You are on page 1of 11

Rule 39 Execution, Satisfaction and Effect of Judgments

1.

1.

If death after execution is actually levied upon his property, it may be sold for satisfaction of the
obligation.

Execution as a matter of right

On motion with notice, upon a judgment or order that disposes of the action or proceeding upon the expiration of
the period to appeal therefrom if no appeal has been duly perfected.
For so long as there is a certificate of entry of judgment, execution may already be issued by the court of origin
or directed to do so by the CA.
1.

2.

2. Discretionary execution pending period to appeal or during appeal; may issue only upon good
reasons to be stated in a special order after hearing.

1.

By trial court even after the perfection of the appeal for so long as the motion for execution was filed
while the TC has jurisdiction over the case and is in possession or the records, upon motion of the
prevailing party with notice to the adverse party

2.

Appellate court after the TC has lost jurisdiction

If the judgment obligor dies after the entry but before levy, execution will issue if it be for the recovery of real or
personal property. However, if judgment is for a sum of money, and the judgment obligor dies before levy, such
judgment cannot be enforced by writ of execution but must be filed as a claim against his estate.
7. Writ of execution:
1.

Shall issue in the name of the Republic of the Phils from court which granted the motion

2.

State the name of the court, case number and title, dispositive portion of the judgment order

3.

Require the sheriff or other proper officer to whom it is directed to enforce the writ according to its
terms

8. Manner of executing writ:


1.

If judgment against property of the judgment obligor out of real or personal property with interest

2.

If against his real or personal property in the hands of the personal representatives, heirs, devisees,
legatees, tenants, or trustees of the judgment obligor out of that property, with interest

3.

If for sale of real or personal property to sell property, describing it and apply the proceeds in
conformity with judgment.

4.

If for delivery of possession of property deliver possession of the same to the party entitled to it,
describing it, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the
personal property of the person against whom it was rendered, and out of real property if sufficient
personal property cannot be found.

5.

In all cases, writ of execution shall specifically state the amount of the interest, costs, damages, rents, or
profits due as of date of issuance of writ, aside from principal obligation.

4. Judgments NOT stayed by appeal (immediately executory, unless court provides otherwise)
1.

Actions for injunction

2.

Receivership

3.

Accounting

4.

Support

5.

Judgments declared immediately executory

5. A final and executory judgment may be executed on motion within 5 years from entry. May be revived and
enforced by action after lapse of 5 years but before 10 years from entry. Revived judgment may be enforced by
motion within 5 years from entry and thereafter by action before barred by statute of limitations file motion
within 10 years from the finality of the revived judgment.

Judgment obligor is given option to choose which property may be levied on sufficient to satisfy the judgment.

6. Execution in case of partys death:

Exemption does not apply if execution upon a judgment for its purchase price or for foreclosure of mortgage.

1.

Death of judgment obligee application of his executor or administrator or successor-in-interest

Right of Exemption is a personal right granted to the judgment creditor. The sheriff may thus not claim it.

2.

Death of judgment obligor -

10. Third party claims:

1.

Against his executor, etc. if the judgment be for recovery of real or personal property or the enforcement
of a lien thereon.

Purpose of bond filed by judgment obligee or plaintiff is to indemnify third-party claimant, not the sheriff or
officer;

1.

Amount of bond not less than value of property levied on;

2.

Sheriff not liable for damages if bond is filed;

2.

If against a person, judgment is presumptive evidence of a right as between the parties and their
successors in interest;

15. When foreign judgment may be repelled


3.

4.

Judgment obligee or plaintiff may claim damages against third-party claimant in the same or a separate
action.
3rd Party claimant may vindicate his claim to property levied in a separate action because intervention is
no longer allowed since judgment already executory; in preliminary attachment and replevin, 3 rd party
claimant may vindicate his claim to the property by intervention since the action is still pending.

11. Who may redeem real property sold:


1.

Judgment obligor or his successor in interest in the whole or any part of the property;

2.

Creditor having lien by virtue of an attachment, judgment, or mortgage on the property sold subsequent
to the lien under which the property was sold. (Redeeming creditor is termed a redemptioner).

