal of the complaint. If defendant appears, and Period for rendition of judgment?
in the absence of plaintiff, judgment will be made on the counterclaim. 30 days after receipt of affidavits and position papers or the expiration of the period
to file position paper. But if the court finds it necessary to clarify certain material
If a sole defendant shall fail to appear, the plaintiff is likewise entitled to judgment facts, it may issue an order specifying the matter to be clarified, require the parties
in accordance to the next preceding section. This procedure shall not apply when to submit affidavits. Judgment shall be rendered within 15 days after the receipt of
one of 2 or more defendants sued under a common cause of action shall appear in the last affidavit, or the expiration of the period for filing the same. Court shall not
the preliminary conference. If there are 5 defendants who have a common cause of resort to the foregoing procedure just to gain time for the rendition of judgment.
action or defense and only one of the 5 appears, the appearance of 1 can benefit
the non appearing defendants.
Section 12. Referral for conciliation. — Cases requiring referral for conciliation,
GR: NO postponement of preliminary conference. where there is no showing of compliance with such requirement, shall be
Exception: highly meritorious ground without prejudice to sanctions like contempt dismissed without prejudice, and may be revived only after that requirement shall
and fine have been complied with. (18a, RSP)
Section 17. Judgment. — If after trial court finds that the allegations of the
Section 14. Affidavits. — The affidavits required to be submitted under this complaint are true, it shall render judgment in favor of the plaintiff for the
Rule shall state only facts of direct personal knowledge of the affiants which are restitution of the premises, the sum justly due as arrears of rent or as
admissible in evidence, and shall show their competence to testify to the reasonable compensation for the use and occupation of the premises,
matters stated therein. attorney's fees and costs. If a counterclaim is established, the court shall
A violation of this requirement may subject the party or the counsel who render judgment for the sum found in arrears from either party and award
submits the same to disciplinary action, and shall be cause to expunge the costs as justice requires. (6a)
inadmissible affidavit or portion thereof from the record. (20, RSP)
If the court finds that the allegations in the complaint are true and then decides in stranger is just but a mere a successor-in-interest, or a guest, or an agent of the
favour of the plaintiff for restitution of the premises, and please take note of this, defendant, the order of execution shall be enforced against him.
the sum justly due as arrears of rents or reasonable compensation for the use and
occupation of the premises plus attorney’s fees and cost. Judgment for ejectment cannot be forced against a co-owner who was not made a
party to the action.
Why am i emphasizing sec. 17?
Kay mao r jud na ma award sa MTC, restitution and sum justly due as arrears of Action for ejectment survives the death of a party
rents or as reasonable compensation for the use or occupation of the premises. If If the plaintiff or defendant dies, the action must proceed because there is
there was no agreed rent, then the court should assess the reasonable substitution of party.
compensation for the use and occupation of the premises. It is the MTC which
should decide relative to reasonable compensation for the use and occupation of the Action that survives may involve money or property.
premises, not the RTC. If the court finds the allegations in the complaint are not
true, it shall render judgment for the defendant to recover his cost. If a Sec. 19. Immediate execution of judgment; how to stay same.
counterclaim is established, the court shall render judgment for the sum found in If judgment is rendered against the defendant, execution shall issue immediately
arrears. Courts are empowered by law to fix the period of lease and this is upon motion, unless an appeal has been perfected and the defendant to stay
addressed to the sound discretion. execution files a sufficient supersedeas bond, approved by the Municipal Trial Court
and executed in favor of the plaintiff to pay the rents, damages, and costs accruing
A counterclaim for ejectment may be set up for a complaint for consignation. Ang down to the time of the judgment appealed from, and unless, during the pendency
mg file ug action for consignation kay ang plaintiff, ng defendant, ang owner of the of the appeal, he deposits with the appellate court the amount of rent due from time
land may file a counterclaim for ejectment. Consignation is an action not capable of to time under the contract, if any, as determined by the judgment of the Municipal
pecuniary estimation and thus therefore be filed in the RTC//angge Trial Court. In the absence of a contract, he shall deposit with the Regional Trial
Court the reasonable value of the use and occupation of the premises for the
preceding month or period at the rate determined by the judgment of the lower
Sec. 18. Judgment conclusive only on possession; not conclusive in actions court on or before the tenth day of each succeeding month or period. The
involving title or ownership supersedeas bond shall be transmitted by the Municipal Trial Court, with the other
The judgment rendered in an action for forcible entry or detainer shall be conclusive papers, to the clerk of the Regional Trial Court to which the action is appealed.
with respect to the possession only and shall in no wise bind the title or affect the
ownership of the land or building. Such judgment shall not bar an action between All amounts so paid to the appellate court shall be deposited with said court or
the same parties respecting title to the land or building. authorized government depositary bank, and shall be held there until the final
disposition of the appeal, unless the court, by agreement of the interested parties,
The judgment or final order shall be appealable to the appropriate Regional Trial or in the absence of reasonable grounds of opposition to a motion to withdraw, or
Court which shall decide the same on the basis of the entire record of the for justifiable reasons, shall decree otherwise. Should the defendant fail to make the
proceedings had in the court of origin and such memoranda and/or briefs as may be payments above prescribed from time to time during the pendency of the appeal,
submitted by the parties or required by the Regional Trial Court. the appellate court, upon motion of the plaintiff, and upon proof of such failure,
shall order the execution of the judgment appealed from with respect to the
restoration of possession, but such execution shall not be a bar to the appeal taking
Appealed to the RTC. It should be by record on appeal. its course until the final disposition thereof on the merits.
