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Atty. Victor Y. Eleazar

Provisional Remedies and Special Civil Actions

rovisional remedies
Nature of provisional remedies
Jurisdiction over provisional remedies
Preliminary attachment
a) Grounds for issuance of writ of attachment
b) Requisites
c) Issuance and contents of order of attachment; affid
d) Rule on prior or contemporaneous service of summ
e) Manner of attaching real and personal property; w
attached is claimed by third person
f) Discharge of attachment and the counter-bond
g) Satisfaction of judgment out of property attached

Rules of Court
rrera, Remedial Law Vol. III, 2006 Ed., pp. 1-66
Conditioning Center v. RCJ Lines, 775 SCRA 265
ft Venture Corp. v. Wolfe, 770 SCRA 179
Quality Apparel v. Visayan Surety, 761 SCRA 464
RTC of Makati Branch 56, 717 SCRA 373

Preliminary injunction
a) Definitions and differences: preliminary injunction
restraining order
a) Cases when receiver may be appointed
b) Requisites
c) Requirements before issuance of an order
d) General powers of a receiver
e) Two kinds of bonds
f) Termination of receivership

Rules of Court
rrera, Remedial Law Vol. III, pp. 163-182
v. Espina-Caboverde, 702 SCRA 508
. Arcenas, 590 SCRA 49
. Court of Appeals, 610 SCRA 399

a) When may writ be issued
b) Requisites
c) Affidavit and bond; redelivery bond
d) Sheriffs duty in the implementation of the writ; w
claimed by third party

Rules of Court
rrera, Remedial Law Vol. III, pp. 183-211
mmunication Inc. v. Astorga, 542 SCRA 434
BPI Family Savings Bank, 697 SCRA 89
ndres, 555 SCRA 8

pecial civil actions
Nature of special civil actions
Ordinary civil actions versus special civil actions
Jurisdiction and venue

a) Requisites for interpleader
b) When to file
c) Procedural peculiarities

Rules of Court
rrera, Remedial Law Vol. III, pp. 223-233
ommerce v. Planters Development Bank, 681 SCRA 521
v. Don Luis Dizon Realty, 548 SCRA 273

Declaratory reliefs and similar remedies

a) Who may file the action
b) Requisites of action for declaratory relief
c) When court may refuse to make judicial declaratio
d) Conversion to ordinary action
e) Proceedings considered as similar remedies
(i) Reformation of an instrument
(ii) Consolidation of ownership
(iii) Quieting of title to real property
f) Procedural peculiarities
(i) Certiorari distinguished from appeal by cer
(ii) Prohibition and mandamus distinguished f
b) Requisites
c) When petition for certiorari, prohibition and mand
d) Injunctive relief
e) Exceptions to filing of motion for reconsideration b
f) Reliefs petitioner is entitled to
g) Actions/omissions of MTC/RTC in election cases
h) When and where to file petition
i) Effects of filing of an unmeritorious petition
j) Procedural peculiarities

Rules of Court
rrera, Remedial Law Vol. III, pp. 259-367
Abad, 764 SCRA 1
of Leyte v. Energy Development Corp., 760 SCRA 149
g v. PAGCOR, December 11, 2013
. Republic, August 27, 2013
a v. JBC, 755 SCRA 182
Superintendent of PMA, February 24, 2015
Manila Economic and Cultural Office, February 4, 2014

Quo warranto
a) Distinguish from quo warranto in the omnibus ele
b) When government commence an action against ind
c) When individual may commence an action
j) Effect of recording of judgment
k) Procedural peculiarities

Rules of Court
rrera, Remedial Law Vol. III, pp. 388-430
CLA Sugar Development Corp., 712 SCRA 550
il-Homes Realty, November 24, 2010
v. Andaya, June 15, 2007

0. Foreclosure of real estate mortgage

a) Judgment on foreclosure for payment or sale
b) Sale of mortgaged property; effect
c) Disposition of proceeds of sale
d) Deficiency judgment
(i) Instances when court cannot render deficie
e) Judicial foreclosure versus extrajudicial foreclosur
f) Equity of redemption versus right of redemption
g) Procedural peculiarities

Rules of Court
rrera, Remedial Law Vol. III, pp. 431-476
itan Bank v. CP Promotions and Marketing Inc., 760 SCRA 59
Yapcinco, 739 SCRA 75
ay Merchandising Corp. v. Equitable PCI Bank, March 13, 2013

1. Partition
a) Who may file complaint; who should be made def
e) Pleadings allowed
f) Action on the complaint
g) When demand is necessary
h) Preliminary injunction and preliminary mandatory
i) Resolving defense of ownership
j) How to stay the immediate execution of judgment
k) Summary procedure, prohibited pleadings
l) Procedural peculiarities

Rules of Court
rrera, Remedial Law Vol. III, pp. 492-611
Dumlao, 781 SCRA 551
z v. Hermano, 754 SCRA 231
. De Jesus, 756 SCRA 211
g v. Bacani, January 12, 2015

3. Contempt
a) Kinds of contempt
b) Purpose and nature of each
c) Remedy against direct contempt; penalty
d) Remedy against indirect contempt; penalty
e) How contempt proceedings are commenced
f) Acts deemed punishable as indirect contempt
g) When imprisonment shall be imposed
h) Contempt against quasi-judicial bodies
i) Procedural peculiarities