12. Judgment obligor has one year from the date of the registration of the certificate of sale to redeem property
sold by paying the purchaser the amount of his purchase, with 1% per month interest plus any assessments or taxes
which he may have paid thereon after purchase with interest on said amount at 1% per month.
Redemptioners have one year to redeem from the date of registration of the certificate of sale. They may also
redeem beyond one-year period within 60 days after the last redemption, with 2 % interest on the sum to be paid
on the last redemption. The judgment obligors right to redeem within 60 days from last redemption is limited to
the one-year period, beyond which he can no longer redeem.

1.

Evidence of want of jurisdiction

2.

Want of notice to party

3.

Collusion

4.

Fraud

5.

Clear mistake of law.

16. Requisites for res judicata


1.

Final former judgment

2.

Judgment is on the merits

3.

Rendered by a court of competent jurisdiction

4.

Between first and second actions, identity of subject matter, parties and cause of action.

17. When quashal of writ of execution proper


Purchaser or redemptioner not entitled to receive rents and income of property sold inasmuch as these belong to
the judgment obligor until the expiration of the period of redemption.

1.

Improperly issued

13. Effect of judgment or final orders

2.

Defective in substance

3.

Issued against the wrong party

4.

Judgment was already satisfied

5.

Issued without authority

6.

Change of the situation of the parties renders execution inequitable

7.

Controversy was never validly submitted to the court

8.

Writ varies the terms of the judgment

9.

Writ sought to be enforced against property exempt from execution

1.

In case of judgment against a specified thing, probate of will, or administration of estate or legal
condition or status, it is conclusive on the title or condition, status, relationship, will or administration.

2.

In other cases/matters directly adjudged, or matters relating thereto that could have been raised
subsequent to commencement of action, judgment is conclusive between parties and their successors in
interest.

3.

In any other litigation, that only is deemed to have been adjudged in a former judgment or which was
actually and necessarily included therein.

14. Effect of foreign judgment


1.

Judgment upon a specific thing, conclusive upon title to the thing;

10. Ambiguity in the terms of the judgment


18. SPECIAL JUDGMENT requires the performance of any other act than the payment of money or the sale or
delivery of real or personal property.

22. Garnishment act of appropriation by the sheriff if the property involved is money, stocks, or other
incorporeal property in the hands of third persons; merely sets apart such funds but does not constitute the creditor
the owner of the garnished property.
Rule 40 Appeal from MTC to RTC

19. Remedies against executory judgments or orders:


1.

Petition for relief

2.

Direct attack

3.

Collateral attack judgment is null on its face or court had no jurisdiction

1.

Appeal from judgment or final order of MTC taken to RTC exercising jurisdiction over the area to
which MTC pertains. File notice of appeal with the MTC which rendered decision appealed from within
15 days after notice of such judgment.

2.

Record on appeal is filed within 30 days and required only for special proceedings

3.

Appellate docket fees paid to clerk of court of MTC payment not a condition precedent for perfection
of appeal but must nonetheless be paid within the period for taking appeal;

4.

Procedure for appeal from cases dismissed without trial for lack of jurisdiction:

1.

If affirmed because the MTC has no jurisdiction, RTC will try case on the merits as if it has original
jurisdiction;

2.

If reversed, the case shall be remanded to the MTC;

3.

If the first level court tried the case on the merits without jurisdiction, the RTC should not dismiss the
case but shall decide it in the exercise of original jurisdiction.

20. When court may order execution even before an executory judgment and pending an appeal
1.

a.

2.

b. Appeal is clearly dilatory;

3.

c.

4.

d. Articles subject of the case are perishable;

5.

6.

7.
8.

9.

Lapse of time would make the ultimate judgment ineffective;

Judgment is for support and the beneficiary is in need thereof;

e. Defendants are exhausting their income and have no other property aside from the proceeds
from the subdivision of lots subject of the action;
f. Movants were in extreme need of the premises subject of the suit and the bond to answer for
damages in case of reversal on appeal (supersedeas bond) was posted by them;
g.

Judgment debtor is in imminent danger of insolvency;

h. Prevailing party is of advanced age and in a precarious state of health and the right in the
judgment is non-transmissible being for support;
i.

Prevailing party posts sufficient bond to answer for damages in case of reversal of judgment

But in most cases, the mere filing of a bond is not sufficient justification for discretionary execution.
21. Order granting writ of execution ONLY appealable when:
1.

Order varies terms of the judgment

2.

When vague and court renders what is believed to be wrong interpretation.