Judgment binds and may be executed against sub-lessees who have not been After the case is decided by the Regional Trial Court, any money paid to the court
impleaded because of privity. by the defendant for purposes of the stay of execution shall be disposed of in
accordance with the provisions of the judgment of the Regional Trial Court. In any
All persons occupying property with consent of defendant may be ejected. case wherein it appears that the defendant has been deprived of the lawful
Naa’y lolo, anak, apo. Gikiha ang lolo. Naa nagpuyo ang anak, ang apo. Napildi ang possession of land or building pending the appeal by virtue of the execution of the
lolo. Ingon dayon ―di mi mamahawa kay si lolo ra ang gikiha‖ Unya, file-an na pud judgment of the Municipal Trial Court, damages for such deprivation of possession
ang anak kay nasayop man ang plaintiff. Pagkahuaman, mu ingon na pud ―Uy ang and restoration of possession may be allowed the defendant in the judgment of the
apo diay ni lolo wa ninyo gi-apil.‖---aw, di na pwede. Regional Trial Court disposing of the appeal.
All persons na nag occupy either by tolerance or by consent of the defendant must
be ejected. If there is a decision in the MTC, the general rule is
Execution of judgment
But there is a procedure in case possessor, not party to the action, claims
possession in good faith. The court should hear the occupant and if it finds that the How do you prevent execution?
File a sufficient supersedeas approved by the MTC then executed in favor of the Failure of xxx;it’s the duty of the court to execute judgment; it’s duty to do so is
plaintiff. ministerial and imperative.
What is the purpose? Pero Rules of Court man ni gud. This is a game of General Rule and
To pay the rents, damages and costs incurred that were accruing, down to the time Exceptions
of the judgment appealed from. Wa ka kabayad, sipyat ka; ma execute ka dayon. Unya, Rules of Court man ni, ma-
inat murag lastiko. So unsa ma’y buhaton? Justify ngano wa ka nakapayad within
Another requirement, aside from supersedeas bond the period. Unsa ma’y justification?
Deposit with the appellate court the amount of rent due from time-to-time under Fraud
contract. In the absence of a contract, deposit with the RTC the reasonable value for Accident
the use and occupation of the premises determined by the MTC, not RTC. Mistake
Excusable Negligence
Supersedeas bond shall be transmitted from the MTC to the RTC.
Ihatod na ta ang bayad—naligsan sa pison; ma-ong wala kabayad. So din a i-
All amounts transmitted to the RTC shall be deposited to authorized government excecute kay naa na may rason.
depository bank.
Mistake—mistake is mistake of fact, not of law.
Should defendant fail to make the payments from time-to-time during the
pendency of the appeal Accident, sickness.
The appellate court upon motion of the plaintiff and upon proof of such failure shall
order the execution of such judgment appealed from. Execution pending appeal for failure to make timely deposits is only for the
restoration of possession, but not payment for back rents which is guaranteed by
Mu sipyat gani’g bayad ngari sa RTC; payment was not on time—the judgment will the supersedeas bond.
be executed.
Defendant may apply for Petition for Relief under Rule 38—Fraud, accident,
Can the court motu proprio execute the judgment without motion? mistake, excusable negligence. Ang fraud kay extrinsic fraud.
NO. Because the rule says upon motion of the plaintiff and proof of such failure shall
order the execution of the judgment appealed from with respect to the restoration When supersedeas bond is required; not required
of possession. But such execution shall not be a bar to the appeal taking its course. No supersedeas bond is required when back rents are not adjudged. Supersedeas
bond covers rents or damages accruing up to the date of the perfection of appeal.
After the case is decided by the RTC Payment or deposit of damages in arrears will be made in lieu of filing supersedeas
Any amount paid to the court by the defendant for purposes of staying the bond.
execution shall be disposed of in accordance with the judgment of the RTC.
Damages recoverable are only those incident to possession Attorney’s fees
When it appears that defendant has been deprived of the lawful possession of land are not considered as damages.
or building, the appeal by virtue of the execution of the judgment of the MTC,
damages for the deprivation of possession and restoration of possession may be MTC (not RTC) has original jurisdiction to fix amount of rents
allowed the defendant in the judgment of the Regional Trial Court disposing of the If no rent or damages is fixed in the judgment of the MTC, no payment or deposit
appeal. may be required during the pendency of the appeal and the RTC cannot fix the
same. Ang maka fix ra gyud, MTC because MTC has original jurisdiction to fix the
Provision on posting of bond and periodic deposit is mandatory amount of rents. It is mandatory for the RTC to order execution of the appealed
The court has no jurisdiction to extend the time for payment. RTC has no judement upon failure of defendant to make monthly deposits of guaranteed
jurisdiction to extend the time of payment. rentals. But there must be a motion.
When shall the rental be paid? Plaintiff may withdraw deposits made in court if defendant agrees or does
Deposit of the rental corresponding to the previous month within the 1 st 10 days of not object
the succeeding month. Mandatory. Musipyat ka ani within the 1 st 10 days of the
succeeding month then judgment will be executed without prejudice to the 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
The law has prescribed appeal and these requirements should be complied with to the Regional Trial Court, the latter may issue a writ of preliminary mandatory
strictly. injunction to restore the plaintiff in possession if the court is satisfied that the
defendant's appeal is frivolous or dilatory or that the appeal of the plaintiff is prima
facie meritorious. (9a) witness, or to subscribe an affidavit or deposition when lawfully required to do so,
may be summarily adjudged in contempt by such court.
Plaintiff may file an application for preliminary mandatory injunction within 10 days
from the perfection of the appeal to the RTC. RTC may issue a writ of preliminary Penalty
mandatory injunction. Fine not exceeding two hundred pesos or imprisonment not exceeding one (1) day,
or both, if it be a lower court (MTC).
What is the purpose?
To restore the plaintiff in possession if the court is satisfied but the defendant’s Phrase: summarily adjudged in contempt of such court. Question—May
appeal is possession if the court is satisfied that the defendant's appeal is frivolous respondent be arrested immediately if the court finds that he is guilty of
or dilatory or that the appeal of the plaintiff is prima facie meritorious. direct contempt?
Nanghagad ug sumbagay sa korte, nanghagis. Direcho dayon ug order ang judge:
From MTC to RTC. RTC for example decided in favor of the plaintiff. Pildi si direct contempt. Summary—sturya-sturya lang; no trial; no presentation of
defendant. Binsan pila pa na na supersedeas bond imo gi-post. Basta duna na gani evidence. Mapriso ba dayon? The answer is a resounding NO.
decision sa RTC—immediate execution. That is Section 21.
