4. Controversy has never been submitted to the Judgment ofthe court; 5. Terms of judgment are not clear and there ‘remains room for interpretation; 6. Writ of execution is improvidentiy issued; 7. Writ of execution is defective in substance; 8. Writ of execution is issued against the wrong partys 9. Judgment debtor has been paid or otherwise satisfied; and 10. Writ of execution was issued without authority, Section 9. Execution of judgments for money, how enforced ‘3 WAYS TO ENFORCE A JUDGMENT FOR MONEY 1. Immediate payment on demand Te ee eur ‘The sheriff may levy on debts due to the debtor, or other credits, including bank deposits, financial interests, royalties, commissions and other personal property, not ‘capable of manual delivery in the possession or control of 3° parties. Notice served on 3 party (garnishee), GENERAL RULE: All property belonging to judgment ‘obligor not exempt from execution may be attached. EXCEPTIONS: 1. Usufruct; 2 Ascertainable interest in real estate as ‘mortgagor, mortgagee, or otherwise; and 3. Unused balance of an overdraft account (credit not subject to garnishment). evy on personal property may be actual or constructive Judgment obKgor shall pay in cash, cert “Se ier on a tage by egetaton n/ Mapes Gat Guned Bigpastructive). Bayable to the judgment obligee, or any Sther form of Payment acceptable tothe later. Payment is made to the judeyient obliges of rprecentatve, or # not present, to the shee lt racine tases GE 96 A 2. Satisfaction bylewy | oe LEVY — An act by which an afficer sefs apart appropriates 2 part or whole of Judement debtor for purposes ofthe execution sale.” The officer shall levy upon properties of obligor not otherwise exempt from execution. s ‘The judgment obligor exercises discretion to choose which roperty to levy; if not exercised, the officer shall levy First ‘on personal property, then on real property. ‘The sherif shall sell only property sufficient to satisty the judgment and other lawful fees, The levy on execution creates a lien in favor of the judgment obligee over the right, title, and interest of the judgment obligor in such property at the time of the levy, subject to liens and encumbrances then existing. 3. Garnishment of debts and credits GARNISHMENT ~ An act of appropriation by the court when the property of the debtor isin the hands of third persons, + yA. Conveyance, delivery of deeds, or other specific acts vesting tite; J), AE Lparty feito comply within the time specified, the ‘Fo¢§ Court may direct the act to be done at the cost of the disobediegt party. ‘personal property situated within the Philippines: = court in few of conveyance may give order divesting title and may vest it in others. 2. Sale of real or personal property; 3. Delivery or restitution of real property: ‘The officer shall demand the losing party to peaceably vacate the property within 3 working days, and restore possession to judgment obligee; otherwise, the officer shall oust such disobedient party 4 Removal of improvements on property subject of execution; and, Officer shall_not destroy, demolish, or remove improvements except upon special order ofthe court. Advisers Ay. Gaevara Atty, krroy, Ath Salvadox Ay Vinluan judge Bolla; Heads rissa Faylona, Mania Wrist Santas Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escotia na Banka Sika, Nash Marchomsalc, KSuarer.—REMEDIAL LAW REVIEWER. Special order issued upon motion, after judgment obligor fallad to remove the same. 5. In judgments for the delivery of personal property, the officer shall take possession of the same and fortwith deliver it to the party entitled to satisfy any judgment for money a therein provided. Failure to comply with spedtic acts under Rule 39 Sec. 10 fs not necessarily punishable by contempt. However, if a party refuses to: 1. Vacate the property — The sheriff must oust the party. A demolition order from the court is Fequired to effect removal of an improvement constructed by the defeated party. 2. Deliver ~ The sheriff will take possession and required party performed iy es eae OPERATIONS 20/0 Create alien in favor of the judgment obiigee over the ‘ight, title and interest ofthe judgment obligor. Section 13. Property exempt from execution PROPERTIES EXEMPT FROM EXECUTION 1. Fartily home, or homestead, land necessarily used in- connection therewith; 2 Ordinary tools and implements used in trade, employment, or livelihood; 3-3 horses, cows, carabacs, or other beast of burden necessarily used in his ordinary occupation; 4 Necessary clothing and articles for ordinary personal use, except jewelry; 5. Household furniture and utensils necessary for ‘housekeeping that is P100K; 6. Provisions for individual or family use sufficient for 4 months; __ Suppibetof family within 4 months preceding levy; Lettered gravestones; deliver it to the winning party. Professional ibraries and equipment; 3. Comply ~ The court can appoint zortif other shine boat and accessories < PI00K used in person at the expense of the di party and the act shall have the sarfe effect as ifthe s sioges, or eamings as ace necessary for 2 OF No time limit within which an order of be carried out; defeated party is ‘0 look for another place. E EXCEPTION: Writ of Execution must ‘years and order of demolition is ancillary Certiorari is avaitable if requirements for sua of demolition are not followed ‘Section 11. Execution of special judgment SPECIAL JUDGMENT - One that can be complied with only by the judgment obiigor himself Itrequires the performance of any other act than payment of money, or the sale or delivery of real or personal Property. Follure to comply with special judgment under Section 21. 's punishable by contempt by imprisonment. Section 12. Effect of Levy on execution as to third persons Advisers: Atty. Guevarr Atty, Arroyo Aity Sehdor Ay, Vinuan Judge Bonifacio; Heads: Carissa Favdona, Maria Krstaa Monies, bepefis,prleges, or annuities acening out ot ane prance: and Properties pecly remot irom execton J mortgaged to DBP (Section 26, CA 458); ‘taken over by Alien Property Administration ‘If US Trading With The Enemy Act; Svirgs of nalonal prisoners deposited wih the Postal Savings Bank (Act 2489}; Backpay of pre-war civilian employees (RA 304); 5. Philippine Government backpay to guerilas (RA 897}; 6. Produce, work animals, and farm implements of ‘agricultural lessees, subject to limitations (Section21, RA6355); 7. Benefits from private retirement systems of companies and establishments, with limitations (RA 4917): 8. Labor wages, except for debts incurred for food, shelter, dothing, and medical attendance (Art. 1708, NCC}, 2. Benefit payments from the 555 (Section 16 RA 1161 0s ‘omended by PDs 24, 65, and 177); 10. Copyrights and other rights in intellectual property under the former copyright law (2D 49 cf. Section 239.3, RA 8293); and, 41. Bonds issued under RA 1000 (NASSCO ¥. CIR L-17874 31 August 1963) (Regolado, F. Remedial Low Compendium Vol 1," ed, pp. 481-482). Understudy: Roxanne Tadique, Alexis Cimagala; Velunters: Grace Escosia, ina Bianke Sv, Nash Marohomsalic K suarered Ly OPERATIONS 2010 Section 14. Return of writ of execution Wait of execution is returnable to the court after judgment is satisfied. ‘Sherif shall report to the court within 30 days after receipt ‘and every 30 days until the judgment is satisfied in full or Its effectivity expires. Lifetime of writ of execution ~ 5 years from entry of judgment The rules do not provide any lifetime for a writ of attachment unlike a writ of execution. Section 15. Notice of sate of property on execution PuRPOse oF 3” PARTY CLAIM, 1 To recover, property levied on by shertf (although 3" party can vindicate claim in a separate action} and 2. hold sherif fable for damages forthe taking ‘or keeping of such property WHEN TO FILE A" PARTY CLAIM ‘At any time, so a long as the sheriff has the possession of ‘the property levied upon, or before the property i sold under execution. WHAT (S THE PROCEDURE FOR A 3"° PARTY CLAIM, 3% party should make an affidavit of his thle thereto, or Fight of possession thereof, and should serve such affidavit upon the sheriff end a copy thereof to the judgment oblige. ‘the Judgment obligor, atleast 3 days! EFFECTS OF AN EXECUTION SALE WITHOUT THE REQUIRED NOTICE 1. Sheriff and creditor are joint tortfeasors; and 2. able in sofidum because lability is joint and solidary. Want of notice does not invalidate the execution sale where purchaser is innocent and no collusion appears (buyer in good faith). ‘Section 16. Proceedings where property daimed by third persons 3! PARTY CLAIM ‘A claim by any person other than the judgment debtor or his agent on property levied on execution. + Perishable property: tice posted in 3 pub for such ume : pay berensonaie eton for damages ay be considering the character trout again sent condition ofthe vse oe "iW no able Yor | San able Tar das Other personal ‘damages Notice posted in 3 public 7 Sherif bound tokeep | Sherif not bound to keep Places fornotless than 4 roperty.gh behalf of Property under levy days an — oblige Tnall cases, written notice af the ale salibe given to — Advisers: Atty. Guevarra,Atty Arroyo Atty. Savador Ay, Vinluan judge Bonifacio; Heads: Garisa Faylona, oeitorneconn a File a bond to indemnify 3" party complainant; and ‘Amount of bond not less than value of property. + Sheriff not able for damages if bonds filed. 2. File a claim for damages against 2 party in the same ‘separate action, Based on the ground that 3% party claim is frivolous or plainly spurious. REMEDY OF THE 3"° PARTY 4. Vingicate his claim in a separate action; ‘+ No intervention allowed since Judgment final & executory. 2. File a separate action for damages against the sheriff (if no bond filed); and Filea claim for damages against the bond. ‘© Claim must be within 120 days from fling of bond. ‘itina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasia, ne Blanka Silva, Nash Marohomsalic,K SuarezThe sheriff is at complete Kberty to suspend oF not to suspend execution ifthe judgment creditor does not fle a bond. ‘The judgment creditor cannot be compelled to file@ bond because he is at complete tiverty to do so. Without an indemnity bond, the sheriff acts at his own risk if he keeps the property (can be lable for damages). Section 17. Penalty for selling without notice, or removing or defacing notice PERSONS LIABLE UNDER SECTION 17 1. Officer selling without notice; and 2. Any person wilfully removing or defacing notice Posted (e.g. notice posted in 3 public places). Pars 1. Punitive damages to any person Mord thereby (p00 nd te meas Section 19. How property sold on. ‘may direct manner and order of sale en Allsales of property under execution must Wynade: 1. Ata publicauction; 2. Totthe highest bidder; and 3. Atthe exact time fixed in the notice. Sale of real properties must be made in the province where the properties are situated in order to obtain the best price. WHEN THE SALE IS OF REAL PROPERTY, THEY MUST BE sow: 1. consisting of several known lots = Must be sold separately 2. third person claims a portion = Require It to be sold separately WHEN THE SALE IS OF PERSONAL PROPERTY CAPABLE OF (MANUAL DELIVERY, IT MUST BE SOLD: 1, Within view of those attending the same; and 2. In such parcels as ae likely to bring the highest price. ipso eer OPERATIONS 2010 PERSONS PROHIBITED FROM BUYING 1. Judge who issued the writ of execution; and 2. Officer conducting sale or his deputy. EFFECT OF SALE OF REAL PROPERTY IN MASS. (GENERAL RULE: Valid EXCEPTIONS: 1. When it appears that a larger sum would have been realized from a sale in parcels; or 2. Assale of less than whole would be sufficient to satisty debt. Mere inadequacy of price is not eateral if there is @ right (of redemption. Shocking inadequacy of price may be ground for setting cease a orn CCourt"wfe rendered judgment that became final and eae Recseeaghe rence ‘be promptly defvered to the judgment obligor oF to his Suthorzed representative, unless otherwise diected by thejudgment oF order of the court. *orticer may again the property to the highest bidder, fetus purchaser may be lable for amount of loss ss8btcasioned by such refusal and may be punished for ‘contempt. Officer may reject subsequent bid of refusing purchaser, Section 21. Judgment obligee as purchaser Hf judgment obligee isthe successful bidder: Section 22. Adjournment of Sale 1 both obligee and obligor agree in writing, sale may be adjourned to any date and time agreed upon. Without such agreement, sale may be adjourned from day to day if it becomes necessary to do so for lack of time. Adjournment is a waiver of publication of another notice requirement. Advisers: Atty. Guevarra Atty. Arroyo Alty. Salvador At, Vinluan, judge Bonifacio; Heads: Carissa Faylona, Maria K antos; Understudy: Roxanne Tadique, Alexis Gimagala; Volunteers: Grace Escosia, na Gianka Silva, Nash Marohomsae K Suarez --REMEDIAL LAW REVIEWER. bls ‘Section 23. Conveyance to purchaser of personal property capable of manual delivery After purchaser pays the purchase price, the sheriff must eliver the property capable of manual delivery to the purchaser. If desired, the sheriff shall execute and deliver a certificate of sale. No right of redemption in sales of personal property on execution. ‘Section 24. Conveyance to purchaser of personal property not capable of manual delivery For personal property not capable of manual delivery, the officer must execute and deliver to purchaser certificate of sale (symbolic delivery). wee Section 25. Conveyance of real propelty; certificate thereof given to purchaser and filed with registry of deeds is cenniricare or sate must comrhin, «3 1. Description of real property StF 2. Price paid for each dstnet lotr pani 3. Whole price pads and oye 4 Statement of right of redemptioi 4 year from. = sseotregston tent fee. z bank) Purchaser acquires te | Purchaser acquires ttle after upon expiration of | judicial confirmation of sale redemption period Judgment obligee not | Judgment obligee required to required to pay bid pay excess Purchaser acquires only right, title, interest and claim of judgment obligor. ‘The certificate of sale must be registered in the Registry of Deeds of the place where the property is situated, - eae) ee Cari) (1) Purchaser of property registered under Torrens system acquires the same free from lens or encumbrances nat noted thereon. [AUCTION SALE RETROACTS TO DATE OF LEVY The fact that the 3” party claim was presented 1 day before the execution sale is immaterial i the levy is valid, ‘the sale is also valid (eg. 2 3" party claim was filed after the levy) The purchaser is not entitled to possession during the period of redemption. Section 26. Certificate of sale where property dlaimed by 3" person The certificate of sale to be issued shall make express mention ofthe existence of such third party aim. ‘Sei 27. wo may redeem real property so sold hi RiGHT OF REDEMPTION: "Personal Property None; sales absolute. 