Mar 27, 2015

#1 - quieting of title is a supervening event for forcible entry case even if latter decided
earlier
#2 - new computation is necessary from the time CA rendered decision
#3 - new case for recovery of ownership is barred by first case even if new party is
impleaded. Res Judicata since theres Identity of Interest *or matters that could have
been raised thereto..
#4 - no Red Judi since decision of Swiss Court doesn't bar case in SB. One is propriety
and other is recovery. Different interest and subject matter
#5 - no Res Judi = diff COA
#6 - not barred by prior judgement, only conclusiveness of judgement

Soriano
Lim
Yu
Tabag
Mar 28, 2015
Rule 39 impt:
Execution as a matter of right vs discretion
How writ is enforced (money spec act etc)
Defenses in Execution
Terceria (3rd party claim)
Period to Redeem
*Picazo Law Offices - good corp law office
#16 - Family home not automatically exempt lalo na if not raised
#17 - can't levy possession when judgement is for money claim
#18 - Sheriffs dismissed due to failure to perform duty and receiving expense money
without prior approval of court and improper receipts
#19 -

RULE 40
review relevance of transmission of records vs perfection of appeal

RULE 41
list in section 1 only exercised by RTC in its original jurisdiction
can't appeal denial of MR, remedy is file relief of judgement(check 39)
record of appeal must be approved
lower court may still issue orders as long as they still have the records
determine differences between the different appeals (40,41,42,43,45)
#1 - proper remedy was appeal, can't be sub by CA certiorari. Respondent needs to
fulfill the obligation since RTC cannot compel bank to pay an unmatured account
#2 -

RULE 42
April 8,2015
*last called between Lotilla and Sam
file Verified petition
there is extension of time provided you pay the proper docket fees not exceeding 15
days for compelling reason (attachment can't be given by RTC when went to CA or
client was very sick)
attach certified duplicate copies
period runs from the order of the court to file comment on the petition
petition can still be given dues course when no comment filed
when does residual powers work in 41 and 42? (transmittal vs given due course)
effect when given due course? stay the judgement except when decided under
Summary Procedure
Rules do not specify which documents so there could be Substantial Compliance when
proper

RULE 43
*last called between Lotilla and Miss Yu
clarification on Section 6. Not ALL copies required to be certified true copies, so plain
copies is okay since otherwise it puts undue burden (case of BE San Diego)
RULE 44
(Ordinary Appealed Cases)
take note of what you file(brief?), as compared to rule 41(memoranda?)
read de leano case explaining subject index etc

RULE 45
*called between Rap and Marge
*First to be called before Matibag then Lim after. Last person called for case: Lotilla
no more citation of reference unlike in previous (brief) since its already included in the
petition. (review section 4)
why is MR not required before filing 45 and required before you go to 65 (why? its a
plain and speedy remedy)
review CGP case
#1 - 2 crime charges question of law should be raised in SC
#2 - pfrc is proper. CA did not err in fixing just compensation since assessment in RTC
was unsubstantiated
#3 - the SC may refer cases to CA in its discretion

RULE 46
no need to comment right away. court will dismiss or order first
RULE 48 *sir has no notes I guess not that
important?

RULE 49
No more hearings for motion as per sec. 3 unlike earlier where its needed within 10
days after filing
RULE 51
*just read
Sec. 3 Quorum. 3 judges in a division and if not unanimous special division of 5 formed
w/c needs majority
Sec. 6.
Sec. 8
RULE 52
Sec. 2. No 2nd MR
RULE 53
Review when jurisdiction is lost. (filing of petition and expiration of the the period)
RULE 56
PRELIMINARY ATTACHMENT (57)
*memorize all the right for provrem
Resio
Yu
Lotilla
Makilan
Mejillano
Rap
Matibag
Soriano
Nog
Me
Tabag