Purpose and nature of power
Inherent in all courts; essential to the preservation of order in all judicial
Section 21. Immediate execution on appeal to Court of Appeals or proceedings and enforcement of judgments, orders and mandates.
Supreme Court I said that there is no immediate arrest. Reason? Section 2 of Rule 71.
The judgment of the Regional Trial Court against the defendant shall be immediately
executory, without prejudice to a further appeal that may be taken therefrom. (10a)
Section 2. Remedy therefrom
From MTC to RTC, kung mubayad ka’g bond plus the deposit, ok ra. Kung mu- The person adjudged in direct contempt by any court may not appeal therefrom, but
decide na gani ang RTC, dili na pwede. The judgment of the RTC against the may avail himself of the remedies of certiorari or prohibition. The execution of the
defendant shall be immediately executory without prejudice to a further appeal that judgment shall be suspended pending resolution of such petition, provided such
may be taken therefrom. person files a bond fixed by the court which rendered the judgment and conditioned
that he will abide by and perform the judgment should the petition be decided
Prior notice of judgment is required for immediate execution. against him. (2a)
As to nature But nothing in this section shall be so construed as to prevent the court from issuing
Civil contempt Criminal contempt process to bring the respondent into court, or from holding him in custody pending
Civil case for the benefit of the opposing Directed against the authority or dignity such proceedings. (3a)
party. Good faith or absence of intent to against the court or judge. Intent is a
violate the court’s order is not a defense necessary evidence if the proceedings Indirect contempt
in civil contempt. are criminal in nature. After a charge in writing has been filed, and an opportunity given to the respondent
to comment thereon within such period as may be fixed by the court and to be
heard by himself or counsel, a person guilty of any of the following acts may be
Use of disrespectful language against a judge in a hearing presented in punished for indirect contempt:
another court is indirect contempt
Panganglitan, imong gi-file sa Branch 58. ―Gago ang judge sa Branch 57‖ Direct (a) Misbehavior of an officer of a court in the performance of his official duties or
contempt? NO. Kay didto man sa Branch 58. But if you file it sa Branch 57—―Gago in his official transactions.
man ka judge‖. That is direct contempt. The receiver is an officer of the court. The court issued an order for the
receiver to comply. He failed to comply. There is no justification for non-
Do not take literally the words “in the presence of” compliance. Indirect contempt. Under the Rules of Court, the sheriff should
Mu-file kag pleading, that is in the presence of the court. That is the meaning. Ayaw levy the property of the judgment debtor. Or after writ of execution is issued,
i-literal. Filing a petition, filing a motion, manifestation, etc. is considered personal he should attach the property of the defeated party. He failed and refused.
appearance before the court or judge. That is indirect contempt because the sheriff is an office of the court.
Litigants request that the judge disqualify himself is not direct contempt. (b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a
I already discussed the remedy. court, including the act of a person who, after being dispossessed or ejected
from any real property by the judgment or process of any court of competent
Section 3. Indirect contempt to be punished after charge and hearing jurisdiction, enters or attempts or induces another to enter into or upon such
After a charge in writing has been filed, and an opportunity given to the respondent real property, for the purpose of executing acts of ownership or possession, or
to comment thereon within such period as may be fixed by the court and to be in any manner disturbs the possession given to the person adjudged to be
heard by himself or counsel, a person guilty of any of the following acts may be entitled thereto
punished for indirect contempt;
Resisting for example a TRO or injuction. Refusal to appear despite notice.
(a) Misbehavior of an officer of a court in the performance of his official duties Refusal to attend a hearing or a deposition. That is indirect contempt.
or in his official transactions;
Pananglitan there is a writ of execution. And then followed by a writ of
(b) Disobedience of or resistance to a lawful writ, process, order, or judgment possession. What is a writ of possession? It is a writ commanding the sheriff to
of a court, including the act of a person who, after being dispossessed or ejected place the prevailing party in possession of the property and to oust the
from any real property by the judgment or process of any court of competent occumpant. So armed with the writ of possession, ni-adto siya sa property.
jurisdiction, enters or attempts or induces another to enter into or upon such real Naa ang defendant. ―Vacate your premises.‖ Wa gyud mu-vacate. Is that
property, for the purpose of executing acts of ownership or possession, or in any indirect contempt of court? NO, it is not indirect contempt. Why? Because the
manner disturbs the possession given to the person adjudged to be entitled thereto; mandate of the writ of possession is this: Mr. Sheriff, you oust the defendant.
The sheriff was commanded. So, dili ma contempt ang kadtong ni refuse.
(c) Any abuse of or any unlawful interference with the processes or
proceedings of a court not constituting direct contempt under section 1 of this Rule; But if naa writ of possession and they were ousted from the premises. Mu-
return gani sila after having been ousted, that is already indirect contempt of
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, court. It is the return after the ouster which constitutes indirect contempt of
or degrade the administration of justice; court.
Sec. 3. Indirect contempt to be punished after charge and hearing. There is a writ of execution commanding the sheriff to place or to oust the
After a charge in writing has been filed, and an opportunity given to the respondent defendant-occupant. He is already out, then it may be followed by a writ of
to comment thereon within such period as may be fixed by the court and to be possession, placing the prevailing party in possession of the property and ousting
heard by himself or counsel, a person guilty of any of the following acts may be the defendant. Sometimes it is followed by a writ of demolition. The defendant is
punished for indirect contempt: already out of the premises but his house or structure is still there – so writ of
(a) Misbehavior of an officer of a court in the performance of his official duties or in demolition.
his official transactions;
(b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a If the sheriff serves a writ of execution and demanded vacation of the premises, the
court, including the act of a person who, after being dispossessed or ejected from occupant(s) fail(s) or refuses to vacate the premises. Is the defendant liable for
any real property by the judgment or process of any court of competent jurisdiction, contempt? The answer is no because the writ says ―Mr. sheriff oust the defendants
enters or attempts or induces another to enter into or upon such real property, for and place the plaintiff in peaceful position‖
the purpose of executing acts of ownership or possession, or in any manner disturbs
the possession given to the person adjudged to be entitled thereto; There is a command in the writ for a sheriff to perform and act but if the
(c) Any abuse of or any unlawful interference with the processes or proceedings of a defendants or occupants are already ousted and they returned to the premises to
court not constituting direct contempt under section 1 of this Rule; exercise acts of ownership or possession then they may be held liable for contempt
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or of court. So it is the act of returning which makes it contemptuous.
degrade the administration of justice;
Also disturbing position given to the person adjudged to be entitled thereto. The without the kilometrage(?) and transportation fees - that is only true in
defendants may return one or two years later after the ousting. It is still indirect civil cases but not in criminal cases. Bisan tua pa ka sa Santander, in
contempt of court. Mere entry should not be considered contempt. The entry must criminal cases, you have to obey.
be coupled with acts of ownership or possession.