2 RealProperty — there is a right of redemption, ‘One who has afien by virtue (of another attachment, Judgment, or mortgage on ‘property SUBSEQUENT to the lien under which the property was sold o Wikfin I year fom the date of registration of the certfcat of sale L Within 1 year from the date of registration of the certificate of sate: or 2. Within 60 days from the last redemption by anather sedemptioner — Advisers: tty. Guevara Att. Arroyo Ay. Salvador Ay. Viniuan Judge Bonaco; Heads: Carissa Fal, Marla Kitna Santos ‘A SURETY IS NOT A SUCCESSOR IN INTEREST By paying the debt, he stands in the place of the creditor, not obligor. RIGHT OF REDEMPTION CANNOT BE LEVIED ON BY JUDGMENT CREDITOR The judgment debtor may, of course, legally sell his right of redemption. Section 28. Time and manner of, and amounts Payable on, successive redemptions; notice to be given ond filed ‘Understudy: Roxanne Tadique, Alexis Cimagala; Veluntocrs: Grace Escosa, Ina Bianka Siva, Nash Marchomsalic,K SuarezREMEDIAL LAW REVIEWER Judgment Obligor has ‘year from registration of | 2 redemptioner has 60 days to. certificate of sale redeem after 1" redemption 3" redemptioner has 60 days zs after 2etc. Once he redeem, no | Further redemption allowed, further redemption's | _evenafter lapse of year, 2: ‘allowed long as each redemption made within 60 days after the ast. CENTRAL BAR af ‘ene N E O ez EEE Written notice of any redemption must be given to the officer who made the sale and a duplicate filed with the registry of deeds of the place. (MEDIUM OF PAYMENT Cash, although Rule 39, Sec. 9a If checkis dishonored, redemptior * hes Af check became stale for not being sfasentedl through no {fault of redemptioner, redemption Walid. "A ‘Whe redeems from the Purchaser: Purchase price + 1% interest + assessment or taxes ‘also creditor w/ prior fen Ihe redeems from redemptioner: ‘Same as judgment obligor. + amount offlien held by last redemptioner prior to his own, w/ interest Section 29. Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon; to whom payments on redemption made If he redeems from redemptioner: Redemption price + 2% Interest + assessment or taxes if judgment obligor redeems, no further redemption is allowed. The person to whom redemption was made must execute and deliver to the judgment obligor certificate of redemption. Payments may be made to the purchaser, redemptioner, or shenif Redemption can be paid in other forms than cash. The rule 's construed liberally in allowing redemption (aid, rather ‘than defeat the right) and it has been allowed in the case ‘of a cashier’s check, certified bank checks, and even ‘ordinary checks. A formal offer to redeem is not necessary where the right, to redeem is exercised through the filing of a cornplaint to redeom in the courts, within the period to redeem. ‘Section 30. Proof required of redemptioner {based on judgment or final order: ‘Must serve copy of judgment or final order, certified by clerk of court {based on Mortgage or other lien, must serve: Memorandum of record, or any assignment, AND affidavit, showing amount due on en ‘to produce proof by redemptioner is walved by jon other grounds. \VAUIDITY OF REDEMPTION NOT AFFECTED BY FAILURE TO PRESENT PROOF 4f person to whom redemption was offered accepts without requiting proof — redemption valid, ‘Section 31. Manner of using premises pending During the period pending the redemption, the court Issues an order to restrain the commission of waste on the ropertyby injunction. WHAT IS NOT COMMISSION OF WASTE 1. Use inthe same a manner previously used; 2. Use inthe ordinary course of husbandry; and 3. Make necessary repairs to buildings thereon, — Advisers: Atty. Guevara Atty. Aroye Atty. Salvador Atty. Vnidan, judge Bonifacio; Heads: Garissa Faylona, Maria Kitna Santos; Understudy: Roxanne Tadique, Alexis Cimagals; Volunteers: Grace Escosa, Ina Blanka Silva, Nash Marchomsalc,K Suarez — 70During the period of redemption, all rents, expenses, ‘income and fruits derived stil belong to the debtor. DURING THE PERIOD OF REDEMPTION, THE PURCHASER (OR REDEMPTIONER 1S NOT ENTITLED TO: 1. Possession; 2. Receive the rents, earrings, and income of property sold on execution; and 3. Reimbursement for improvements, Section 33. Deed and possession to be given at expiration of redemption period; by whom executed or given Upon expiration when no redemption has been within 2 year, purchaser is entitled to co possession of property. 7 Upon expiration when no redemptiga hiss been made within 60. days, last redemptioher is entiled,-ta: conveyance and possession of propery. rth Within 1. year purchaser acquires seers interest and claim of judgment ob year, the purchaser now has his pwn sight and’ acquires, Fight to the property. It is at this time that the writ of! possession is issued, 2 Writ of possession may be enforced’ obligor, successors in-interest but NOT whose right of possession is adverse to the lat . Section 34. Recovery of price if sole not effective; revival of judgment |f purchaser fails to recover possession, is evicted, or his Judgment is reversed, oF the property 1s exempt from execution, or he has a 3" party vindicated claim, purchaser may, on motion or in a separate action: 1. Recover from creditor price paid w/ interest, or 30 much w/e is not retumed to judgment obligor; or 2 Have original judgment revived for whole price w/ interest. ‘The revived judgment shall have the same force and effect, a an original judgment would have as of the date of the revival. ee ee) Section 35. Right to contribution or reimbursement If property is executed against several persons, and more than due proportion has been satisfied, one who pays may ‘compel contribution from the others. {f surety pays, he may compel repayment from the principal. ‘Section 36. Examination of judgment obligor when Judgment unsatisfied Upon return of writ of execution, and judement is stil Unsatisfied, the creditor may ask the court to require the ‘debtor to appear and his property ar income be examined. ‘No judgment obligor shall be required to appear before a ‘court or commissioner outside the province of city in eg ch ben ree or fon PROCEEDINGS SUPPLEMENTARY TO EXECUTION _ The procetditesareto aid judgment creditors in discovery _ of debtors property and its application to the satisfaction Hudgrient. rs to compel the disclosure of any property from execution Examination of judgment obligor’s property and income (Sec. 36); Examination of judgment obligor’s debtor (ganishee) (sec. 37); g 3 Enforcement of attendance and conduct of 7 mination (punishable by contempt) (Sec. 28); udomentobgas debtor may pay ser (Se 39); 5+ Order to apply to obligor’s property in the hands ‘of another, investigate income, expenses, earnings ~ order to fix monthly payments (Sec. 40); 6. Appoint receiver (Sec. 41); 7. Sale of debtor's interest in veal estate (Sec. 42}; and. 8. If gamishee denies debt, court may order creditor to institute action against such person ‘to pay debt (Sec. 43) Section 37. Examination of obligor of judgment obligor Court may order to be examined any person or corporation who has property of the debtor, or is indebted ‘to the debtor in order to bind the credits due to debtor. + faery Gaara Ay Artoyo Ay Sadr A. Vian joe Boniface Sra Faoa, Macs Wa Somos Understudy: Roxanne Yadique, Alexis Cimagata; Volunteers: Grace Escosia Ina Bianka Si, Nash Marchornsali,K Suarer nall N tO poeet ioe eernar ae ‘TATION ‘The garnishee becomes a forced intervenor, cequiting him to pay his debt not to the judgment debtor but to the creditor (a form of involuntary novation) Section 38. Enforcement of attendance and conduct of examination ‘A party or other person may be compelled, by an order of subpoena, to appear before the court or commissioner to testify as provided in Sections 36 & 37. Fallure to obey such order or subpoena may be purished by contempt, \fexamination is before a commissioner, he must take it in writing and certify i tothe court. All examinations and answers must be under oath. Section 39. Obligor may pay execution/gainst obfigee Shoriffs receipt shall mean a. di ald and shall be credited by the obliges ie Secon. rer pen fry on qT income to satisfaction of judgment. Court may order property of judgment due him, in the hands of either himself applied to the satisfaction of the judgment. Investigation of income and expenses — if it appears earnings are more than necessary for support of family, ‘the court may order that he pay judgment in fixed monthly installments; otherwise, he may be charged with indirect contempt. Section 41. Appointment of receiver The sherif is not a proper person to be appointed as Section 42. Sale of ascertainable interest of Judgment obligor in real estate If Judgment obligor has interest in real estate (as mortgagor or mortgagee, or otherwise) and his interest can be ascertained without controversy, receiver may be ‘ordered to sell and convey realestate or interest therein. + ‘A person or corporation that has property ofthe obligor, i Indebted to him, claims an interest in property adverse to him, or denies debt; the Court may: 41. Authorize the judgment obligee to institute an action against the person or corporation for recovery of such interest or debt; 2. Forbid transfer or other disposition of such Interest or debt within 120 days from notice of order; or 3. Punish disobedience of such order via contempt. ‘uch order may be modified or vacated at any time by the ‘court which issued it, or by the court in which the action is ‘brought, upon such terms as may be just. ” ‘cannot make a finding that the 3" person has in his property belonging to judgment debtor or is him and order said person to pay amount to ¢ i Settion 44, Entry of satisfaction of judgment by PB clerk of court obligee is obliged to execute and acknowledge ‘admission of satisfaction of judgment only if judgment obligor demands. ENTRY OF SATISFACTION OF JUDGMENT-WHEN MADE 1. Upon return of execution satisfied; 2 Upon filing of admission of satisfaction by creditor, 3. Upon indorsement of such admission; or 4. Upon order of the court. Creditor who compels satisfaction of judgment loses right of appeal. Debtor who voluntary satisfies judgment loses right to appeal. But, the debtor who is compelled to pay does NOT lose right to appeal. —Advisers: Atty. Guevara Atty. Aroyo,Alty. Salvador Att. Vinivan Judge Bonifacio; Heads: Garssa Faylona, Maria Keitina Santon; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasia, Ina Bianka Silva, Nash Marohomsalic, K Suarez — nREMEDIAL LAW REVIEWER, necessary to make ‘consignation Court may direct money to ’be paid to the court, and ‘order entry of satisfaction of judgment Principal also bound by judgment ‘Surety should notify principal and request him to jotn ia defense; surety must stil fle separate action for ‘reimbursement but principal can no longer set up defenses w/che could have set up in the original action If principal not notified, he may set up defenses in a ‘The principal is bound by the same judgment from the time he has notice of the action or proceeding and has been given an opportunity at the surety's request, to join the defense. Section 47. Effect of judgment or final orders Paragraph (a) refers to rule on res judicata in judgments IN REM. — Advisers: Atty. Guevarra Atty. AToyO,Alty, Salvador Ay, Vnkvan Judge Bonifacio; Heads: Garis Faylona CENTRAL BAR OPERATIONS 2010 ‘Against a specific thing ae ‘nrespect to the personal, politcal, or legal condition | relationship of the person ‘or status of a particular person _ Paragraph {b) refers to as “bar by former judgment or res Judicata in judgments IN PERSONAM. RES JUDICATA matter acjuiged ‘An easing final judgment of decree rendered on the tis conclasive upon the rights of the parties or their Drives, in all other actions or suits inthe same oF any ‘other jitcia! tribunal, on the points and matters in issue tthe fist ut. yo 2% ttle based onthe principle that parties should not Itgate [ ZZ the same mater more than once, “REQUISITES OF RES JUDICATA. 