Rule 41 Appeal from the RTC


1.

Appeal may be taken from a judgment or final order that completely disposes of the case or of a
particular matter therein.

2.

No appeal may be taken from:

1.

Order denying a motion for new trial or recon;

2.

Order denying a petition for relief or any similar motion seeking relief from judgment;

3.

Interlocutory order;

4.

Order disallowing or dismissing an appeal;

5.

Order denying a motion to set aside a judgment by consent, confession, compromise on the ground of
fraud, mistake, or duress, or any other ground vitiating consent;

6.

Order of execution;

Not appealable because execution is only the result of the judgment. If order of execution is not in accord with
the dispositive portion, remedy is certiorari under Rule 65.
7.

8.

2.

Dismiss the petition if it finds:

1.

Patently without merit

Judgment or final order for or against one or more of several parties or in separate claims, while the
main case is pending, unless the court allows an appeal therefrom;

2.

Prosecuted manifestly for delay

Order dismissing an action without prejudice;

3.

Questions raised are to insubstantial to require consideration

In all these cases, aggrieved party may file an appropriate civil action under Rule 65.
7. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA.

Rule 43 Appeals from the CTA and Quasi-Judicial Agencies to the CA


1.

1. Appeals from judgments and final orders of the Court of Tax Appeals and quasi-judicial agencies in
exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC
decisions]) shall be by petition for review to the CA, to be taken within 15 days from notice of award or
judgment or from notice of the denial of the motion for reconsideration. Only 1 Motion for
reconsideration allowed

2.

2.

8. Where only questions of law are raised, by petition for review on certiorari with SC.
9. Notice of Appeal and Record of Appeal distinguished:
Notice of Appeal
Partys appeal by notice of appeal deemed perfected as to
him upon the filing of the notice of appeal in due time

Record of Appeal
Deemed perfected as to appellant with respect to the subject
matter upon the approval of the record on appeal filed in due
time
Court loses jurisdiction over case upon perfection of the
Court loses jurisdiction only over subject matter upon
appeals filed in due time and expiration of time to appeal of approval of records on appeal filed in due time and
other parties
expiration of the time to appeal of other parties.

Quasi-judicial agencies covered:

St. Martins Funeral Home vs. NLRC DECISIONS OF THE NLRC ORIGINAL ACTION FOR
CERTIORARI UNDER RULE 65 FILED WITH THE CA, NOT SC
Fabian vs. Desierto Appeals from decisions of the Office of the Ombudsman in administrative disciplinary
cases should be taken to the CA under Rule 43.
According to A.M. no. 99-2-02-SC (promulgated February 9, 1999), any appeal by way of petition for review
from a decision, final resolution or order of the Ombudsman, or special civil action relative to such decision, filed
with the SC after March 15, 1999 shall no longer be referred to the CA, but shall be dismissed.

10. Failure to pay appellate docket fees within the reglamentary period is ground for dismissal of appeal.

Rule 45 Appeal by Certiorari to the Supreme Court

11. General Rule: An ordinary appeal stays the execution of a judgment

1. Question of Law exists when doubt or difference arises as to what the law is, based on a certain state of facts

Exceptions:

Question of Fact exists when doubt or difference arises as to the truth or the falsehood of alleged facts

a.

Decisions of quasi-judicial body appealed to the CA

b. Executions pending appeal

2. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when:

c. Cases covered by Summary Procedure

1.

The conclusion is a finding grounded entirely on speculations, surmises, or conjectures;

Rule 42 Petition for Review from the RTC to the CA

2.

The inference made is manifestly mistaken, absurd, or impossible;

3.

There is grave abuse of discretion;

3. CA may:

4.

The judgment is based on misapprehension of facts;

1.

5.

Findings of fact of trial court and CA are conflicting;

1.

1.

Form and contents of petition for review (from RTC to CA)

Require respondent to file a comment; or

6.

The CA, in making its findings, went beyond the issues of the case and the same is contrary to the
admissions made;

Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the
plaintiff in the original action.

7.

CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly
considered, would justify a different conclusion.

Rule 50 Dismissal of Appeal


1.

1.

Grounds for dismissal of appeal by the CA:

1.

Failure of the record on appeal to show on its face that the appeal was taken within the reglamentary
period;

2.