(g) The rescue, or attempted rescue, of a person or property in the custody of an
(c) Any abuse of or any unlawful interference with the processes or proceedings of a officer by virtue of an order or process of a court held by him
court not constituting direct contempt under section 1 of this Rule The court issue a writ of habeas corpus commanding the officer to bring
Like preventing the policeman from implementing the search warrant or the subject to court and then the neighbors of that person obstructed or
warrant of arrest. Aside from indirect contempt, you know this in criminal prevented the police officer from bringing him to court that is indirect
law, the person who obstructed the policeman from implementing the writ contempt. Kung nay writ of attachment and then the property of the
rather the warrant of arrest or search warrant will be held liable criminally defendant is attached levied and the debtor relatives or neighbors prevent
for violation of PD1829, popularly known as Obstruction of Justice. the levy of the property of the debtor, that is indirect contempt of court.
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or Last paragraph But nothing in this section shall be so construed as to prevent the
degrade the administration of justice court from issuing process to bring the respondent into court, or from holding him in
It’s not necessary that actual obstruction is committed because the rule custody pending such proceeding. Nay parallel case ani but dili court, kundi
says ―conduct tending‖, so only tendency. congress you’re very familiar in this case kay ngilngig man mo sa political law
(e) Assuming to be an attorney or an officer of a court, and acting as such without Arnold vs. Nazareno. Kato si Arnold kabalo siya sa mga anomaly sa
authority Tambobong Estate, so dunay Congressional investigation. He refused to
May a lawyer be held liable for indirect contempt under section 3 letter E? answer and cooperate so he stays in jail and will be released only if you
o Yes, with more reason if a person who is not a lawyer appears in court cooperate. But this is not a judicial proceeding. Ari ta sa Court.
and misleads a court that he is a member of the bar. It happened in In Probate of Wills. If you are in possession of the will of the decedent, and
Cebu before. A certain Mr. Puagin who worked with the former you are directed to present the will in court then you have to present it in
Governor Tingting Dela Cerna unya wa na man nagovernor si Tingting court. If you fail or refuse to deliver it in court then you may be imprisoned
nag law office sila daghan sila sa law office so giabsorb nila si Mr. and be freed only if you deliver the will in court.
Puagin. Sigeg koyug hasta mga kaso koyug siya sigeg paminaw unya
pwedi man lage mo-appear sa MTC bisag di abogado, sige siyag Refusal to vacate does not constitute contempt. It is the re-entry which may
appear didto unya contra niya mga abogado, sus nidako ang ulo constitute indirect contempt of court. You know the rule on publication of court
niappear na diri sa RTC naa sad siya didtoy PTR # nga nakacomply decision, proceedings, etc.
siya sa requirement sa MCLE. Niappear siya ka Judge Herastorsa(?) sa
gipangutana siya sa usa ka lawyer kung abogado ba siya, ug nituubag Sec. 4. How proceedings commenced.
nga ―oo, classmate gain mi ni Winston Garcia‖ char. So nahibaw-an Proceedings for indirect contempt may be initiated motu proprio by the court
mana, naay nisumbong didto sa IBP, the president then was Justice against which the contempt was committed by an order or any other formal charge
Ingles, so gifilan nilag kaso di man sad ma-disbar kay waman maka- requiring the respondent to show cause why he should not be punished for
bar so the act of Mr. Puagin may also constitute indirect contempt of contempt.
court aside from the his usurpation of authority. In all other cases, charges for indirect contempt shall be commenced by a verified
How about a lawyer? petition with supporting particulars and certified true copies of documents or papers
o Lesson na ni kung mga lawyer na gani mo siguradoha jud nga involved therein, and upon full compliance with the requirements for filing initiatory
mopirma siya ug lawyer-client relationship. Kuhaon ka nga lawyer, asa pleadings for civil actions in the court concerned. If the contempt charges arose out
mani dapit, unsang orasa..unya kato diay tawhana nakakuha ug lain of or are related to a principal action pending in the court, the petition for contempt
lawyer nga maoy niappear nakapirma siya atong lawyer nga niappear . shall allege that fact but said petition shall be docketed, heard and decided
Na-late siya gamay ingun siya ―appearing for the plaintiff your honor‖ separately, unless the court in its discretion orders the consolidation of the
unya naa namay counsel sa plaintiff. Pwede na ma-indirect contempt contempt charge and the principal action for joint hearing and decision.
under letter E ―assuming to be an attorney or officer of a court and
acting as such without an authorit‖, so there must be an authority How to proceed or commence indirect contempt of court? 2 ways:
coming from the litigant. 1. The court may either issue motu proprio to show cause why a person
should not be held in contempt of court. Naa pending case, nay usa ka
(f) Failure to obey a subpoena duly served columnist iya gidiscuss and merits of the case and he criticized the fiscal
Subpoena is a process commanding a person to appear and testify either in and judge. He disclosed the facts. The judge may issue a show cause
court or in their position taking. But the rule says duly served, if you are order. In 15 days, you show cause why you should not be held in contempt
living 100 km distant from the place of trial, you cannot be forced to testify of court then the court will state the reasons.