1. Former judgment or order must be final and cxectory, {2 Court as jurisdiction over subject matter and > 3. Former S 5, Famer denen or onder wat on mars and 4:S7identity of parties, subject matter, and cause of J ion tetwean frst and second action, Test Determine IDENTITY OF CAUSE OF ACTION. Whether the same evidence would sustain both causes of action, NOTE: Fes judicata applies only between adverse parties ina former suit, NOT between co-parties. Paragraph (c) is known 2s “conclusiveness of judgment” ‘or precision of issues or rule of AUTER ACTION PENDANT, ‘CONCLUSIVENESS OF JUDGMENT lssues actualy and directly resolved in a former suit ‘cannot again be raised in any future case between the: same parties involving a different cause of action, Santos ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunters: Grace Escosia, Ina Bianka Siva, Nash Marohomsalic, K Suarez —REMEDIAL LAW REVIEWER. ed eed OPERATIONS 2010 ‘SCOPE (Section 2} This Rule shall govern the procedure in actions before the ‘Metropolitan Trial Courts, Municipal Trial Courts in Cities, ‘Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does ‘not exceed One Hundred Thousand Pesos (P100,000.00) ‘exclusive of interest and costs. APPUCABILITY (section 4) The Metropottan Trial Courts, Municipal Ti Courts in (ies, Municipal Tal Courts, aod Municipal Crt Tel Courts sal apply this Rule nal actions, which ae: 1. Purely civil in nature where the claim or relief prayed for by the plaintif solely for payment or semen of sum of money, and 2, The gv aspect of ciinal actions, either filed before Section 48. Effect of foreign js oF final» the instition of the ctiminal action, or reserved é ‘upon the filing of the criminal action in court, pursuant tp Rule 111 of the Revised Rules of Criminal between the parties and their by a subsequent tite. In both instances, the judgment maybe repelled evidence of want of jurisdiction, notice, col fraud, or “e. Contract of Mortgage; clear mistake of law or fat. ma or damages arising from any ofthe following 2. Faultor negligence: ENFORCEMENT OF FOREIGN JUDGMENTS b Quast-conmcr or By filing an action based on said judgment; foreign a Judgments presumed tobe valid and binding 3, The enforcement of @borangay amicable settlement or an arbitration award invoking @ money cam RECOGNITION OF A FOREIGN JUDGMENT ower by ths Rue pursuant to Set: 417 of Republe aise te foreign judement a5 res judicata inthe defense ‘Act 7160, otherwise known asthe Loco! Government (notin a separate action. Code of 1991. ‘COMMENCEMENT OF SMALL CLAIMS ACTION (Sec. 5) ‘Small elzims action is commenced by filing with the court an accomplished and verified Staternent of Caim (Form 1- SCC) in duplicate, accompanied by a Certification of Non- ‘forum shopping (Form 1-A, SCC}, and two (2) duly certified photocopies of the actionable dacument/s subject of the aim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause Is + — Advisers: Atty. Guevarre,Aty, Arroyo, AUty. Salvador Aly, Vnluan Judge Bonifacio; Heads: Garissa Faylona, Marla Kristina Santor Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, ina Banka Siva, Nash Marohomslie, K Suarez‘shown for the admission of additional evidence. No formal pleading, other than the Statement of Claim described in this Rute, is necessary to initiate a small claims action. JOINDER OF CLAIMS (Section 6) Plaintiff may join in a single statement of cleim one or ‘more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed 100,000.00. AFFIDAVITS (Section 7) ‘The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissibie in evidence. violation of this requirement shall subject the party, and the counsel who assisted the party in the preparat the affidavits, if any, to appropriate disciplina inadmisble fdas) or poons) thle? ‘expunged from the record. é PROHIBITED MOTIONS (Section 14) ‘The following pleadings, motions, allowed in the cases covered by th 1. Motion to dismiss the c ground of lack of jurisdiction; 2. Motion fora bill of particulars; 3. Motion for new trial, or For jiudgment, of for reopening of triak, 4. Petition for relief from judgment; ed ee ee Ee JUDICIAL DISPUTE RESOLUTION (Section. 21) ‘Atthe hearing, the Judge shall conduct Judicial Dispute Resolution (IDR through mediation, conciation, early neutral evaluation, or any other mode of JDR. Any settiement (Form 7-SCQ) or resolution (Form 8-SCC) of the sispute shall be reduced into writing, signed by the parties ‘and submitted to the cour for approval Form 12-SCc) [FRESH PERIOD RULE ‘+A party litigant may either file his notice of appeal within 15 days from receipt of the Regional Trial Court's decision or fle ft within 25 days from receipt of the flnal order denying, his ‘motion for new trial or motion for reconsideration. The new 15-day period may be availed of only if either motion i fled; otherwise, the decision becomes final and executory after the lapse of the original appeal od provided in Rule 41, Section 3. (Neypes v GR. No. 141524, 14 September 2005) Re 44: Appeals from RTC ‘Rule 42: Petitions for review from RTC to CA Rule 43: Appeats from quasi-judicial agencies to cA Role 45: Appeals by certiorari to the SC read 5. Motion for extension of time to fle in oper to standardize the appeal periods provided in the ‘affidavits, or any other paper; ‘of Court and to afford litigants fair opportunity to 6 Memoranda; 7. Petition for certiorari, mandamus, or prohibition ‘against any interlocutory order issued by the court; 8. Motion to dectare the defendant in default; 9. Dilatory motions for postponement; 20. Reply; LL. Third-party complaints; and 12. Interventions APPEARANCE OF ATTORNEYS NOT ALLOWED (Section 17) No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendont. if the court determines that a party cannot Properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the later's consent. appeal their cases. The new rule aims to make the appeal period uniform, to be counted from receipt of the order denying the Motion for New Trial or Motion for Reconsideration (whether full or partial), or any final order or resolution. RULE 40 ‘APPEAL FROM MUNICIPAL TRIAL COURTS TO. ‘THE REGIONAL TRIAL COURTS Section 4. Where to appeal ‘An appeal from a judgment or final order of an MTC may be taken to the RTC exercising jurisdiction over the area to which the former pertains. —Rabvisers: Atty, Guevara, Atty. Arroyo Atty. Salvador Aty Vnluan judge Bonifacio; Heads: Garisa Faylona, Marla Ki Understudy Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasia, In Bianka Sita, Nash Marohomsalic,K Suarer 8REMEDIAL LAW REVIEWER @ lla oT OPERATIONS 2018 ee ‘origin, but the party appealing shall be further referred to as the appellant and the adverse party, the appellee. [MODE OF APPEAL: by Notice of Appeal Section 2. When to appeat Appeal may be taken within 15 days after NOTICE of judgment or final order appealed from. Where a record on appeal is required, the appellant shall file @ natice of appeal and a record on appeal within 30 days after notice ofthe judgment or final order. The period of appeal shall be Interrupted by 2 timely Motion for New Trial or Motion for Reconsideration No extension of time to file @ Motion for New. The rule on interuptin of the perf appa! and prohibition of 2 metan for estroge a Meron for few Tat or Reconsteaton Te the some 2 the Fo thereon inthe RTC (Rule 4, See 3). This fs n eSsopandec eotoni, - “with the policy on uniformity of pro z [eee Section 3. How to appeal oe pepe gga spc me cer eet BY judgment or final order appealed from, ‘The Notice of appeal should indicate: 1. Parties to the appeal; 2. Judgment or final order or part thereof from; and 3. Material dates showing the timeliness of the appeal. RECORD ON APPEAL shall be required only in: 1. Special proceedings; and 2. Other cases of multiple or separate appeals. Copies of the notice of appeal and the record on appeal (when required) shall be served on the adverse party The requirement for “material dates showing the timeliness of the appeat isthe same as the “material data rule” applicable to records on appeal with respect to the contents thereof, and for the same reason which impelled the adoption of this rule + Matter of Matter of discretion ee = ‘Notice of of record on led with the CA appeals fled with the court of origin Section 4. Perfection of appeat; effect thereof Governed by Rule 41, Section 9. ‘Section 5. Appellate court docket and other lowful fees ‘Within the period for taking an appeal, the appellant shal 10 the clerk ofthe court which rendered the judgment ‘order appealed from, the full amount of the appellate gourt docket and other lawful ees. of of bayment shall be transmitted to appellate court F with the original record or the record on appeal, 2 Se case a Pagar net condition precedent for perfection of ‘appeal but must be paid within the period for taking P09 appeat otherwise, itis 2 ground for dismissal of appeal. ake ‘However, Ui appellate court not without power to thereto on justifiable cause, instead of the appeal on that sole ground. ‘Section 6. Duty of the clerk of court ‘within 15 days from the perfection of the appeal, the clerk of court, or the branch clerk of court, of the lower court shall transmit the original record on appeal, together with ‘the transcripts and exhibits, which he shall certify as ‘complete, to the proper RTC. ‘copy of his certification shall be furnished the parties. ‘Section 7. Procedure in the Regional Trial Court 1. Upon receipt of the complete record or the record on appeal, the clerk of court of the RTC shall notify the parties af such fact; 2. Within 15 days from notice, It shall be the duty of the appellant to submit a MEMORANDUM to briefly discuss the errors imputed to the lower court, and a copy shall be furnished by him to the adverse party; — Adviser: Ait. Guevara Ay. Arroyo Atty. Salvador Aty VinluanJudge Bonifacio; Heads: Garisea Faylona, Marla Kristina Santon; ‘Understudy: Roranne Tadique, Alexis Clmagala; Velunteess: Grace Escosa, a Blanka Siva, Nash Marohomiali,K Suarez — ®REMEDIAL LAW REVIEWER 3. Within 15 days from receipt of the appeliant’s memorandum, the appellee may file his ‘MEMORANDUM; and 4. Upon fling of the memorandum of the appelice, ‘or the expiration ofthe period to do so, the case ‘hall be considered SUBMITTED FOR DECISION. ‘The RTC shall decide the case on the basis of the entire record of the proceedings in the court of origin and such memoranda as are filed. NOTE: Failure of the appellant to fle a memorandum shall bbe a ground for the dismissal of the appeal. NOTE: Where the party has appealed by counsel in the inferior court, the notice should be sent to his attorney; but if the notice is sent to the party himself and he actually received the same, such notice is valid and binding. a OPERATIONS 2010 NO APPEAL MAY BE TAKEN FROM: (PISSED) 1. An order denying a petition for reliet or any similar motion seeking relief from judgment; 2. Aninterlocutory order; ‘Anorder disallowing or dismissing an appeal; 4. An order denying a motion to set aside a judgment by consent, confession or compromise fon the ground of fraud, mistake, duress or any ‘other ground vitiating consent; 5. Anorder of execution; 6A judgment of final order for or against one or more of several parties or in separate claims, ‘counterclaims, cross-ctaims and third-party ‘complaints, while the main case is pending, Lunless the court allows an appeal therefrom; and 7. Anorder dismissing an action without prejudice. such instances, the aggrieved party may resort to stg SPEC! cil action under Rule 65, that 6, 2 petition for Section 8. Appeal from orders dismissingsthé' Case oF prohibition and, in the case of an order without trial; lack of jurisdiction Hf an appeal is taken from an ordeg‘of the lower court. Reig the ase witout trl the mah ITE ‘may affiem or reverse it. Bee fee If affirmed: and the ground of iné Keil ek oF Jurisdiction over the subject mattef the -RTC, if i has Jurisdiction, shall try the case on the merits as if the cai |) {) ‘was orginally filed witht. BENTHAL 1 reversed: the case shall be renlanded for fii’ ® proceedings Be If the case was tried on the merits by the lower Siu. ‘without jorsiction over the subject matter: the RTC on Sopeal shall NOT domiss the tase if € has oral Jutsdiion thereof, but shall decide “the casein accordonce with section 7, without prejudice to the dcimssion of amended pleadings and aditonalevcence inthe intrest of justice. ‘Section 9. Applicability of Rule 41 RULE 41 ‘APPEAL FROM THE REGIONAL TRIAL COURTS Section 1. Subject of appeal {An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. ie dail ‘or dismissing an appeal, a petition for INTERLOCUTORY ORDER — An order which does not ‘spose of the case but leaves something else to be done ‘by the tral court.on the mets of the case. Where the order is interlocutory, the movant has to wait for the judgment and appeal. On appeal, he can assign as feror the inteflocutory order. The interlocutory order toot sogte om separately from the judgment. “RULE: Where the Interloaitory order was without or in excess of jurisdiction or with erave ‘of discretion, the remedy is certiorari prohibition oF ‘mandarwus, depending on the facts of the case, Where the order appealed from is interlocutory, the appellate court can dismiss the appeal even if no objection thereto was filed by the appellee in either the trial or appellate court. (Rule 50, Section 1) —Achisers: Ally. Guevarra Atty. ArtoVo, Atty. Salvador Ay, Vinvuan Judge Bonifacio; Heads: faylons, Maria Kris Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, na Banka Siva, Nash Marohomsalic,K Suarez — n‘Appeal to the CAin cases decided by ‘the RTC nts ‘original jurisdiction Although the term used in the second mode is “petition for review,” just fike in appeals from the quas}judicial agencies under Rule 43, it should not be confused with the “petition for review on certiorart” under the third mode, hich is 2 distinct procedure under Rule 45, Nor should the use of the word “certiorar” in the latter be mistaken for the special civil action for certiorar!in Rule 65, which is ‘not a mode of appeal but an orginal action. el a) OPERATIONS 2016 Section 3. Period of ordinary appeat; appeal in habeas corpus enses 15 days from notice of the Judgment or final ‘order appealed from. ‘+ Ifa record on appeal is required, file notice of ‘appeal and record on appeal within 30 days from notice of the judgment or final order. ‘© In habeas corpus cases, 48 hours from notice of Judgment or final order appealed fram. © The period shall be interrupted by a timely ‘Motion for New Trial or Motion for Reconsideration. ‘+ No motion for extension of time TO file a Mation {or Reconsideration or Motion for New Til shall be allowed (same mule as MTC-RTC appeals), ‘except In cases pending with the Supreme Cour. en NE RULE: Perfection of appeal within the reglementary period i jurisdictional. Pe octaindpel “ot When there has been extrinsic fraud, accident, mistake of |S excusable negligence (FAME), resort to Petition for Relief from Judgment under Rule 38 may be had. (Hoboluyas v. Jepson, 142 SCRA 208 (1986) The of appeal may be extended under Ea ‘the gound discretion of the court. 