Failure to file the notice of appeal or record on appeal within the period;

3.

Failure of the appellant to pay the docket and other lawful fees;

4.

Unauthorized alterations, omissions, or additions in the approved record on appeal;

5.

Failure of the appellant to serve and file the required number of copies of his brief or memorandum
within the time provided;

6.

Absence of specific assignment of errors in appellants brief or page references to the record;

7.

Failure of the appellant to take necessary steps for the completion or correction of the record within the
time limited by the order;

8.

Failure of appellant to appear at the preliminary conference or to comply with orders, circulars, or
directives of the court without justifiable cause

9.

Judgment or order appealed from is not appealable.

3. Certiorari as mode of appeal:


From judgment or final order of the CA, Sandiganbayan, RTC on pure questions of law, or other courts whenever
authorized by law, by filing a petition for review on certiorari with the SC within 15 days from notice of judgment.
4. Rule 45 and Rule 65 distinguished:
Rule 45
No need for Motion for Recon
Relates to final judgments
An appeal
15 days from notice of judgment

Rule 65
Motion for Recon generally required
Applies to interlocutory orders rendered in excess/lack of
jurisdiction
Not an appeal in the strict sense
60 days from notice of judgment

Kho vs. Camacho: An RTC judge has no right to disapprove a notice of appeal on the ground that the issues
raised involve a pure question of law, and that the mode of appeal is erroneous. That is the prerogative of the CA,
not the RTC judge. A notice of appeal need not be approved by the judge, unlike a record on appeal.
Rule 47 Annulment of Judgments or Final Orders and Resolutions
1.

Grounds for annulment of judgment of RTC in civil cases:


1.

1.

2.

Petition for annulment available only if ordinary remedies of new trial, appeal, petition for
relief or other appropriate remedies no longer available through no fault of the Petitioner.

Extrinsic fraud not available as a ground if availed of earlier in a motion for new trial or petition for
relief

Rule 51 Judgment
1.

Memorandum decisions are permitted in the CA.

2.

After judgment or final resolution of the CA and dissenting or separate opinions if any, are signed by the
Justices taking part, they shall be delivered for filing to the clerk who shall indicate thereon the date of
promulgation and cause true copies to be served upon parties or counsel.

3.

Date when judgment or final resolution becomes executory shall be deemed as date of entry.

Lack of jurisdiction.

3. Periods:
1.

For extrinsic fraud four years from discovery;

2.

Lack of jurisdiction must be filed before action barred by laches.

4. Effects of judgment of annulment gives the CA authority to order the trial court on motion to try the case if
the ground for annulment is extrinsic fraud, but not if it is lack of jurisdiction.

RULE 56 Procedure in the Supreme Court


1.

1.

Original cases cognizable exclusive list:

1.

Petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus;

2.

Disciplinary proceedings against judges and attorneys;

3.

Cases affecting ambassadors, other public ministers, and consuls.

PROVISIONAL constituting temporary measures availed of during the pendency of the action. ANCILLIARY
incidents in and dependent on the result of the main action.
Rule 57 Preliminary Attachment

2. An appeal to SC can only be taken by petition for review on certiorari, except in criminal cases where the
penalty imposed is death, reclusion perpetua, or life imprisonment.

1.

1.

3. Grounds for dismissal of appeal by SC

1.

Available even if the recovery of personal property is only an incidental relief sought in the action;

Preliminary Attachment

1.

Failure to take appeal within the reglementary period;

2.

May be resorted to even if the personal property is in the custody of a third person;

2.

Lack of merit in the petition;

3.

Extends to all kinds of property, real or personal or incorporeal;

3.

Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs;

4.

To recover possession of personal property unjustly detained, presupposes that the same is being
concealed, removed, or disposed of to prevent its being found or taken by the applicant;

4.

Failure to comply with the requirements regarding proof of service and contents of and the documents
which should accompany the petition;

5.

Can still be resorted to even if the property is in custodia legis, as long as the property belongs to the
defendant, or is one in which he has proprietary interests, AND with permission of the court

5.

Failure to comply with any circular, directive or order of the SC without justifiable cause;
2. Grounds

6.

Error in choice or mode of appeal

7.

Case is not appealable to the SC.

1.

Discretionary upon SC (and CA) to call for preliminary conference similar to pre-trial.

2.