2. Formal charge requiring the respondent to show cause why he should not If committed against a Regional Trial Court or a court of equivalent or
be punished for contempt. This time a party may file a motion to hold the higher rank, or against an officer appointed by it, the charge may be filed
plaintiff or defendant for indirect contempt of court or motion to show with such court
cause. Under Number 2, this is no longer motu proprio but upon motion or Where such contempt has been committed against a MTC, the charge may
petition. be filed with the RTC of the place in which the lower court is sitting; but
the proceedings may also be instituted in such MTC subject to appeal to
In all other cases, charges for indirect contempt shall be commenced by a verified the RTC of such place in the same manner as provided in section 11 [Wa
petition with supporting particulars and certified true copies of documents or papers ko kahibalo nganung Sec 11 iyang gi-ingon, feel nako Section 2 iyang gi-
involved therein, and upon full compliance with the requirements for filing initiatory mean]
pleadings for civil actions in the court concerned. If it is an order or process issued by RTC defied by plaintiff or defendant.
This time, you file a petition to hold somebody in indirect contempt of The indirect contempt case must be filed with the RTC. There were cases
court. It is a special civil action. Even if it arises from a main case, the before, already settled, naa sa Agrarian Reform Law nga ang DAR i-defy
petition for indirect contempt is considered a separate case. Since it is a nimo ang order sa DAR, contempt of court na kay pareha raman na rank
separate case, an original special civil action for contempt, you have to pay ang DAR ug RTC. Ang manager sa Land Bank nidefy, ilang gihearing. The
docket and other lawful fees. Since it is an initiatory pleading, you have to DAR hears the LB manager in contempt case. SC said, contempt lagi kun
attach certification against forum shopping. idefy nimo but you have no power to hear the petition for contempt. It
must be heard by the RTC, ayaw tawn sa DAR because it is a special civil
If the contempt charges arose out of or are related to a principal action pending in action and the DARAB is a quasi judicial agency with limited jurisdiction
the court, the petition for contempt shall allege that fact but said petition shall be Sec. 6. Hearing; release on bail.
docketed, heard and decided separately, unless the court in its discretion orders the If the hearing is not ordered to be had forthwith, the respondent may be released
consolidation of the contempt charge and the principal action for joint hearing and from custody upon filing a bond, in an amount fixed by the court, for his appearance
decision. at the hearing of the charge. On the day set therefor, the court shall proceed to
This section is subject of debate between judges. Judge Paredes and investigate the charge and consider such comment, testimony or defense as the
Justice Ingles are of the opinion that since it is a separate action, it should respondent may make or offer.
be heard separately. If it is raffled to, say Branch 58 and main case is in If the hearing is not ordered to be had forthwith, the respondent may be
Branch 57, the Branch 58 should try the indirect contempt case and the released from custody upon filing a bond. So post a bond. It may be cash
main case should be tried Branch 57. But there was a comprise (?) I’ll give bond, surety bond or property bond. Bond is for the provisional liberty of
you an illustration. the respondent. On the day set therefor, the court shall proceed to
o The case is for recovery of possession of ownership of real property. investigate the charge and consider such comment, testimony or defense
There is a prayer for the issuance of preliminary injunction. In fact a as the respondent may make or offer.
writ of injunction was issued against the defendant. That’s the main The court has no jurisdiction to punish indirect contempt if there is no
case. But the defendant defied the writ of injunction. So the plaintiff charge and hearing. Court (sic) be motu proprio proceedings for indirect
will file a special civil action - Petition for Indirect Contempt but its contempt
an incident which arose from the main case. So the better procedure Is formal information prepared and filed by the office of the procsetuopr
is, if that petition if filed, it should be assigned to the court trying necessary? No.
the main case. The better procedure is to consolidate the main case
and the petition for contempt. Why better? Because there might be Sec. 7. Punishment for indirect contempt.
conflicting findings. The plaintiff may win in the main case and the If the respondent is adjudged guilty of indirect contempt committed against a
defendant may win in the contempt case. Besides, split jurisdiction Regional Trial Court or a court of equivalent or higher rank, he may be punished by
is not favored. So remember the 2 modes of commencing indirect a fine not exceeding thirty thousand pesos or imprisonment not exceeding six (6)
contempt. months, or both. If he is adjudged guilty of contempt committed against a lower
Sec. 5. Where charge to be filed. court, he may be punished by a fine not exceeding five thousand pesos or
Where the charge for indirect contempt has been committed against a Regional Trial imprisonment not exceeding one (1) month, or both. If the contempt consists in the
Court or a court of equivalent or higher rank, or against an officer appointed by it, violation of a writ of injunction, temporary restraining order or status quo order, he
the charge may be filed with such court. Where such contempt has been committed may also be ordered to make complete restitution to the party injured by such
against a lower court, the charge may be filed with the Regional Trial Court of the violation of the property involved or such amount as may be alleged and proved.
place in which the lower court is sitting; but the proceedings may also be instituted The writ of execution, as in ordinary civil actions, shall issue for the enforcement of
in such lower court subject to appeal to the Regional Trial Court of such place in the a judgment imposing a fine unless the court otherwise provides.
same manner as provided in section 2 of this Rule. This is indirect contempt. RTC or MTC or a court of equivalent or higher
Where charge is to be filed? Which court? rank, may punish a person held liable for indirect contempt by a fine not
exceeding 30Tor imprisonment not exceeding six (6) months or fine of 30T
and imprisonment.
If the person held guilty of contempt committed against MTC, the penalty Sec. 11. Review of judgment or final order; bond for stay.
is 5T or imprisonment not exceeding one month or imprisonment and fine. The judgment or final order of a court in a case of indirect contempt may be
If the contempt consists in the violation of a writ of injunction, temporary appealed to the proper court as in criminal cases. But execution of the judgment or
restraining order or status quo order, he may also be ordered to make final order shall not be suspended until a bond is filed by the person adjudged in
complete restitution to the party injured by such violation//sarah 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 and perform
the judgment or final order.
Sec. 8. Imprisonment until order obeyed.