25 © Thé’mere filing of the motion for extension of to perfect the appeal does not suspend the Questions of | Question of lw running of the reglementary period. fact, oflew, or | from jk | mixed or final order] '* Ifthe extension is granted, and notice thereof is questions of | rendered by RTC served AFTER the expiration of the period to factand law | inthe exercise of appeal, the extension must be computed from its appetiate the date of notice. jurisdietion + if no ation is taken on the motion fr extension, or if its denied after the fapse of the period to appeal, the right to appeal is lost. Even if the appeat was filed out of time, the court stil has jurisdiction to admit and give due course to it, provided there are justifiable reasons (e.g. in the exercise of the equity jurisdiction of the courts, where a stringent application of the rule would not serve the demands of substantial justice). This is tantamount to a vakd order _ranting the extension if any is prayed for. Advisers: Atty. Guewarra Atty. Arroyo, Atty. Salvador AtYy. Viniuan,ludge Borifac; Heads: Carissa Fayiona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Gimagals; Volunteers: Grace Escasa, In Blanka Siva, Nash Marohomsalic,K Suarez — 78‘Section 4, Appeliate court docket and other lawful fees Same as in Rule 40, Section 5. Notice of appeal 11. Indicate the PARTIES to the appeal, 2. Specify JUDGMENT OR FINAL ORDER or part thereof appealed from; 3. Specty the COURT to which the appeat is being taken; and 4. State’ the MATERIAL DATES showing the timeliness of the appeal. Even if no notice of appeal was filed or served, such defect may be disregarded if there was a record on appeal duly filed or served, because it i equivalent to @ notice o appeal. 7 es OPERATIONS 2010 Peed Subject index (ifthe record on appeal exceeds 20 pages). Things that are purely matters of form and which are correctible by amendment should not be made a ground for dismissal ofthe appeal ‘© Fallure of counsel to sign the record on appeal is ‘not a ground for dismissal of the appeal (See however, Rule 7, Sec. 30n unsigned pleadings). + Failure of the record on appeal consisting of ‘more than 20 pages to have the requisite subject Index and to contain the full names of the parties in the caption is not 2 ground for sismissal. ‘+ These are purely matters of form correctible by amendment, which the trial court may order to ‘bedone. Material data rua” nocd not be observed if the til bin, sedan oder tothe etc thatthe appes! was perfected withthe fling of the note of the fecrd on appeal within the relementary Full names of all the parties to thé recent Bat AE Section 7. Appcovel of record on appeal sated inthe caption of the record on sepa | ere It shall include: po 1. Thejudgment or inal order fof wich the'apeal ee taken; 2. In chronological order, copies of onty sith pledines Petitions, motions and all i ordersa-arg ie eee eat ‘the proper understanding of the issues tayolved; and 3. Together with such data as will show \was perfected on time (MATERIAL DATA RULE}. IW an issue of fact is to be raised on appeal: the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involved. Reference shall specify: 1. Documentary evidence by the exhibit numbers for letters by which it was identified when admitted or offered at the hearing: and 2. Testimonial evidence by the names of the corresponding witnesses, If the whole testimonial and documentary evidence in the case Is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses ‘or the numbers or letters of exhibits. ‘geht —Aabvisers: Atty. Guevarra Ally. AToyO Atty. Salvador Ait. Vieluan judge Bonifacio; Heads: Garissa Favlona, ‘Upon fing ofthe record on appeal for approval AND i 0 ‘objection is fill by the appeliee within 5 days from {receipt ofthe copy thereof the trial court may: LB 1 Approve tas presented; OR Bt ‘ssue of law or fact involved inthe appesl. Wf the TC orders the amendment thereof, the appellant shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, ‘upon notice to the appellee, in like matter as the original draft. A record on appeal does not have ta be set for hearing in the trial court by the appellant, as itis deemed submitted for approval upon its fling and the rule merely requires the adverse party to file any objection thereto within 5 days. Sos; ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volurtees: Grace Escosia, Ina Blanka Silva, Nash Marohomsalc.K Suarez —REMEDIAL LAW REVIEWER all Oper GENERAL RULE: An ordinary appeal stays the execution of judgment EXCEPTIONS: 1. Decisions of quasi-judicial bodies appealed to the ca; 2. Executions pending appeat; and 3. Cases covered by Summary Procedure. Section 8. Joint record on appeal ‘Section 9. Perfection of appeal; effect thereof Deemed — | Deemed perfected 2sto WHEN THE | perfected sto | him with respect to the APPEALS | himuponthe | subject matter thereof DEEMED ‘upon the a In ither case, prior to the transmittal of the ofigial record folowing residual powers}: (POA) 1. Issue orders for the protection and preservation of the Fights of the parties which do not invoke any matter litigated by the appeat 2. Approve compromises 3. Permit appeals of indigent litigants 4. Order execution pending appeal in accordance with Sec. 2, Rule 39 5. Allow the withdrawal ofthe appeal While he can withdraw his appeal, he cannot do so in Corder to revive the jurisdiction ofthe tral court and enable hhim to take another course of action calling for the exercise of that Jurisdiction, such as the filing of a motion {for new tial or reconsideration. This is so because by filng, his notice of appeal, insofar as he is concerned, he has perfected his appeal to the appellate court and it Is in that court where he can pursue any further reroedy. fof the record on appeal, the court may still [exercise-the Advisers: Atty. Guevarra Atty. Arroyo, Atty. Salvedor Atty. Viniuan, judge Bonifacio; leads: Garissa Faylona, Maria Kristina Santos; Section 10. Duty of clerk of court of the lower court upon perfection of appeal ‘Section 11. Transcript Section 12. Transmittal Section 13. Dismissal of appeal Prior to the transmittal of the original record or the record on the appeal to the appellate court, the trial court may, motu proprio or on motion, dismiss the appeal for having been taken out of time or for non- payment of the docket and other lawful fees within the reglementary period. ‘The period to appeal is mandatory and jurisdictional. jure to appeal on time makes the decision final and ‘execinory and deprives the appellate court of Jurisctn. "However i 3 few instances, the court has allowed due [Eburse to suth appeals on strong and compelling RULE 42, REVIEW FROM THE REGIONAL TO THE COURT OF APPEALS “RIC CAin the exercise the CA's appollate jurisdiction STEP 1: Fle @ VERIFIED PETITION FOR REVIEW, within 15 days from notice of the decision, or of the denial of the MNT or MR, ‘+The CA may grant an additional period of 15 days ‘only within which to file the petition fr review. ‘+ No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days. STEP 2: Pay clerk of court the corresponding docket and other lawful fees and deposit P500 for costs. STEP 3: Furnish the Regional Trial Court and the adverse party witha copy of the petition. Understudy: Roxanne Tadique, Alexis Cimagala;Volunters: Grace Escosia, Ina Bianka Siva, Nash Marohomsalic, K Suarez — 80ATENEO lL OPERATIONS 2010 NOTE: Rule 41 refers to regular appeals from the RTC exercising original jurisdiction, while this Rule contemplates that said court is exercising appellate jurisdiction. In the first situation, an appeal on pure ‘questions of law cannot be taken to the CA and such Improper appeal will be dismissed pursuant to Rule 50, Sec 2. However, as hereafter explained, appeals to the CA from the RTC under Rules 42 and 43 may be made solely ‘on questions of law. Section 2. Form and contents The petition shall be filed in 7 legible copies, with the original copy intended for the court being indicated as such by the petitioner, and shall 1 State the full names of the parties to the ease, without impleading the lower courts or judges ‘twas filed on time; Section 3. Effect of failure to comply with requirements ‘The fallure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal thereof: 1. Payment of the docket and other lawful fees; 2. Deposit for casts; 3. Proof of service of the petition; and 4. Contents of and the documents which should ‘accompany the petition. PURPOSE: To eliminate the causes of judicial backlog and delay in light ofthe experience of the appellate courts. ‘Section 4. Action on the petition ition, not a mation to dismiss, within 10 days dere air erties abe 2 Ina he see ater ete ‘that ONS etree tte 3. Set forth concisely a statemeiit of the matters Involved, the issues raised, the specification of errors of fact or law, or both, ee reasons or arguments / mite bythe Reson Til Cont ae frominotice; OR 2, “Dismiss the petition iit finds the same tobe: © a. Patently without ment; - b. Phosecuted manifestly for delay; oF © That the questions raised therein are too allowance of the appeat; Brick Z 7 a 4. Be accompanied by clear legible dupficste aps to require consideratior ‘oFenals or true copes of fidgmenis oF Bal 2S gaa erdes of bth wer cour, cert corel by, SetionS. Content of comment the clerk of court of the RTC; the umber of plain copies thereot and of the pleadings and other material ‘Rgrtions of the 4 Fecord as would support the alegaions of the petition. “Sanaa ‘The petitioner shall also submit together with the petition ‘a cettfication against forum shopping. ‘The appeal under this Rule may be on either questions of fact or of law or on mixed questions of fact and law. ‘The lower courts or judges that rendered the judgment or final order complained of should not be impleaded as parties. The same prohibition is now provided in petitions for review on certiorari under Rule 45, since these are petitions for purposes of appeal and not petitions in original actions. by certified true copies of such material of the record referred to therein together ‘other supporting papers and shall: State whether or not he accepts the statement of matters involved inthe petition; . Point out such insuffciencies or inaccuracies as he believes exists in petitioner's statement of matters involved but without repetition; and State the reasons why the petition should not be sven due course, ‘A.copy of the comment shall be served on the petitioner, ‘Section 6. Due Course IF the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition. ro eee ot SESE EEE AEE Ee —Adjsers: Atty. Guevarra Atty. Arroyo Aty.Sevador Ait. Vinlusn Judge Bonllado; Heads: Garisa Faylona, Marla Kristina Santos; ‘Understudy: Roxanne Tadique, Alexis Cimagata; Volunteocs: Grace Escosa, a Bianka Siva, Nash Marohomsalic K Suarez — aLREMEDIAL LAW REVIEWER » ATENE = a) NOTE: Petition for review is not a matter of right but discretionary on the CA. t may only give due course to the petition if it shows on its face that the lower court has ‘committed an error of fact and/or law that will warrant reversal or modification of the decision or judgment sought to be reviewed. Section 7. Elevation of record ‘+ The elevation of the records is discretionary with the: A. '* Done within 15 days from notice. '* Records remain with the trial court because it may stil ssue a warrant of execution pending appeal, and, in some cases (eg. efectment and those of Summary Procedure), the judgments are immediately executor. The CA may: 1. Dismiss the petition outright: 2. Require a comment thereon; or.“ 3. Require subsequent exchanges by the parties (ee repy). ae a hie, A rejoinder (to te rei) i no longer required ier las” 7° No, $9-2-045 (15 March 1999) Uno k @ of thE. reply, the Court shall resolve eithelt8:°". 4-0?" § 1. Give due course to the the case submitted for defo pleadings; OR b) require the ‘their respective memeranda; of 2. Deny or dismiss the petition. + No new issues may be raised by 2 ‘Memorandum. ‘Issues raised by a party in previous pleadings but not included in the Memorandum shall be ‘deemed waived or abandoned. © Being a summation of the parties’ previous pleadings, the Memoranda alone may be ‘considered by the Court in deciding or resolving the petition. Section 8. Perfection of appeal; effect thereof Upon the timely filing of a petition for review and the payment of the corresponding docket and other fawful ‘ees, the appeal is deemed perfected as to the petitioner. In the ‘The ATC loses jurisdiction over the case upon the perfection of the appeal filed in due time and the ‘expiration ofthe time to appeal ofthe other partis. . ee) OPERATIONS 2010 © the’ case oncertain specified issues thereof for oral Prgumer fay rete tater memoria fter sock However, before the CA gives due course to the petition, the RTC may still exercise residual powers (IAPOA).. Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final ‘order, UNLESS the CA, the law, or the Rules provide otherwise, GENERAL RULE: A perfected appeal stays the challenged judgment or inal order. EXCEPTION: This is not applicable to civil cases under the Rule on Summary Procedure which provides that the decision of the RTC in civil cases governed by sald Rule, Including forcible entry and unlawful detainer cases; shall be immediately executory without prejudice to a further _appeal that may be taken therefrom, _Section 9. Submission for decision the petition seven due course, the CA may: 1. “Set the case for orl argument; 2. Require the parties to submit memoranda within, 2 petiod of 15 days trom notice. “The case shall be deemed submitted for decision upon the ‘Hling-of the last pleading or memorandum required by ‘thes¢ Rules or by the Court. ‘The appellate court may, motu propio or on motion, set ‘oral angiient or allow the submission of memoranda in argument. RULE 43, ‘APPEAL FROM QUASI JUDICIAL AGENCIES TO ‘THE COURT OF APPEALS Section 1. Scope Decisions of the Court of Tax Appeals are not appeatable to the Supreme Court by petition for review on certiorari Under Rule 45, pursuant to RA $282 which amended RA 1125, Voluntary arbitrarors authorized by law — inchide the voluntary arbitrators appointed and accredited under the Labor Code or pursuant to the provisions of RA 876 as they are considered Included in the term “quasijudicial instrumentalities” — Advisers: Atty. Guevara Atty. Arroyo Aty. Salvador Ay Vien judge Bovifaci, Heads: Clarissa Faylona, Maria Santos; "Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, na Blanka Siva, Nash Marohomsli,K Suarez — 22The Office of the Prosecutor is NOT a quastjudicial body and its action approving the fing of an information is not appealable to the CA under Rule 43. © Appeals from decisions of the office of the ‘Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43. Rule 4315 inapplicable when there is an allegation that the resolution is patently legal and issued with grave ‘abuse of discretion. (Fabian v. Desierto, 295 SORA 470 (1998)) + Any appeal by way of petition for review from 2 decision or final resolution or order of the ‘Ombudsman in administrative cases, or special cwvil action relative to such decision, resolution or order filed with the Court after 15 March 1998 shall no longer be referred to the Court of Appeals, but must CENTRAL BAR EU ‘Special rules of procedure have also been adopted for cases formerly within the jurisdiction and adjudicatory processes of the SEC, (See Regalodo 10" ed. P. 573) ‘Section 3. Where to appeal ‘An appeal under this Rule may be taken to the CA within the period and in the manner herein provided, whether the appea! involves questions of fact, of law, or mixed {questions of fact and law. ‘This is another instance where an appellate review solely ‘on a question of law may be brought to the CA instead of the SC. The same procedure obtains in appeals from the RTC where it decided the case in the exercise of its appellate jurisdiction as regulated by Rule 42. bbe forthwith DENIED or DISMISSED rept tome 7 ICETTONS to the general rule that appeals on pure No. 99-2.02.56, 9 February 1999), . An eanon or Wewent one we ou ay commit in the exercise of its and which 5 ‘error is reviewable only by ar/-appeal (Rule, 43/43 oth v Crone 2695024 EAC) Ee Ee + An ERROR OF a% complained of was issued by thé cour officer ‘quasi-judicial body or it 4 ‘excess. of Iuristtion, or with grave abuse of discretion which is: ‘tantamount to lack or in excest-of jurisdiction. This." ‘error is correctable only by the Certiorari (Rule 65}. (Fortich v. (a988)) ‘Appeals from awards, judgments, final orders or resolutions of any quastjudicial agency exercising quasi- judicial functions, including the Office of the President, ‘may be taken to the Court of Appeals by fling a verified petition for review within 15 days from notice of the said judgment, final order or resolution, whether the appeal involves questions of fact, of law, or mixed questions af fact and law. Section 2. Cases not covered Judgments or final orders issued under the Labor Code of the Philippines. Judgments and final orders or resolutions of the NLRC are now reviewable in the first instance, by the CA on certiorari under Rule 65, but those of the Employees Compensation Commission should be brought to the CA ‘through a petition for review under this Rule. e ge te eee Sof law are brought to the SC (Art Vil Sec 5(2W) ore fale §2 ad 43 Section 4. Pettod of eppeal Webi 15 daytcom notice ofthe award judgment, fal “Oider or resolution, or from the date of its last publication, “ publication is required by law for its effectivity, or of the denial of petitioner's MNT or MR duly filed in accordance with the governing law of the court or agency a quo. Upon préper motion and the payment of the full amount ofthe docket fee before the expiration of the FY period, the CA may grant an additional period of 15 days only within which to file the petition for review. No further extension shall be granted except for the most ‘compelling reason and in no case to exceed 15 days. Section 5. How appeal taken ‘STEP 1: File a VERIFIED PETITION FOR REVIEW with the CA. + 7legible copies ‘+ Proof of service of a copy thereof on the adverse party and on the court or agency a quo. ‘+ The original copy ofthe petition intended for the ‘CA shall be indicated as such by the petitioner. ‘STEP 2: Pay to the clerk of court docket and other lawful {ees and deposit the sum of P500 for costs, ~ Advisers: Atty. Guevara Aity. Arroyo Atty Salvador Ay Viniuan Judge Bonfaco; Hic GarissaFaylona, Mara Kisina Santos: ‘Understcy: Roxanne Tadique, Alexis Cimagals; Volunteers: Grace Escosia, ina Blanka Sve, Nash Marohornsai K Suarer 8koe REMEDIAL LAW REVIEWER via ‘+ Exemption from payment of fees and the deposit for costs may be granted upon verified motion setting forth valid grounds therefore. ‘+ Ifthe CA denies the motion, the petitioner shall pay within 18 days from notice of denial, ‘Section 6. Contents of the petition 1. Full names of the parties to the case, without ‘mpleading the court or agencies whether as petitioners or respondents; 2 Concise statement of the facts and issues Involved and the grounds relied upon for the 3. Accompanied by 3 clearly legible duplicate ‘original or a certified wue copy of the award, judgment, final ocder or resolution appealed from together with certified true copies of such material portions of the record et ee OPERATIONS 2010 Section 9. Contents of comment ‘The comment shall be filed within 10 days from notice in 7 legible copies and accompanied by clearly legible certified true copies of such matetial portions of the record referred to therein together with other supporting papers. ‘The comment shalt: 4. Point out insutficiencies and inaccuracies in petitioner's statement of fact and issues; and State the reasons why the petition should be denied or dismissed. ‘A.copy thereof shall be served on the petitioner, and proof (of such service shall be filed with the CA. ‘The appellate court may also require the filing ofa reply, bbut further submissions are governed by the resolution in No.99-2-04, ‘therein and other supporting 4+ Syom certifeation agzinstforumhopping: and Sectio#40. Due course 5 Matra dates showing that was fled within. era. the period fied therein. a $34 Fonsmitto of record ieee ‘+ Section 6 of Rule 43 does not requite thst of ha 12. effect of sipporting papers or ihe a cs fe a legible duplicate originals or Gettified true copicsiot 2 the judgment o final orders ofthe lower courts: (lara: . | ¥. 04377 SCRA 282 (2002) ne i Under Rule 42, only judgments or final ors ofthe lower 1? E courts need to be certified true copies te originals 2 ‘The same fs true with respect to a simitar requirement in Rule 45 and in original actions for certiorari under Rule 65 in relation to Rules 46 and 56. Section 7. Effect of failure to comply with requirements ‘Section 8. Action on the petition Same as Rule 42. + Advisers: Nty, Gueverra Atty Arroyo Atty. Salvador Atty. Viniuan judge Bonifacio; Heads: Gasca Favor, Maria Kristina’ ‘The ‘appeal shalt not stay the award, final order, or resolution sought to be reviewed UNLESS the CA shall direct otherwise upon such terms as it may deem just. NOTE: Sec 12 of this Rule has been interpreted to mean that the appeal will not stay the award, judgment, final order or resolution unless the governing law directs otherwise, RULE 44, ORDINARY APPEALED CASES Section 1. Title of cases Uf the title of the case commenced in the trial court is ‘erroneous as where a non-party is impleaded, such as the public respondent or the vial judge or @ nominal party ‘who should not be a party to the appeal, the appellate Court may effect the corresponding change or correction of the ttie of the case on appeal, indicating ints decision the reason for doing so. Understudy: Roxanne Tadique, Alexi Cimagala; Volunteers: Grace Escasl, Ina Bianka Sia, Nash Marohomsali.K Suarez —nEN Title ofthe case remains 2s t was in the court of origin. Parties are referred to as: ‘© Appellant ~ party appealing the case ‘+ Appellee -adverse party Section 2. Counsel and guardians ‘The counsel and guardians ad fitem of the parties in the court of origin shall be respectively considered as their ‘counsel and guardians ad item in the Court of Appeals. When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with ‘the court. Section 3. Order of transmittal of record Section 4. Docketing of case Section 5. Completion of record a Section 6. Dispensing with complete sScord 1. Where the completion of the record could not be accomplished: f 7 + Within a sufficient period alloged said purpose; § + due to ‘Section 7. Appeltant’s brief ‘Within 45 days from receipt of the notice of the clerk that all the evidence are attached to the record, fle with the court: 1 7 copies of is legibly typewritten, ‘mimeographed or printed brief, 2. With proof of service of 2 copies thereof upon the eppeliee. Section 8. Appellee’s brief Within 45 days from receipt of the appellant's bref, fied with the court: 1. 7 copies of his legibly typewritten, ‘mimeographed or printed brief; 2. With proof of service of 2 copies thereof upon the appellant + ed ey 2 OPERATIONS 2016 Section 9. Appeliant’s reply brief Within 20 days from receipt of the appellee's brief, the appellant may file a reply brief answering points in the appellee's brief not covered in his main beef. Failure to file appellant’ brief on time is a ground for dismissal ofthe appeal. ‘The failure to file the appellee's brief does not affect the appeal. ‘The filing of the reply brief is optional on the part of the appellant. appeal ‘Appeals dismissed upon failure to move for ‘mn certiorari, prohibition, mandamus, quo warraato and ‘habeas corpus cases, the parties shall file, in liew of briefs, their respective MEMORANDA within 3 non-extendible period of 30 days from receipt of the notice issued by the dlerk that all the evidence, oral and documentary, is already attached to the record, ‘The failure of the appellant to file his memorandum within the period may be a ground for dismissal of the appeal Section 11. Several appeliants or appellees or several counsel for each party Where there are several appellants or appellees, each ‘counsel representing one or more but not allof them shall be served with only one copy of the briefs. When severat counsel represent one appellant or appellee, copies of the brief may be served upon any of them. Advises: Ay. Guevarra,Aty Arroyo Atty. Salvador Aly, Viniuan Judge Bonifacio; Heads: larissa Faylona Marla Kitna Sania; Understudy: Rexanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, Ina Bianka Silva, Nash Marohomsaie,K Suarereer OPERATIONS 2010 ae 3. Matters not assigned as errors on appeal but consideration of which is necessary in ariving at GENERAL RULE: Extension of time for filing beefs will not 2 just decision and complete resolution of the be alowed, ‘ase orto serve the interest of justice orto avold dispensing piecemeal justice; EXCEPTION: For good and sufficient cause, and only i the 4. Matters not specifically assigned as errors on ‘motion for extension is filed before the expiration of the appeal but razed in the trial court and are time sought to be extended. matters of record having some bearing on the ‘ssue submitted which the parties failed to raise Section 13. Comtents of appelant’s brief ‘or which the lower court ignored; and 5. Matters not assigned as errors on appeal but een sara closely related toan error assigned. Sit Atoms of es 6 Matters not assigned as errors on appeal but Sib cient ofa cane upon which the determination of a question pases property assigned is dependent. 