General Rule: Appeal to SC by notice of appeal shall be dismissed.

Exception: In criminal cases where the penalty imposed is life imprisonment, or when a lesser penalty is imposed
but involving offenses committed on the same occasion or arising out of the same occurrence which gave rise to
the more serious offense for which the penalty of death or life imprisonment is imposed (Section 3, Rule 122)
1.

Appeal by certiorari from RTC to SC submitting issues of fact may be referred to the CA for decision or
appropriate action, without prejudice to considerations on whether or not to give due course to the
appeal as provided in Rule 45.

Provisional Remedies
Provisional remedies (ancillary/auxiliary)
Writs and processes available during the pendency of the action which may be resorted to by a litigant to preserve
and protect rights and interests therein pending rendition, and for the purpose of ultimately affecting a final
judgment in the case.

1.

Recovery of specified amount of money and damages, except moral or exemplary, where party is about
to depart from the Phils with intent to defraud creditors;

2.

Action for money or property embezzled or for willful violation of duty by public officers, officers of
corporation, agent, or fiduciary;

3.

Recovery of possession of property (both real and personal) unjustly detained, when the property is
concealed or disposed of to prevent is being found or taken;

4.

Action against party guilty of fraud in contracting the debt or incurring the obligation or in the
performance thereof;

5.

Action against party who is concealing or disposing of property, or is about to do so, with intent to
defraud creditors;

6.

Action against party who is not a resident of the Phils and cannot be found therein or upon who service
by publication can be made.

3. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:


Enforcement of writ of preliminary attachment must be preceded by or simultaneously accompanied by service of
summons, copy of complaint, application and affidavits for the attachment and the bond upon the adverse party;
BUT the requirement of prior or contemporaneous service of summons shall not apply where the summons could
not be served despite diligent efforts, or the defendant is a resident of the Phils temporarily absent therefrom, or
the defendant is a non-resident of the Phils or the action is in rem or quasi in rem.

1.

4. When preliminary attachment is discharged


1.

2. Grounds for Preliminary Injunction

a. Debtor posts a counterbond or makes requisite cash deposit- if attachment to be


discharged is with respect to particular property, counterbond or deposit shall be equal to the
value of the property as determined by the court; in all other cases, amount of counterbond
should be equal to the amount fixed in the order of attachment.

CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE PAYMENT OF ANY JUDGMENT THAT
ATTACHING PARTY MAY RECOVER

1.

Plaintiff is entitled to relief sought which consists in restraining or requiring the performance of acts
(latter is preliminary mandatory injunction);

2.

The commission of acts or non-performance during pendency of litigation would probably work
injustice to the plaintiff;

3.

Defendant is doing or about to do an act violating plaintiffs rights respecting the subject of the action
and tending to render judgment ineffectual.

1.

b. Applicants bond is insufficient or sureties fail to justify;

2.

c. Attachment was improperly or irregularly issued;

4. No Preliminary Injunction or TRO may be issued without posting of bond and notice to adverse party and
hearing.

3.

d.

Property attached is exempt from execution;

5. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:

4.

e.

Judgment is rendered against attaching party;

5.

f. Attachment is excessive discharge is with respect to the excess

When an application for a writ of preliminary injunction or a temporary restraining order is included in a
complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be raffled only after NOTICE
to and IN THE PRESENCE of the adverse party or the person to be enjoined. In any event, such notice shall be
preceded, or contemporaneously accompanied by service of summons, together with a copy of the complaint and
the applicants affidavit and bond, upon the adverse party in the Phils; BUT the requirement of prior or
contemporaneous service of summons shall NOT apply where the summons could not be served despite diligent
efforts, or the defendant is a resident of the Phils temporarily absent therefrom, or the defendant is a non-resident
of the Phils

5. Application for discharge may only be filed with the court where the action is pending and may be filed even
before enforcement of the writ so long as there has been an order of attachment.
Claims for damages cannot be subject of independent action except:
a.
b.

When principal case is dismissed by the trial court for lack of jurisdiction without giving the claiming
party opportunity to prove claim for damages;
b. When damages sustained by a third person not a party to the action.

Difference with principle in preliminary attachment In attachment, the principle applies only in the
implementation of the writ, while in applications for injunction or TRO, this principle applies before the raffle and
issuance of the writs or TRO.
6. TRO good for only 20 days from service; 60 days for CA; until further orders from SC.