When the contempt consists in the refusal or omission to do an act which is yet in Judgment or final order of a court of indirect contempt may be appealed to
the power of the respondent to perform, he may be imprisoned by order of the the proper court, so kung RTC and ni decide, CA, kung MTC ang ni decide,
court concerned until he performs it. RTC. But the execution of the judgment or final order shall not be
suspended until a bond is filed by the person adjudged in contempt, how
When the contempt consists in the refusal or omission to do an act which
much? What is the amount? Amount fixed by the court. What is the
is yet in the power of the respondent to perform, he may be imprisoned by
condition of the bond posted by the contempnor? The rule says condition
order of the court concerned until he performs it. Example, a person in
that if the appeal be decided against him he will abide by and perform the
possession of a will.
judgment or final order.
Sec. 9. Proceeding when party released on bail fails to answer.
Sec.12. Contempt against quasi-judicial entities.
When a respondent released on bail fails to appear on the day fixed for the hearing,
the court may issue another order of arrest or may order the bond for his
Unless otherwise provided by law, this Rule shall apply to contempt committed
appearance to be forfeited and confiscated, or both; and, if the bond be proceeded
against persons, entities, bodies or agencies exercising quasi-judicial functions, or
against, the measure of damages shall be the extent of the loss or injury sustained
shall have suppletory effect to such rules as they may have adopted pursuant to
by the aggrieved party by reason of the misconduct for which the contempt charge
authority granted to them by law to punish for contempt. The Regional Trial Court of
was prosecuted, with the costs of the proceedings, and such recovery shall be for
the place wherein the contempt has been committed shall have jurisdiction over
the benefit of the party injured. If there is no aggrieved party, the bond shall be
such charges as may be filed therefor.
liable and disposed of as in criminal cases.
Question, kung direct contempt, prisohon by deretso? No, because he may It’s about certiorari, the rule that the petition for certiorari does not
file a petition for certiorari under Rule 45 within 60 days and he may post interrupt the course of the principal case, unless a TRO or writ of
bond for his provisional liberty. preliminary injunction has been issued against a public respondent form
further proceeding, then the case must be strictly adhered to by the devoted to the specific public purpose for which it was taken. Corollarily, if
appellate and lower courts. this particular purpose or intent is not initiated or not at all pursued, or
abandoned, then the former owner, if he so desire may seek reversion of
Ω Antazo vs. Dublada 611 SCRA 586 the property subject to the return of the amount of just compensation
received.
Even usurpers of land owned by another are entitled to remain on it until
they are lawfully ejected there from, so do not take the law into your own Mao nay nahitabo sa IT Park gikan diha sa Waterfront padung didto atbang
hands, kinahanglan you seek the assistance of the court for the ouster of sa UC, dunay ni-negotiate, dunay gi-expropriate. So nibalhin man ang
the usurper. CAB, ang Civil Aeronautics Board ni-adto man sila sa Mactan, unya ang
purpose nganong gi-expropriate ni ingon man didto, for the expansion of
Ω Malleare vs. GSIS 611 SCRA 32 January 25, 2010 the Lahug airport, na close man ang Lahug Airport, gibalhin man sa
Mactan, so unsa pa man? So they should be returned to the owners. So
Period to file petition for certiorari. Can you extend the 60 day period to daghang namilyonaryo dinha, apil na so Atty. Pascual
file a petition for certiorari? SC said no, the 60-day period is considered
INEXTENDIBLE. Ang CAB, Civil Aeronautics Board gipulihan sa MCIAA.
As defaulting mortgagor, petitioner is not entitled to any prior notice of the
application for the issuance of a writ of possession. Proceedings upon Ω Cua Lay Chu vs. Laqui 612 SCRA 227
application for a writ of possession if ex-parte and summary in nature.
Then we have just discussed two alternative ways by which a person may JOKE time!
be charged with indirect contempt. The Bugol Bum
Ω Tecklo vs. Rural Bank of Pamplona (discussed already daw) The filing of complaint for reversion does not preclude the institution of an action for
expropriation even if the land is reverted back to the state, the same may still be
This is a consolidated petition. subject to expropriation against the occupants thereof. Niabang kag titled land,
unya illegal ang pagka title kay public land diay to, public domain, ang OSG will
Ω Republic vs. Mangotara 624 SCRA 360 July 7, 2010 commence a complaint or petition for reversion of the property so na revert to the
government kay illegal pagka title pero naa ka dnha, nagabang ka are you entitled
Kining expropriation, ayaw mo pagtuo nga ang bayran sa just
to JC? Yes, despite the fact that there is or there was a petition for reversion which
compensation ang owner lang sa property. Even if you are not the owner, succeeded. Even assuming arguendo that the proscription against making
you may be given just compensation. declaration of heirship in ordinary civil actions also extend to actions of quieting of
Defendants in an expropriation case are not limited to the owners of the title the same is not absolute. The court cited several decisions in the past.
property to be expropriated, and just compensation is not due to the
property owner alone, they include all other persons owning, occupying or Pursuant to Art. 477 CC, the plaintiff must have legal or equitable title to or interest
claiming to own the property. in the real property of the action for quieting of title. The plaintiff need not even be
in possession of the property. The regalian doctrine, diba naa man na sa
constitution and lands of the public domain: waters, minerals, petroleum, all
Dili ikaw ang tag-iya pero you are occupying the property, the property
sources of potential energy, etc. belongs to the state, mao na regalian doctrine. So
will be expropriated, does it necessarily mean or follow that you will not be reversion is an action where the ultimate relief sought is to revert the land back to
awarded just compensation? No. you may have erected already a the government under the regalian doctrine.
residential house or a sari-sari store, or any structure. So you may be
given an amount equivalent to the just compensation of the property Reversion was defined as an action which seeks to restore public land fraudulent
owned. //jiji awarded or disposed of to private individuals or corporations. If original certificate of
title were already issued to a private person’s name, it does not bar the republic
from instituting an action for reversion.
The defendants in an expropriation case are not limited to the owners of the
property to be expropriated and JC is not due to the property owner alone. They
Reyes vs Ortiz, 628 SCRA 2.
include all other persons owning, occupying, or claiming to own the property.