5. Cear and concise statement of the isues of fact oF law to be submitted to the court for its ‘Section 14. Contents of appellee's brief judgment; 1. Subject incex 6. Argument: arguments on each 2. Statement of Facts or Counterstatement of rv age ferences ts eA 7p, Facts; and 7. Relief: specification of order or. which 3 Argument. ‘the appellant seeks; and.” A : 8 Imeases not brought up by récord on appeal, jhe GENERAL RULE: Apple's bref need NOT contain an appellant’ brief shall contain, as an a 22 assignment of errors because he is seeking no affirmative copy of the judgment of final order appedied 22" rele his purpose i only to uphold the ruling ofthe lower from bgt eee ean. [ Ew Cent ‘EXCEPTIONS: The fare of the appellant to make’ specie assieement ‘L.When his purpose is to maintain the judgment of errors in his brief or of page referebces tithe record af ‘on other grounds; and required in this section isa ground for the desmissal of \Whes he fas also appealed. apoeal Fe fy % i ‘An appeigf’ who has not also appealed cannot make HOWEVER: ‘ assienmétits of errors in his brief but he may make 2 ‘© Inthis case, the absence of page were countér-assignment of errors in order to sustain the ‘not considered fatal omissions. Des 0 legment. deficiencies, appeliont’s briefs sufficient inform ‘and substance to as to apprise the appellate Difference between brief and memorandum ‘court of the essential facts and nature of the case as well as issues raised and the laws Ordinary appeats necessary for the disposition of the case, ‘mandamus, quo warranto and (Philippine Coconut Authority v, Corona int’ 341 habeas corpus cases ‘SCRA 519 (2000)) Sea TAT aS avs T [TT Flea with 30 days Contents specified by |” Shorter, only one issue GENERAL RULE: Only errors assigned in the brief may be Rules volved, no subject index or considered on appeal assignment of errors-just facts and law applicable. EXCEPTIONS: 1. Grounds not assigned as errors but affecting the Section 15. Questions that may be reised on appeal jurisdiction over the subject matter, 2. Matters not assigned as errors on appeal but are ‘Appellant may include in his assignment of errors any evidently plain or clerical errors within the ‘question of law or fact that fas been raised in the court contemplation of aw; Below and which is within the issues framed by the parties. en? : Carissa Faylona, Maria Kristina Santos, Understudy: Rewanne Tadique, Alexis Cenagata; Volunteers: Grace Escasi, tna Banka Sika, Nash Marchomsalie,K Suarer — 86REMEDIAL LAW REVIEWER eva N la O phatase ‘The reversal of a judgment on appeal is generally binding, ‘only on the parties in the appealed case and does not affect or inure to the benefit of those who did not join or ‘were not made parties to the appeal. ‘+ Where a judgment cannot be reversed as to the party, appealing without affecting the rights of the co-party who did not appeal, or where the rights and lablities fof the parties who did not appeal and those who appealed are so interwoven and dependent on each other as to be inseparable, a reversal as to one operates as 2 reversal as to all because of the ‘community of their interests (Tropical Homes, nc. vs. Fortun, et ol, G.R. No, 51554 Jon. 13, 1989) GENERAL RULE: An appellant may only include errors of law raised in the court a quo and that whichis within the issves framed by the parties. EXCEPTION: When there & 3 question of iurdition ayer the subject mater. © only to ensure utmost circumspection before the penatty of death, reclusion pempetua or fe imprisonment 1s Imposed, the Court now deems it ‘wise and compelling to provide in these cases 2 ‘eview by the CA before the case is elevated to the SC. ff the CA should affirm the penalty of death, ‘eclusion perpetua or life imprisonment, i could then render judgment imposing the corresponding penalty ‘as the circumstances so warrant, refrain from ‘entering the judgment and elevate the entire records ‘of the case to the SC for its inal dispasition. (People Mateo, 433 SCRA 640 (2004)) ‘The appeal under this Rule contemplates that the RTC rendered the judgment of final order or resolution acting {nits original jurisdiction. Wf it rendered the same in the exercise of is appellate sg252ep jurisdiction, in the instances provided for in Rules 42 and appeal shall be taken to the CA even if only ‘uestongf law are raised by the pettone. GENERAL BULE: A change of theory by the party isnot. QUESMON OF LAW ‘allowed, but a change in emphasis isallowed se Exc ie he tl fe si ae ‘not require the presentation of additignaevidencé t ae See the now theory. bate ‘Section 1. Filing of petition with the: From a judgment or final order of: Courtof Appeals; Sandiganbayan; Regional Tiat Court; Court of Tax Appeals; or ‘Other courts whenever authorized by law. \VERIFIED PETITION FOR REVIEW ON CERTIORARI ‘The petition shall raise only questions of law, which must be distinctly set forth. Appeals to the SC are made only by verified petitions for review on certiorari, EXCEPT: appeals from judgments of ‘the RTC in criminal cases where the penalty imposed i fe Imprisonment or rectusion perpetua (elevated by ordinary appeal), or death penalty (subject to automatic review). —Adhisers: Atty. Guevarra Atty. Arroya,Atty, Salvador Ay Viniuan Judge Boia: Hi Exists when there is a doubt or controversy as to what the "Taw ona certain state of facts. ‘QUESTION OF FACT Exists when the doubt or difference arises as to the truth {§ 0F falsehood of facts, or as to the probative value of the 7 evidence presented. ant One test jswhether the court can determine the issue ‘raised without reviewing or evaluating the evidence, in wt It is a question of law; otherwise it will be 2 of fact. The question must not involve the examination of the probative value of the evidence presented. (GENERAL RULE: Only questions of law may be raised in a petition for review under Rule 45 of the Rules of Court. EXCEPTIONS: 1. When the factual findings of the CA and the tri! court are contradictory; 2. When the conclusion is a finding grounded entirely on speculation, surmises or conjectures; 3. When the inference made by the CA from its findings of facts is manifest mistaken, absurd or impossible; 4. When there is grave abuse of discretion in the appreciation of facts; 5. When the appellate court in making its findings, went beyond the Issues of the case, and such findings are contrary to the admissions of both appellant and appaliee; Faylona, Santos; Understudy: Roxanne Tedique, Akers Cimagat; Volunteers: Grace Escost, ina Blanka Siva, Nash Marohomsli, K Suare— a7»ATENEO When the judgment of the CA is premised on misapprehension of facts; When the CA failed to notice certain relevant facts which, if properly considered, would justily a different conchision; and When the findings of fact are themselves conflicting. B (GENERAL RULE: the findings of fact of the CA are final and conclusive and cannot be reviewed on appeal to the SC provided that they are bome out by the record or are ad ey TD OPERATIONS 2010 CERTIORARI AS A MODE OF APPEAL (RULE 45) v. CERTIORARI AS AN ORIGINAL SPECIAL CIVIL ACTION Petition based on questions | Petition raises the issue a5 ‘of law which the appellant | to whetherthe lower court desires the appellate court | acted without or inexcess to resolve Of jurisdiction or with grave abuse of discretion based on substantial evidence. EXCEPTIONS: When the conclusion sa finding grounded entirely on speculations, surmises of conjectures; When the inference made is manifestly mistaken, absurd or impossible; Where there is grave abuse of discretion in the appreciation of facts; 4. When the judgmentis based on a misay judgment, order or facts; resolution sought to be 5. assailed 6. ‘Does not stay the: When the CA manifestly. facts not disputed by the| property considered, conclusion; 21 Be] The petitioger and “The parties ae the 8 Se ae to. | are the original | aggrieved party against the trove of the wn court or fe mefe conditions| | Er to the action and | ower cur or donde without citation of specific evi or where the J} ‘the lower'éourt orquasi-| agency and the prevailing facts set forth by the petitioner smuted by. 15) | judiciatagencyis not to be | parties, who thereby the respondent, or where the find of the * impleaded respectively become the (A are premised on absence of evidencs fhteageanaccsi} petitioner and respondents contradicted by the evidence of record; hep i pot fing of a mation ‘Amation for 9. When the findings of fact are conclusions without forteconsieration isnot | recgestieatia 3 - Cctation of specific evidence in order to arrive at the anit oemen ene correct findings based on the record; “The appellate courts inthe | The higher court exercises 410, When the facts set forth in the petition as wel as in exercise oft appetite | original urscetion under the petitioner's main and reply briefs are not Jurisdiction and power ot | its power of control and disputed by the cespondents; and review supervision over the 111. When the findings of fact of the CA is premised on proceeding of lower courts. supposed evidence and is contradicted by the evidence on record. NOTE: Under AM. 07-7-12-5C (December 4, 2007), the Petition may include an application for a writ of Preliminary injunction or other provisional remedies. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency. —Adhisers: Aly. Guevarra Atty Arroyo Aly. Salvador Aly, Vnkuan lucge Bonifacio; Heads: Cass ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace | ‘+The SC, in accordance with the liberal spirit pervading, ‘the Rules of Court and in the interest of justice, may ‘decide to treat a petition for certiorari as having been, filed under Rule 45, especially if itis fled within the eglementary period of the same. (Detsan v. CA, 268 Scha 597 (1997)) Santos tlc a lana sv Neh Marche Kare‘+ The SC cannot tolerate the practice of categorizing a petition to be “both under Rule 65 and Rule 45, Rules ‘of Cour,” as the petition cannot be subsumed simultaneously under Rule 45 and Rule 65, and neither may petitioners delegate upon the court the task of determining under which rule the petition should fall, Under Circular 29, wrong of Inappropriate mode of appeal, merits an outright dsmissal.(Ybariez v. CA, 253 SCRA 540 (1996) +The remedies of appeal and certiorari are mutually exclusive and not alternative or successive. Although itis true that the SC may treat a petition for certiorari as having been filed under Rule 45 to serve the higher Interest of justice, t cannot be availed of when the petition is fled well beyond the reglementary period for filing 3 petition for review and without offering any reason therefore. (Banco Filipino v. CA, 334 SCRA 4305 (2000)) Section 2. Tne for fling: extension _ * 15 days from notice of the judgment, final order srt + Within tht prod, he mate 2 matin ial or reconsideration. | pa «If denied, he shall ‘the’ agian Sa Within the 15-day pod, he may; 6 Sood Gis, nig E MOTION FOR EXTENSION OF TIMETO FILE HIS PETITION jE THE FOR REVIEW ON CERTIORARI. Ne rust submit, a ATO requisite proof of service of ‘motion respondents, pay the docket and other lawful fees in 8s well as deposit the costs of suit. ‘SC may for justifiable reasons grant an extension of 30 8 ihewng 2n, It wil itself set the date with notice to the RULE SO DISMISSAL OF APPEAL ‘Section 1. Grounds for dismissal of appeal 1. Failure of the record on appeal to show on its {ace that the appeal was taken within the period fined by these Rules; 2. Failure to file the notice of appeal or the record, ‘on appeal within the period prescribed by these Rules; 3. Failure of the appellant to pay the docket and ‘other lawful fees as provided in Section 5, Rule 40 and Section 4, Rule 41; 4. Unauthorized alterations, omissions or additions in the approved record on appeals provided in Section 4, Rule 44; a Kristina Somos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosla na Banka Siva, Nash Marohomsalic,K Suarez — 935. Failure of the appellant to serve and file the required number of copies of his brief or ‘memorandum within the time provided by these Rules; 6. Absence of specific assignment of errors in the appellant's brief, or of page references to the record as required in Section 13, par (al,(ch(d) ‘and (f, Rule 44; 7. failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order; 8 Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars, or directives of the ‘court without justifiable cause; and 9. The fact that the order or judgment appealed from is not appealable. 1 OTHER GROUNDS FOR THE DISMISSAL OF, ARE: ‘ 1. By. agreement of the parties, df where the case was amicably setted by thes Where the appeated case ‘academic; and 3. Where the appeal is frivolous. rere ei ec, fot ty, an Wf te teil court fo darts the apes Section 2. Dismissal of improper of Appeals IMPROPER APPEALS ‘© An appeal under Rule 42 taken from the RTC to the CA raising only questions of taw (not reviewable by the CA). ‘+ An appeal by notice of appeal instead of by petition for review from the appellate judgment of an RTC, ‘An appeal erroneously taken to the CA shall not be ‘vansferred to the appropriate court but shall be dismissed ‘outright, even without motion, REMEDY Re-filein the proper forum within the prescribed period. it fs within the competence of the trial court to determine whether the appeat interposed is based on pure questions of law or mixed questions of law and ae) OPERATIONS 2010 os become as fact, for the purpose of deciding the correctness of the procedural made of appeal adopted by the appellant, the court to which the appeal is to be taken and, consequently, whether to give due course thereto. Rule 50, Sec 2 applies only when the appeal is already brought to the CA at which time it will ‘determine whether the appeal was brought to the ‘correct appellate court. (Heirs of Ramon Pizarro, Sr. \. Consolacion, et al, Gk. No. 51278, May 8, 1988) Section 3. Withdrawal of appeal ‘As a matter of right appellant may withdraw his appeal at any time before the filing of the appellee's brief. ‘Thereafter itis in the discretion of the court. RULE 52 JUDGMENT ‘When no comment i fled, ‘upon the expiration ofthe ppetiod to comment Where no hearing s held, ‘upon the fling of the last pleading required or permitted to be filed by the Court, or the expiration of the period forts fling oF upon the filing of the last pleading or memorandum ‘as may be required oF Permitted to be filed by the ‘court, or the expiration of ‘the period for its ling ‘Where a hearing on the merits of the main case is ‘held, upon the fing ofthe last pleading or ‘memorandum as may be required or permitted to be filed by the court, or the expiration ofthe period for its fk ‘The determination of the date of submission of the case is made doubly important by the fact that under the Constitution such date is the reckoning point for the periods for deciding or resolving