Matibag Matibag
Makilan
Yu
Mejillano
Me
Soriano
Tabag
Nog
Rap
Resio
Lotilla

objs: secure potential judgement / converts action into quasi in rem (subsection f)

6 - strict grounds (memorize!)

manner of attaching - contemporaneous service
6 - president and managing agent
14 - make affidavit to sheriff. sheriff not bound unless bond was filed
*principle that..cannot discharge if ground is the same coa in original case. hence by
counter-bond only. dismissal of one is not waiver of the right. mere filing takes place of
the bond even w/o affidavits. earlier bond will stay. why? look at objective (orig bond was
for damages)
*Onate case, implementation without
PI (58)
before entry of judgement
"irreparable judgement"
clear and unmistakable right
Differentiate the periods for TRO (72 hr v 20 days - the process from TROleading to
approval of injunction) *summary judgement before granting of 20 day TRO (Borja v
Salcedo case explains)
*clarification on last day = re 20 day ex parte. You follow the rule. But personally, you
can follow the jurisprudence.

RECEIVERSHIP (59)
grounds (read the only case)
what if falls with same grounds in WPA?
REPLEVIN (60)
conditions of the bond?
*Section 5 & 6
the 5 days is important
remedy for noncompliance? order of execution
SUPPORT
its provisional. thus can't be subject to
Special Civil Action vs Ordinary = SCA has no COA
Lotilla
Migs
Rap

Me
Resio
Soriano
Makilan
Sam
Matibag
Rap
Tabag

Resio
Tabag
Soriano
Matibag
Makilan
Me
Sam
Migs
Lotilla
INTERPLEADER (62)

DECLARATORY RELIEF and SIMILAR REMEDIES (63)

where? RTC. It depends where. Capable of pecuniary estimation?
when theres breach already? no point in filing this. there are already other available
remedies
paragraph 2 is not subject to courts discretion (see sec.5)
what if pending the action a breach (on written instrument) happens? convert it into
ordinary action
REVIEW OF JUDGEMENT AND FINAL ORDERS OF COMELEC/COA
(64)
Why differentiate with 65? Unlike 65 where its last resort(or interlocutory orders), you
can go straight here after Final judgement
CERTIORARI, MANDAMUS, PROHIBITION (65)
not an appeal
differences between them is the relief being sought for.
when is a respondent exercising judicial fans/quasi-jud? Hears a case before it. Admin
fxns in quasi such as receiving evidence etc
extension ti file? before yes, now no. but riano mentioned a case that court still has
discretion
Where do you file? See Sec. 4
See Sec. 5 on parties and duties
No Summons here.
See Sec. 7. Does it affect proceedings in lower court? No, unless TRO or PI issued
Remedy after case in RTC? Rule 41. (verify this)
Prohibition

in Certiorari, there is an act you want to annul or modify. Here, you prohibit the
proceeding. You want to stop it.
Concerned with judicial/quasi-jud (see Homowners case)
Mandamus
nature of act required to compel? Ministerial

QUO WARRANTO (66)

Parties?
Venue?
Not much. Limited only to elective officials etc

EXPROPRIATION (67)
Contents of petition?
If government already owns the land can it still file?
what is just compensation? FMV and consequential benefit (based on the remaining
properties) which is subtracted, consequential damages is added
when is entry allowed?
When is just compensation determined? time of taking or time of filing whichever comes
first
how is it ascertained? (second stage - appointment of commissioners
FORECLOSURE (68)
(2) types
review Right of Redemption and
Types of foreclosure sales
PARTITION (69)
look at prohibition
Where file? Incapable of pecuniary estimation (according to Riano)
Record on appeal re stages
(70)
possession only is important
what type of possession?
written notice of demand is important in ejectment (contains demand to pay AND

vacate)
rules governing ejectment? SUMMARY
How do you stay execution?
71
if against CA or SC? still in the RTC
even if you initiate indirect contempt through a motion, it can still commence as long as
the facts/grounds stated therein could've reached the court without anyone reporting it.