The subject matter to be tested in a petition for declaratory relief are exclusive. The
Di ikaw ang tagiya pero you are occupying the property, the property will
subject matter must refer to a deed, will, contract or other written instrument or
be expropriated, does it necessarily follow that you will not be awarded
statute, ordinance to warrant declaratory relief and any other matter not mentioned
just compensation? No. You may have erected already a residential house or a
therein is excluded.
sari sari store or any structure so you maybe given n amount equivalent to the just
compensation of the property you own.
Cebu Automated Motors vs GMC 629 SCRA 9 Aug. 25, 2010.
In American jurisdiction the term owner when employed in statutes relating to
In a contract of lease, the twin of remedies of rescission and judicial ejectment
eminent domain to designate the persons who are to be made parties to the
become available after either the failure to pay rent or to comply with the conditions
proceeding refer as a rule in respect of those entitled to compensation to all those
of the lease.
who have lawful interest in the property to be condemned including mortgagee and
When a mortgagor sells the mortgaged property to a 3rd person, the creditor may
lessee or vendee in possession under an executor contract. (naglibog kos sentence
demand from such 3rd person the payment of the principal obligation. The mortgage
ni sir! But refer to example below kay mao pasabot nya)
credit is a real right which follows the property wherever it goes even if its
ownership changes. Mura dia au ni procedure ari ni sa credit transaction. The well
Nangabang kas yuta unya kwaon sa gobyerno ang yuta, as lessee, you may be
settled rule is that a mortgage lien is inseparable from the property mortgaged.
awarded just compensation. Ang atoh gud common understanding ang tagiya r jud
Metrobank vs Nico Sources International 604 SCRA 336.
bayran, so bisag di ka tagiya. In fact, in Sec. 1, rule 67, expropriation proceedings
This is about publication of notice of sale of a mortgaged property. Under Act No.
maybe instituted even when title to the property sought to be expropriated appears
3135, as amended, republication as well as reposting of notice of sale is required if
to be in the RP although occupied by private individuals.
the foreclosure does not proceed on that date originally intended. So republish jud.
Jan-Dec 2009 cases possession does not mean that a man has to have his feet on every square of the
ground before he is deemed in possession.//angge
Upe jr. Vs Co ?? (i search lang ni nako sa LIB, di jd maklaro) 606 SCRA 211.
Visiting during weekends
Sec. 2 Rule 42 does not require that all the pleadings and documents filed before Visiting of property on weekends on holidays is evidence of actual possession
the lower court must be attached as annexes to the petition. Aside from clearly
legible duplicate originals or true copies of the judgments or final orders of both Force, intimidation, strategy and stealth
lower courts, it merely requires that if a petition be accompanied by copies of Kinig force, ayaw i-take literally. Basta musulod na gani ka na walay pananghid,
pleadings and other material portions of the records as would support the bisa’g wa pa naguba ang koral, that is considered force.
allegations of the petition.
SC said: Taking need not be done by force, intimidation, strategy or stealth.
Batas vs Santos. 606 SCRA 101. Nov 2009. Presence of unidentified men, stopping one from entering property constitutes force.
The court laid down 3 requisites in petitions for habeas corpus involving minors: Magbasalang ta’g Rules of Court—kung codals lang and wala’y interpretation sa
1. The petitioner has the right of custody over the minor. Supreme Court—ah, magtuo gyud ta nga basta pwersa, naa gyud na’y injury. No.
2. The respondent is withholding the rightful custody over the minor.
3. The best interest of the minor demands that he or she be in custody of the Indirect contempt of court
petitioner.
Bildner vs Ilusorio et al
G.R. No. 157384
Rizal Commercial Banking vs Royal Cargo Corp. 602 SCRA 545. Ang sinugdanan ani, ni file ug habeas corpus ang asawa—ang iya kunong bana tu-a
puyo sa iyang anak laki and di siya maka-access sa iyang bana. So ni file siya ug
The right or equity of redemption is an incorporeal and intangible right. The value of habeas corpus para ang bana mupuyo ug mupatong (shikes)niya. Dili na pwede
which can neither be quantified nor equated with the actual value of the properties because that is a purely personal obligation.
upon which it maybe exercised.
CGR Corporation et al vs Ernesto Reyes
Fernandez vs Amagna 601 SCRA 330. GR No. 170916
This is an important case on ejectment. Naay nag-abang sa iyang yuta, then
The subsequent acceptance by the lessor of rental payments does not absent any papahawaon niya so he instituted an action for ejectment. Unya ang kadtong
circumstance that meditate a contrary conclusion legitimize the unlawful character katabang gi harvest niya ang mga isda; gi putol pa gyud ang mga kahoy. So ni file
of the possession, hence the lessor acted well within her right to file a complaint for siya ug 2 cases—one for ejectment and another for damages. Hasta mga santos gi
unlawful detainer. So bisag nidawat pa ang lessor, he can still file an action for putlan ug ulo—kay naa man siya mga images didto. Ni-ingon ang defendant: You
special civil action of unlawful detainer. are forum shopping.
There’s this one case. Who can file petition for certiorari? Person aggrieved. The
requirement of personality or interest is sanctioned no less than Sec. 7, Art. 9 of the SC said NO. But kaning unlawful detainer, the main issue is possession. Kadtong gi
Constitution, which provides that a decision order or ruling of a constitutional hakot nimong isda, gipamutol nimong kahoy ug ulo sa mga santos—that is another
commission maybe brought to this court by certiorari by the aggrieved party within case.
30 days from receipt of a copy.
The only form of damages that may be recovered in an action for forcible entry is
Republic vs DPWH 596 SCRA 57 Aug. 14, 2009. the fair rental value for the use or occupation of the premises of the subject
property. Other damages must be claimed in an ordinary action.
Eminent domain is the authority and right of the state as sovereign to take property
for public use upon observance of due process of law and payment of just Claims for damages which are based on the forcible taking or forcible take-over of
compensation. The procedure for determining JC is set forth in Rule 67. Rule 67 the property may be filed before the MTC; may not be filed separately and
presupposes a prior filing of complaint for eminent domain in the appropriate court independently from the claim for the restoration of possession.
by the expropriator.