the case or matter, and “which periods are now mandatory in nature. Advisers: Aly. Guevara,ty. ovo Atty. Savador Ay, Vinluan judee leads: Carissa Faylona, Marie Kristina Santos; ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, ina Bianka Silva, Nash Marchomsali,K Suarez 4eLUase ‘© When an appellate court has once declared the faw in the case, such declaration continues to be the law of that case even on subsequent appeal. The rule made by an appellate court, while it may be reversed in ‘other cases, cannot be departed from in subsequent proceedings in the same case. (Ramos vs. IAG, et ol, GR. No, 72686, Mar. 8, 1989) + The LAW OF THE CASE has been defined as the ‘opinion delivered on a former appeal. it means that whatever is once irrevocably established, as the controlling legal rule or decision between the same parties in the same case, continues to be the law of the case, whether correct on general principles or not, 30 Tong as the facts on which such decison between the same parties in the same case, continues to be the law of the case, whether correct ‘on general principles or not, so long 2s the facts on Dt Ee To be binding, a judgment must be duly signed and promulgated during the incumbency of the judge who signed it. Where the decision was promulgated after two of the three justices necessary to constitute a quorum in a division had lost their authority to act as justices by reason of the presidential acceptance of their ‘resignations of which they were informed before such promulgation, said decision is null and void. (a0 v. To-Chip, et al, G.R. No. 75594, Feb. 26, +1988) Section 4. Disposition of a case Section 5. Form of decision ‘The requirement for the statement of the facts and law refers to DECISION or FINAL ORDER, not to resolutions. which such decision was predicated continue to:te=te=:.for petitions for review {incuding, ordinary petition for the facts before the court. The rule on thew of the ‘ase does not apply to resolutions rendered in connection with the case but wherein no rationale ae rea ce lt ot st ag fame as mf e318) ae he case before its asignment toa ipeber forthe wt cfiieaeason, a , Petition for review on certiorari, and petition for ‘ertiorr4, and motions for reconsideration, the Gonstintion eeeuiv€® only a statement of legal basis for ‘the denial oF refusal of due course thereto. In ether case the Court may op, but isnot required, to issue an extended resolution thereon, and discuss the factvand iw bry MEMORANOUM DECISION - One rendered by on ‘appellete court which incorporates by reference. the facings of ft and consors of ew coaned nthe lower court Section 3. Quorum and voting inthe eo 6. Harmless errors For deliberation: partkipation of a3 justices of FOR PRONOUNCEMENT OF A JUOGMENT OR FINAL RESOLUTION: unanimous vote of a3 |F THE 3 JUDGES DO NOT REACH A UNANIMOUS VOTE: 1. Clerk shall enter the votes of the dissenting Justices in the record; The Chairman of the division shall refer the case, together with the minutes of the deliberation, to the Presiding Justice; and The Presiding Justice shall designate 2 other Justices chosen by raffle, forming a special vision of S Justices. + For deliberation: participation of all 5 Justices ofa special division. ‘+ For pronouncement of judgment or final resolution: concurrence of @ majority of such special division. 2 Advises: Aity. Guevarra Atty. Arroyo Ay Sahador ity, Vinisan Judge Bonifacio; Hea The court at every stage of the proceedings must disregard any error oF defect which does not affect the substantial rights ofthe parties. HARMLESS ERROR — Error either in admitting or excluding ‘evidence or a defect in the ruling, or error which does not affect the substantial rights ofthe parties. Section 7. Judgment where there ore several parties Section 8. Questions that may be decided Only errors claimed and assigned by @ party will be considered by the court, except errors affecting its Jurisdiction over the subject matter. To this exception has now been added errors affecting the validity of the judgment appeated from or the proceedings therein. tina Santos, Understudy: Roxanne Tadique, Alesis Cimagala; Volunteers: Grace Escosla na Blanka Silva, Nash Marohomsall, K'Suarer | aab/s, ATENEO REMEDIAL LAW REVIEWER Even ifthe error complained of by a party is not expressly stated in his assignment of errors but the same ts closely related to or dependent on an assigned error and properiy argued in his brief such error may now be considered by the court. ‘Section 9. Promulgation and notice of judgment Section 10. Entry of judgment and final resolutions In justifiable situations or by agreement in the division, the of dissenting or separate opinions may be reserved ‘or the majority opinion may be promulgated without prejudice t0 the subsequent issuance of a more extended opinion, provided the requisite votes for promulgation of Judgment have been obtained and recorded. The date when the judgment oF final resoltion becomes CENTRAL BAR et ee RULE 52 MOTION FOR RECONSIDERATION Section 1. Period of filing WithintS days from notice thereof, with proof of service on the adverse party ‘Section 2. Second motion for reconsideration ‘No MR ofa judgment or final resolution by the same party shall be entertained. Section 3. Resolution of motion In the CA, an MR shall be resolved within 90 days from the date when the court decares it submitted for resolution. ‘executory shall be deemed as the date ofits entry. . This time limit applies only to MRS inthe CA. ft does. The date offeritry is important in af for the ‘not apy to MRs in the SC, pursuant to the exception in Purposes offexecution of judgment. sation Econ of tame ‘The execution of a judgment applied for only after its entry, GENERAL RULE: The writ of execution ‘and issued by the court form which (the court of origin, ora quo}. Se é IN ORIGINAL ACTIONS INTHE CA % ‘The writ of execution shall be accompanied by a certfiedssnsssa true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement. IN CASES PENDING ON APPEAL IN THE CA ‘A motion for discretionary execution of the judgment of tthe trial court may be filed in the CA provided it is in possession ofthe original record or record on appeal. {fit grants the motion, it wil not issue a wrt of execution bbut shall order the resolution granting the motion, A ccopy of such resolution and a certified true copy of the judgment or final order to be executed shall be transmitted to the trial court. Where the appealed case is finally resolved and the judgment becomes executory, the situation is governed by Rule 29, Sec 2. + sac2te).. “The pendency of an ME filed on time and by the proper ‘arty shall stay the execution of the judgment or final ‘esolution sought to be reconsidered UNLESS the court, 2 ¢j for good reasons, shal otherwise direct. . ¥ RULE 53 NEW TRIAL 4. Period for filing; ground PERIOD ‘At any time after the appeal from the lower court has been perfected AND before the CA loses jurisdiction aver the ease Grouno Newly discovered evidence ‘The motion shall be accompanied by affidavits showing, the facts constituting the grounds therefore and the newly discovered evidence, [REQUISITES FOR NEWLY DISCOVERED EVIDENCE: 1. Must be of such nature that it would not have ‘been discovered prior to the trial even with the exercise of due diigence; and 2. Ifadmitted, would probably change the result of the case. ~ Advisers: Atty. Guevarre Atty. Arroyo Atty Salvador Atty. Vniuan Judge Bonifacio; Heads: Garissa Faylona, Maria Kitna Santor; ‘Understudy: Roxanne Tadique, Alexs Cimagala; Volunteers: Grace Escasia, ina Bianka Siva, Nash Marchiomsalie, K Suarez 95May be filed only after entry | May be fled even before ‘the judgment, at any time after the appeat has been perfected [RULE ON MRs AND MINTS, IN RELATION TO RULE 45: © MR may be filed within 15 days from notice of ‘the judgment or inal resolution of the CA. ‘+ MNT may befiled at any time after perfection of ‘the appeal from the RTC, but within 15 days from service of a copy of the judgment or Final resolution of the CA. © PETITION FOR REVIEW ON CERTIORARI to the SC may also be filed within such 15-day period from notice of the judgment or final resolution ‘©The fist 2 MOTIONS shall be PETITION with the SC; and ‘event of its denial. ¥ Cy é ‘+ In both instances, the ruléson the pre forme motions: Falta one + fappeal by certiorari direct with all the requirements of petition, sufficient in form and s the 15 day period. The party whose MR or MINT was denied and who desires to appeal to the SC may also move for such extended period upon the same terms, preparatory to and for purposes of the filing of his petition, ‘Section 2. Hearing and orders Section 3. Resolution of motion Within 90 days from the date when the court declares it submitted for resolution, + CENTRAL BAR OPERATIONS 2010 TEEEO Section 4. Procedure in new trial ln the tia! courts, a second MNT may be fled where the ‘ground therefore did not exist at the time the first motion ‘or new trial was fled. This would not be possible in the CA, where the only ground for a MNT is newly discovered evidence. RULE 54 INTERNAL BUSINESS Section 1. Distribution of cases among divisions ‘Section 2. Quorum of the court RULE 55 PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS fan adjudged case, containing an epitome or ‘of the rulings of the court upon the points ‘Section 3. General make-up of volumes The published decisions and final resolutions of the SC shall be called “Philippine Reports” while those of the CA shall be known as the “Court of Appeals Reports.” PROCEDURE IN THE SUPREME COURT RULE 56 ‘A. ORIGINAL CASES Section 1. Original cases cognizable 4, Certiorori, prohibition, mandamus, quo warranto, ‘habeas corpus; 2. Disciplinary proceedings against members of the: judiciary and attorneys; and 3. Cases affecting ambassadors, other public ministers and consuls. Advisers: Atty. Guevarr Atty Arroyo, Atty. Salvador Atty, Vitiuan Judge Bonifacio; Heads: arsca Faylona, Maria Kristina Sontos; Understudy: Roxanne Tadique, AlextsCimagala; Volunteers: Grace Escosa, ina Bianka Siva, Nash Marohomsalic,K Suarez ”REMEDIAL LAW REVIEWER me Section 2. Rules applicable IN ORIGINAL CASES FOR CERTIORARI, PROWIBITION, MANDAMUS, QUO WARRANTO, HABEAS CORPUS Applicable provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the following provisions: 1. All references in said Rules to the CA shall be understood to aso apply to the SC; 2 The portions of said Rules dealing strictly with and specifically intended for appealed cases in the CA shall not be applicable; and 18 clearly legible coples of the petition shall be filed, together with proof of service on all adverse parties. Disciplinary action against members of the judiciary shall bbe governed by the laws and rules prescribed Discpinary action apuinstattomeys: amended. ft 9 lw ed dalled of the 36 cet siete no oa sn ee a Sewer eaten, enue questions and can conduct hearit ate ee The SC cannot entertain such mations a5°R ts aot a Wier jof & foe VRa BENET OF B. APPEALED CASES Section 3. Mode of appeal . (GENERAL RULE: Only by petition for review on certiorar! EXCEPTION: In criminal cases where the penalty imposed {is death, reclusion perpetua or ite imprisonment, Appeals to the SC in civil cases may be made only by petition for review on certiorari from the CA (Rule 45) and from the RTC{Rule 45 in relation to RA 296, Sec 17). Even in criminal cases, appeal to the SC shall be by petition for review on certiorari, except where the penalty imposed by the lower court is death, recusion perpetua or iife imprisonment. The death penatty shall be subject to automatic review. In the case of reclusion perpetua or life imprisonment, they may be elevated by ordinary appeal. . Tad 5 Opener © — Advisers ty. Guevarra Atty. Arroyo Ay. Salvador Ay, Vian Judge Bonita; Heads Section 4. Procedure ‘The appeal shall be governed by and disposed of in accordance with the applicable provisions of ‘the Constitution, laws, Rules 45, 48, Sections 3, 2, ond 5 £0 11 of Rules 51, 52 and this Rule. Section 5. Grounds for dismissal of appeal ‘ot rope or on mation ofthe respondent ‘ falure to. take the “appeal win the ‘ealementary periods 2. Lackot mere the pettion; 3 Fale to pay the requisite docket ee and other lawl fees ot make 3 depot for costs Failure to comply with the requirements ‘requiring proof of service and contents of and the documents which should accompany the peo, Foire to comply wth any car, dete or raf the Sc without ustiabe cae, i 82 choice or mode of appeal; and "Te fort thatthe case 1s nat appenlae to the os rounds for sisal of appeal in the SC may vay ‘of respects from those in the CA (Rule 50) since thlspea cece oth courts rn the ese and requirements for perfecting the appeal, as well as the zane once erat ition of improper appeat 85 provided in Section 3, Rule 122 regarding appeals ‘in criminal cases where the penalty imposed is death, ‘ectusion perpetwa oF ite imprisonment, an appeal taken tothe SC by notice of appeal shall be dismissed. ‘An appeal by certiorari taken to the SC from the RIC submitting issues of fact may be referred to the CA for decision or appropriate action. The determination of the SC on whether or not issues of fact are involved shall be final. IMPROPER APPEAL —The choice or mode of appeal is correct but the appellant raises issues which the court cannot resolve. ‘eg, Where petition for review on certiorari but factual issues are invoked for resolution, Im this instance, the case may be referred to the CA, although the SC may also dismiss the appeal aylons, Maria Katina Santor; ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volusteers: Grace Escosla, Ina Bianka Siva, Nash Marchorsalie,K Suarez —ERRONEOUS APPEAL - error in the choice or mode of appeal. ‘eg. Where appeal taken to the SC by notice of appeal ‘except that provided in Sec 3, Rule 122. In this instance, the appeal shall be dismissed outright. Section 7. Procedure if opinion is equally divided ‘Where the court en banc is equalty divided in opinion, oF ‘the necessary majority cannot be had, the case shal again be deliberated on. H after such deliberation no decision is reached: ‘The original action commenced in the court shall be dismissed. {mn appealed cases, the judgment or order appeal shall stand affirmed. Cn al incidental matters, the petition motion shal be arnt PROVISIONAL REMEDIES - writs and prédcesses aval during the pendency of the action \which may be fe Ge eee a ig oe ed ee 2 OPERATIONS 2010 WHEN BOND IS REQUIRED AND HOW AMOUNT OF BOND IS DETERMINED 1. For attachment and injunction, bond is always. required from the plaintiff but the amount of the bound to be filed by the applicant Is addressed tw the sound discretion of the court. 