Rule 58 Preliminary Injunction


1.

7. TRO can be issued ex parte only if matter of grave urgency and plaintiff will suffer grave injustice and
irreparable injury. Good for 72 hours from issuance, within which judge must comply with service of summons,
complaint, affidavit and bond, and hold summary hearing to determine whether TRO should be extended for 20
days. In no case can TRO be longer than 20 days including 72 hours.

Preliminary injunction distinguished from Prohibition

Preliminary Injunction
Prohibition
Generally directed against party to the action but may be
against any person
Does NOT involve the jurisdiction of the court

Directed against a court, tribunal, or person exercising


judicial powers
May be on the ground that the court against whom the writ
is sought acted without or in excess of jurisdiction;
May be main action itself or just a provisional remedy in the Always a main action
main action

8. No TRO, preliminary injunction or preliminary mandatory injunction may issue against the government in
cases involving implementation of government infrastructure projects. (Garcia vs. Burgos, reiterated in
Administrative Circular no. 7-99, promulgated June 25,1999)
Rule 59 Receivership
1.

1. When receiver may be appointed:

2.

2. When receivership may be denied/lifted

1.

Party has an interest in the property or fund subject of the action and such is in danger of being lost,
removed, or materially injured;

2.

Action by mortgagee for foreclosure of mortgage when the property is in danger of being wasted or
materially injured and that its value is probably insufficient to discharge the mortgage debt, OR that the
parties have stipulated in the contract of mortgage;

1.

He seasonably posts redelivery bond

2.

Plaintiffs bond is insufficient or defective

3.

Property is not delivered to plaintiff for any reason.

Replevin bond is only intended to indemnify defendant against any loss that he may suffer by being compelled
to surrender the possession of the disputed property pending trial of the action. Thus, surety not liable for
payment of judgment for damages rendered against plaintiff on a counterclaim for punitive damages for fraudulent
or wrongful acts committed by the plaintiffs which are unconnected with the defendants deprivation of possession
by the plaintiff.

3.

After judgment, to preserve the property during the pendency of the appeal, or to dispose of it, or to aid
in execution when execution has been returned unsatisfied or the judgment debtor refuses to apply his
property to satisfy judgment, or to carry out the judgment.

4.

When appointing one is the most convenient and feasible means to preserve, administer, or dispose of
the property in litigation.

Special Civil Actions

1.

Appointment sought is without sufficient cause;

Rule 62 Interpleader

2.

Adverse party files sufficient bond for damages;

1. Interpleader

3.

Applicant or receivers bond is insufficient.

1.

Original action

3. Both the applicant for the receivership and the receiver appointed must file separate bonds.

2.

Presupposes that the plaintiff has no interest in the subject matter of the action or has an interest therein
which, in whole or part, is not disputed by the other parties to the action;

4. In claims against the bond, it shall be filed, ascertained and granted under the same procedure as Section 20,
Rule 57, whether is be damages against the applicants bond for the unlawful appointment of the receiver or for
enforcing the liability of the sureties of the receivers bond by reason of the receivers management (in the latter
case, no longer need to file a separate action).

3.

Complaint in interpleader must be answered 15 days from service of summons.

Rule 60 Replevin
1.

1.

Replevin

2.

2.

Defendant entitled to return of property taken under writ if:

1.

Available only where the principal relief sought in the action is the recovery of possession of personal
property;

2.

Can be sought only where the defendant is in the actual or constructive possession of the personal
property involved.

3.

Extends only to personal property capable of manual delivery;

4.

Available to recover personal property even if the same is NOT being concealed, removed, or disposed
of;

5.

Cannot be availed of if property is in custodia legis, as where is it under attachment, or was seized under
a search warrant or distrained for tax assessment.

Rule 63 Declaratory Relief and Similar Remedies


1. Requisites for action for declaratory relief:
1.

Subject matter of controversy is a deed, will, contract, or other written instrument, statute, executive
order, or regulation, or ordinance;

Court may refuse to adjudicate where decision would not terminate the uncertainty or controversy which gave
rise to the action OR where the declaration is not necessary and proper at the time;
2.

Terms and validity thereof are doubtful and require judicial construction;

3.