In one case the court ruled: No claim for damages arising out of forcible entry or
Bunyi et al vs Factor GR 172547 June 30, 2009. unlawful detainer may be filed separately and independently of the claim for
restoration or possession.
Kung ikaw landowner nya moingan ka, ―I am in possession of the property‖. Kung
moingon ka ana, klngn bah tanan tiil nmo naa ana? Panlitan 1 hectare, maingon So petitioner’s claim for damages in this case had no direct relation to the loss of
bah na you are not in possession kay naa ra ka sa tumoy. Dil. SC said the possession of the premises.
Kaning sunod di sad ni siya Special Civil Action.
The principles of litis pendencia and res judicata do not apply. Kay unsa ma’y gi
himo sa defendant? Harvesting and carting away several trucks of milkfish and Diri sa lower court, RTC—General Rule kay before filing a motion for certiorari, you
other marine products in their fishponds, ransacking xxx built by CGR Corporation must file a motion for reconsideration. That rule does not apply to the CA.
and stealing religious icons and even decapitating the heads of some of them. Wala
na’y labot sa forcible entry. That is another case. Di man na possession. Collado vs Heirs of Triunfante
G.R. No. 162874
Res judicata may not apply because the court in a forcible entry case has no This is important. If there is already a final judgment—meaning final and
jurisdiction over claims for damages other than the use or occupation of the executory—what follows? Execution. If damages are incurred in the course of the
premises and attorney’s fees. Naa’y forum shopping? NO. execution of judgment and you want to file a separate action for damages as a
consequence of the writ of execution. Asa man na siya? Sa la-in na court? Or the
Neither may forum-shopping justify a dismissal of the complaint for damages, the same court which implemented the writ of execution? Answer—must be in the same
elements of litis pendentia not being present, or where a final judgment in the court. This is a forcible entry case.
forcible entry case will not amount to res judicata in the former.
Independent action for damages based on the implementation of the writ of
Just a reminder on certiorari: execution: not sustainable. MTC retains jurisdiction over matters arising from
execution of judgment.
First Corporation vs Former 6th Division of the CA, Branch 218 of the RTC of
Quezon City There is no question that the court which rendered the judgment has a general
G.R. No. 171989 supervisory control over its process of execution, and this power carries with it the
Kining petition for certiorari should not touch on the merits of the main case. Basic right to determine every question of fact and law which may be involved in the
kaayo na siya. A review of facts and elements is not the province of the extra execution.
ordinary remedy of certiorari.
Cendana Vs Avila
In certiorari proceedings, judicial review shall not go as far as to examine and Vol 543 SCRA, page 294
assess the evidence of the parties and weigh the probative value thereof. It does Researched: G.R. No. 168350
not include an inquiry as to the correctness of the evaluation of evidence. If you file a petition for certiorari, be sure than the address of the respondent is
stated in the petition. Addresses of petitioners and respondents.
Example: Ni file ang plaintiff for sum of money—that is the main case. The court
must decide the merits of the complaint. Ni issue ang judge ug writ of attachement. The petition shall contain the full names and actual addresses of all the petitioners
Ni ingon and defendant: illegal kay there is no ground for attachment. So petition and respondents. This rule is mandatory.
for certiorari, ari ka sa higher court. Hisgutan ba na nangutang or wala? No,
because that is the merit of the case. Ang hisguan lang WON the judge committed Suppose there is a prayer for issuance of a writ of injunction which requires posting
grave abuse of discretion amounting to lack or excess of jurisdiction. Ang issue the bond. Unya wala mu pose ug bond. Will the main case be dismissed? Of course
tama ba ang writ of attachment. Wala gi ingon nga utangan ba or di kay that is the NO. Kay wa man mu post ug bond, no preliminary investigation but the main case is
merit of the case. not dismissed.
Forcible entry and unlawful detainer. Similarities and dissimilarities Almeda vs Bathala Marketing Industries
Di na lang ni nato hisgutan kay kahibaw na mo ani. Vol 542 SCRA, page 470
Reseached: G.R. No. 150806
Lintab vs NAPOCOR
G.R. No. 158619 July 27, 2004 A petition for declaratory relief may not be dismissed despite the filing of an action
This is stages of expropriation na makita nato sa basic textbook so never mind. for rescission.
[besides, we looked it up and can’t find it on lawphil and anywhere else…he may
have read it the wrong GR# ] Arbeso vs Marcelo
(no citation, not clear re: petitioner’s name)
Go Ke Chong, Jr vs Mariono Chan Similar case. In ejectment cases, the word possession means nothing more than
G.R. No. 153791 actual, physical possession—not legal possession.
The Court has already settled that even when the issues of ownership and
possession de facto are intricately interwoven, such fact will not cause the dismissal Kanang naa’y words diha—force, intimidation, strategy, etc. kinahanglan ba gyud
of the case for forcible entry and unlawful detainer based on jurisdictional grounds. you have to institute a state of war against plaintiff? The answer is NO. In order to
Kaning sunod na kaso, about Fresh period rule. Ka-agi mo ana? constitute force, the trespasser must not have to institute a state of war. The words
force, intimidation, threat, strategy or stealth include every situation or condition
under which one person can wrongfully enter upon real property and exclude
another who has had prior physical possession. Even if no force is used by
trespasser other than as necessarily implied the mere act of planting himself on the
ground and excluding the other party. Basta giapapahawa nimo, di nimo pabalikon
ang tag-iya, that is already force even if no force is used.
Xxx
We recognized the right of the previous owners who were able to prove the
commitment of the government to allow them to repurchase their land:
The indisputable certainty in the present case is that there was a prior
promise by the predecessor of the respondent that the expropriated
properties may be recovered by the former owners once the airport is
transferred to Mactan, Cebu. In fact, the witness for the respondent
testified that 15 lots were already reconveyed to their previous owners.
-.End -