No breach of the document, otherwise ordinary civil action is the remedy;

Must be before breach is committed, as in the case where the petitioner paid under protest the fees imposed by
an ordinance. Declaratory relief still proper because the applicability of the ordinance to future transactions still
remains to be resolved, although the matter could be threshed out in an ordinary suit for the recovery of the fees
paid.
4.

There is an actual justiciable controversy between persons whose interests are adverse;

5.

The same is ripe for adjudication;

6.

Adequate relief is not available through other means or other forms of action or proceeding.

Rule 64

Review of Judgments and Final Orders or Resolutions of the Commission on Elections and The
Commission on Audit

For petition for review of judgments and final orders of the COMELEC and COA period to file is 30 days to
be counted from notice of the judgment or final order or resolution sought to be reviewed and not from the receipt
of the denial of the Motion for Reconsideration; the period to file petition is merely interrupted by the filing of the
Motion for Reconsideration and continues to run again for the remaining period which shall not be less than 5
days from notice of denial.

been rendered and an appeal therefrom had been perfected, a petition for certiorari relating to certain incidents
therein may prosper where the appeal does not appear to be a plain, speedy and adequate remedy. In this case, the
SC noted that, while petitioners tried to justify their recourse to both an appeal and to a petition for certiorari by
claiming that their appeal would not constitute a plain, speedy and adequate remedy, they did not see fit to
withdraw or abandon said appeal after filing the petition. Thus, both the CA and SC are reviewing the same
decision of the RTC at the same time. Such a situation would lead to absurdity and confusion in the ultimate
disposition of the case.
1.

2.

Prohibition

2.

3.

Mandamus

3.

4. When SC allows the writ of certiorari even when appeal is available and proper:

4.

5.

Rule 65 Certiorari, Prohibition and Mandamus


Cases where Motion for Reconsideration is NOT condition precedent for certiorari:

1.

1.

Certiorari

1.

Purpose to correct an act performed by respondent;

2.

Act sought to be controlled discretionary acts;

1.

Purpose to prevent the commission or carrying out of an act;

3.

Respondent one who exercises judicial functions and acted with grave abuse of discretion or in lack or
excess of jurisdiction.

2.

Act sought to be controlled discretionary and ministerial acts;

3.

Respondent one who exercises judicial or non-judicial functions.

4.

Generally directed against an interlocutory order of the court prior to appeal from the judgment in the
main case;

1.

Purpose to compel the performance of the act desired;

Need merely be filed seasonably (within 60 days), without undue delay and before the act, order, or
proceedings, sought to be reviewed or set aside has become fait accompli such that any reversal thereof
shall have become academic;

2.

Act sought to be controlled ministerial act;

3.

Respondent one who performs judicial or non-judicial functions.

6.

Unless a writ of preliminary injunction shall have issued, does NOT stay the challenged order;

1.

Appeal does not constitute a speedy and adequate remedy;

7.

Parties are the aggrieved parties against the lower court or quasi-judicial agency and the prevailing
parties;

2.

Orders were issued either in excess of or without jurisdiction;

8.

Motion for reconsideration is a condition precedent, subject to certain exceptions;

3.

For certain special considerations, such as public welfare or policy;

9.

Higher court exercises original jurisdiction under its power of control and supervision over the orders of
lower courts.

4.

Where in criminal actions, the court rejects rebuttal evidence for the prosecution, as in acquittal;

5.

Where the order is a patent nullity;

6.

Where the decision in the certiorari case will avoid future litigation.

1.

Order is a patent nullity;

1.

5.

If CA reverses the judge, the latter may not go the SC via a petition for certiorari. He is merely a nominal party,
and he should not seek the reversal of a decision that is unfavorable to the action taken by him.
Professional Regulation Commission vs. CA It is well settled that the remedies of ordinary appeal and certiorari
are mutually exclusive, not alternative or successive. However, it has also been held that after a judgment has

6. The period for filing any of the 3 actions is not later than 60 days from notice of
judgment, order, or resolution sought to be reviewed.

2.

Questions raised in the certiorari proceeding were duly raised and passed upon by the lower court, or are
the same as those raised and passed upon in the lower court;

3.

Urgent necessity for the resolution of the question and any further delay would prejudice the interests of
the government;

4.

Under the circumstances, a motion for recon would be useless;

5.

Petitioner was deprived of due process and there is extreme urgency for relief;

6.

Where in a criminal case, relief from order or arrest is urgent and the granting of such relief by the trial
court is improbable;

7.

Proceedings in the lower court are null for lack of due process;

8.

Proceeding was ex parte or in which petitioner had no opportunity to object;

9.

Issue raised is one purely of law or where public interest is involved.

In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the 60day period shall be counted from notice of the denial of said motion. (SC Circular 56-2000, effective September 1,
2000)

No extension of time to file the petition shall be granted


except for compelling reason and in no case exceeding 15 days. (SC Circular 56-2000)

1.

Quo Warranto distinguished from Election Contest:

Quo Warranto
Basis is that occupant is disqualified from holding office by
reason of ineligibility or disloyalty
If successful, respondent is ousted but petitioner shall not
automatically assume the office vacated

The final order of expropriation is appealable, but the lower court may determine the just
compensation to be paid.

The power of eminent domain is exercised by the filing of a complaint which shall join as defendants all persons
owning or claiming to own, or occupying, any party of the expropriated land or interest therein. If a known owner
is not joined as defendant, he is entitled to intervene in the proceedings; or if he is joined but not served with
process and the proceeding is already closed before he came to know of the condemnation, he may maintain an
independent suit for damages.
Rule 70 Forcible Entry and Unlawful Detainer
1.

1.

Forcible entry distinguished from Unlawful detainer

Forcible entry

Unlawful detainer

Possession of land is unlawful from the beginning due to


force, intimidation, threat, strategy or stealth
No requirement of previous demand for defendant to vacate
premises
Plaintiff must prove that he was in prior physical possession
until he was deprived thereof by defendant
1-year period counted from date of actual entry or when
plaintiff learned thereof.

Possession of defendant is inceptively lawful but becomes


illegal by reason of termination of right of possession
Demand is jurisdictional
Plaintiff need not have been in prior physical possession
1-year period from date of last demand

2. When prior demand in unlawful detainer actions not required;

Rule 66 Quo Warranto


1.

1.

Election Contest
Challenge rights of a person to hold office on the ground of
irregularities in the conduct of the election
Successful protestant will assume office if he had obtained
plurality of valid votes

Rule 67 Expropriation
1.

In expropriation, the complaint must be verified.

2.

The defendant can only file an answer instead of a motion to dismiss

1.

When purpose of action is to terminate lease because of expiry of term and not because of failure to pay
rental or to comply with terms of lease contract;

2.

Purpose of suit is not for ejectment but for enforcement of terms of contract;

3.

When defendant is not a tenant but a pure intruder

In all other cases, there must be a demand:


1.

To pay or to comply with the conditions of the lease; AND

2.

To vacate by written notice on the person in the premises or by posting such notice on the premises if no
person is found thereon and this is a condition precedent to the filing of the case; ORAL demand is not
permitted.
1.

If demand is in the alternative (pay OR vacate), this is NOT the demand contemplated by the
Rules.

3. When the defendant raises the issue of ownership in his pleadings and the question of possession cannot be
resolved without deciding the issue of ownership, the latter issue shall be resolved only to determine the issue of
possession.

2.

Conduct directed against the dignity or authority of the court.

1.

Purpose is to protect and enforce civil rights and remedies for the litigants;

A forcible entry/unlawful detainer action has an entirely different subject matter from that of an action for
reconveyance. The former involves material possession, and the latter, ownership. Thus, the pendency of an
action for reconveyance does not divest the MTC of its jurisdiction over an action for FE/UD, nor will it preclude
execution of judgment in the ejectment case where the only issue involved is material possession.

2.

Failure to do something ordered by the court for the benefit of a party.

1.

Committed in the presence of or so near a court or judge;

Rule 71 Contempt

2.

Punished summarily without hearing;

3.

No appeal may be taken but the party adjudged in contempt may avail himself of actions of certiorari or
prohibition which shall stay the execution of the judgment, provided a bond fixed by the court is filed.

1.

Not committed in the presence of the court;

2.

Punished only after hearing complaint in writing or motion or party or order of court requiring person
to appear and explain, opportunity to appear and show cause.

1.

1.

Criminal contempt

2.

2.

Civil Contempt

3.

3.

Direct Contempt (contempt in facie curiae)

4.

4.

Indirect Contempt

1.

Purpose is to vindicate public authority;