2. In preliminary attachment snd replevin, if the applicant is the Republic of the Philippines, no bond shall be required, 3. Inrecelvership, the bond as fied by the court is nat ahways required of the petitioner, whether ‘oF not the appointment of a receiver has been applied for exporte. 4. In replevin, the bond to be posted by the ‘applicant is an amount double the value of the ‘personal property to be seized. 5. In applications for support pendente lite, no bbondis generally required fram the applicant. RULE 57 Srtiewonr cristo WHEY APLCATION FOR ATTACHMENT ADE 1. Atthetommencenent ofthe action or 2. Atamytime before erty of ment iret teri, pending enon, tad fr the of ultimately affecting 2 fra jadgment ‘ction for the recovery of specified amount of " and damages, except moral or exemplary, on PROVISIONAL - constituting temporary messi agiled cause of action arising from law, contract, quasi ‘of during the pendency ofthe action. a mac det or quadeket age! « pery who & [ANCILLARY - incidents in and dependent on the result of ‘the main action, PROVISIONAL REMEDIES AVAILABLE UNDER THE RULES ‘oF couRT Rule 57: Preliminary Attachment Rule 58: Preliminary Injunction Rule 59: Receivership ule 60: Replevin fule 61: Support Pendente Lite WHEN PROVISIONAL REMEDIES AVAILABLE 4. Attachment, Injunction, and support pendente ‘te may be applied for before final judgment. 2. Replevin may be applied before the answer. 3. Receivership may be applied for at any stage of the action and even after final judgment. about to depart from the Philippines with intent to defraud creditors; 2. In an action for money or property embezzled; fraudulently misapplied or converted to own use by 8 public officer, or an officer of a corporation, or an ‘attorney, factor, broker, agent, or clerk in course of employment; or any ‘person acting in fiduciary ‘capacity, or for wilful violation of duty; 3. In an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property is removed, concealed or disposed ‘of to prevent its being found or taken by the ‘applicant or an authorized person; 4. In an action against party who has been guilty of fraud in contracting the debt or incurring the ‘obligation upon which action is brought; or in the performance thereof; Understudy: Roxanne Tadlgue,Alenis Cmaps Veumer: Grace scat aan Sina Nash ogheranie Keone5. ‘TWO-FOLD PURPOSE OF ATT? REMEDIAL LAW REVIEWER Ps ATENE Im an action against party who has removed or dlsposed of property, oris about to do so, with intent. to defraud creditors; or 4m an action against party who does not reside and is rot found in the Philippines, or on whom summons may be served by publication. ‘When civil action has been waived or reserved, no ‘application for attachment in the criminal action can bbe allowed and granted. (Erana v. Vera 74, Phil. 272 (aaa) When cull action is suspended due to the fling ofthe ‘criminal action, no attachment may issue in the criminal action because civil action remains pending incourt. (Ramear, in. v. De Leon, 78 Phil. 449 (1947)) Mortgage of property does not amount to removal/disposal so as to come w/in the purview of Secl(e) RuleS7. (Adlawon v. Torres, 233 SCRA 645 (2994)) Mere removal or disposal of property does fit iustity an attachment. There must be a of intent to defraud. defendant’ creditors the writ of attachment may issue, (Corpio y Macadaeg, 9 SCRA. 552 (2963) 2. Tostize the property off final judgment and to bold’ fot purpases of satisfying the said @ 2. To enable the court to acquire ju the action by the actual 0 of the property in thane dnstances whee | Personal service of summons 0 the creditor Cannot be effected, Ne, Section 2. issuance and contents of order HOW ORDER OF ATTACHMENT ISSUED. 1. Exparte;or 2. Upon motion with notice and hearing ‘BY WHOM ORDER ATTACHMENT ISSUED. 1. The court in which the action is pending: 2. The Court of Appeals; or 3. The Supreme Court. The trial court may validly issue a writ of preliminary ‘attachment even if the case is on appeal. The tral court may issue orders for the protection and preservation of the rights of the parties which do not Involve any matter tigated on appeal. (Uy v. CA, 215 SCRA 859 (1992) ed es eed ‘a ‘© Where the main action is appealed, the attachment which may have been issued as an incident of that action is also considered appealed and so also removed from the jurisdiction of the court @ quo. (Ol v Pastoral 188, SCRA 692 (1990)) ‘PROPERTIES EXEMPT FROM EXECUTION All properties exempt from execution are likewise exernpt from attachment. (Sec. 13, Rule 59) Section 3. Affidavit and Bond Required SEQUREMENTS FOR SSUANCE OF WAIT OF ATTACHMENT 1. Afidav ofthe applicant, or some other person wo personally knows the facts showing thet: 2 Sulfient cause of ection ext; 1h The ese one of those mentioned in Seton 1 ard ‘There sno other suficert sour forthe ei "Sasocgtt to be enforoed by the ston, ned ae “ict due the appicant, oF the vale of the property the possesion of which he ts to recover, as muchas the sum for whic the order fe granted above al kegel countercbins. 2 pond CONDITIONS OF THE APPLICANT'S BOND. ‘The bond sfall answer for: 1. _Allthe costs which may be adjudged to the adverse pand ‘Al damages which he may sustain by reasons of the attachment. ‘Section 5. Manner of Attaching Property PRINCIPLE OF JURISDICTION Enforcement of writ of preliminary attachment must be receded by or simuttaneously accompanied by service of summons, copy of complaint, application and affidavits for ‘the attachment and the bond upon the adverse party. PRIOR or CONTEMPORANEOUS ‘BUT the requirement of prior or contemporaneous service of summons shall not apply where: 1. The summons could not be served despite diigent efforts; 2, The defendant is a resident of the Philipines ‘temporarity absent therefrom; —hbisers: Aty. Guevarra Ay. Arroyo Atty, Salvador Aty. Vinivan Judge Bonfato; Heads: Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia ina Blanka Siva, Nash MaroheensaicK Suarer3. The defendant is a noncesident of the Philippines; or 4. The action is in rem or quost in rem. * Prior or contemporaneous service of summons is not necessary for the validity of the ISSUANCE of a wit of attachment. (Davao Light v. CA, 204 SCRA 343 (1991) ‘© Prior or contemporaneous service of summons is necessary for the validity of the ENFORCEMENT of a ‘writ of attachment. (Onote v. Abragar, 241 SCRA 659 (2995), Section 6. Sheriff's return ‘Section 7. Manner of attaching property (MANNER OF ATTACHING PROPERTY Real property, growing crops, interest Order and Notice to Register and ‘Occupant or his agent within thes 2. Personal property capable of manual delivery - sheriff to take and safely Keep it, then ive. 2, receipt; f 2 Hee mage ‘managing agent; SG oe. Bee 4. Dekey rey bank 3 ‘onesie, perl S 3s ccourt/agency and notice to custodian. Section 8. Effect of attachment of debts, credits and all other similar personal property + In order to bind the gamishee on a writ of garnishment, previous service of summons is not required; only service upon him of the writ of gamishment is needed. (Perla Compania v. Ramolete, 203 SCRA 487 (1991) Section 9. Effect of attachment of interest in ‘property belonging to the estate of the decedent Section 10. Examination of party whase property is attached and persons indebted to him or controlling his property; delivery of property to sheriff CENTRAL BAR OPERATIONS 2010 ‘Section 11. When attached property may be sold after fevy on attachment and before entry of judgment WHEN PROPERTY ATTACHED MAY BE SOLD 1. Hearing and notice; 2. Property perishable or interests of all may be subserved by sale; 3. Sale by public auction; and 4. Proceeds deposited in court. Section 12. Discharge of attachment upon giving counter-bond ‘The party whose property has been attached, oF his representative, may MOVE for the discharge of the attachment wholly orn part. After due notice and hearing, the court shall order the of the attachment PROVIDED that the movant Z"igiin cectomune ete ee "Exception: if fora particular property, equal to the value “ofthat property as determined by the court. + nether case the cash deposit o the counter nd hall secre the payment of ay Judgment the ataching party may recover in the ‘A notice of the deposit shall be served on the attaching party ‘The deposit or counterbond stand inthe place of the property released Upon the discharge of an attachment, the property attached, or the proceeds of any sale, shall be delivered to ‘the party making the depositor giving the counter-bond. {F the counterbond is found to be or become Insufficient, and ifthe party fails to file an additional counterbond, the attaching party may apply fora new order of attachment. Section 13. Discharge of attachment on other grounds ‘GROUNDS FOR DISCHARGE 4. Debtor has posted a counterbond ar has made the requisite cash deposit; 2. Improper or irregular issuance of attachment; —Aaksers: Aly. Guevarra Ait. Arroyo Atty. Sshador Atty, Vinluan Judge Bonifacio; ead: Glarsca Faylona, Maria Wisina Sonos: Understudy: Rexanne Tadique, Alexis Cimagata; Volunteer: Grace Escosia, Ina Blanka Sila, Nash Marchomsall, KSuarer 101REMEDIAL LAW REVIEWER, ENS 2. Improper or regular enforcement of, ee) OPERATIONS 2010 OTHER REMEDIES attachment; ‘* The claimant or any third person can still 4. Bond is insufficient; vindicate his chim to the property in a separate 5. Attachment is excessive, in which case the action, discharge is limited to the excess; ‘©The attaching party can claim for damages 6. Property attached is exempt from execution; oF atainst a thd-party claknant who filed 2 7. Judgment is rendered against the attaching frivolous or plainly spurious claim, inthe same or creditor. a separate action. Objections to the impropriety or regularity of wrt of [RULES IF THE WRIT OF ATTACHMENT IS ISSUED IN FAVOR, attachment may no longer be invoked once 2 (OF THE REPUBLIC ‘ountertiond is filed. (Mindanao Savings and Loan ‘©The third-party bond s NOT required. Association, inc. v. CA, 172 SCRA 489 (1989) If the sheriff is sued for damages as a result of the attachment, he shall be represented by the * The dissolution of a writ of attachment by virtue of Solicitor General. the filing of a counterbond by the defendant does not ‘+ ifthe sheriff is held lable, the actual damages dissolve the applicant's bond and the same may be adjudged by the court shall be paid by the proceeded against by the defendant. (Calderon v IAC, National Treasurer out of the funds to be 4155 ScRA 531 (1987)) cme alana ee esl cpl TI third person aes Siar oc ay thd perso ay vindicate el he property in the same or separate action, PROCEDURE FOR THIRD PERSON 23, 39) 1 Moke an fio flo rh RS i to the property, stating the arsuind of Such'rehE=“"" ¢ Where the Sherif attaches a property caimed by 2 ortitle en eens third perso sich person may Insute 9 separate 2. Serve the affidavit upon the: shetiff, wHItE he ‘action to viddicate bis right. The rule that property in thas possession of the propeity. xs ‘custody of the law may not be interfered with by 3. Servea copy tothe attaching property another sourt applies only in cases where the propery eles tothe elena or one in wich he has ax (Uy v. CA, 191 SCRA 275 (1990)) EFFECT OF AFFIDAVIT ‘ Sheriff will not be bound to keep the” attachment, 15. Satisfaction of juclgment out of property 2 qttached; retumn of sheriff EXCEPT: On demand of the sheriff, the attaching party or ‘agent, files a bond approved by the court, to indemnify ‘SATISFACTION OF JUDGMENT the third-party claimant, 2. Proceeds of sales of perishable or other properties; BOND FOR THIRD-PARTY CLAIMANTS. ‘Amount: Not less than the value of the property levied Upon. In case of disagreement, it shall be decided by the . If there is a balance, sell real or personal Properties (attached) in shest’s hand or with clerk of court; court issuing the wrt of attachment. © there isa batence, collect gamished amounts; 4. if there is 3 balance after (a) + (b) + (6) fess EFFECT OF BOND expenses of proceedings upon judgment, ordinary The sheriff shall not be Hale for damages for the taking or exeaution, keeping of such property to any such thiek-party claimant. ACTION AGAINST THE BOND execu iach deliv oa judgment eae oe A claim for damages for the taking or keeping of the i . property moy be enforced against the bond ONLY IF the action s fled within one hundred twenty (120) days from ‘the date ofthe fling of the bond. + Advisers: Atty. Guevarra Atty. Arroyo Atty. Salvador Ay. Violin, udge Bonifacio; Heeds: Carissa Faylona, Maria Kristina Soatos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, ina Blanka Silva, Nash Marchomsalc,K Suarez — 302Same REMEDIAL LAW REVIEWER. y,| fa | E ite EXECUTORY JUDGMENT Generally directed against | Directed against acourt, When judgment becomes executory, sureties on porty to the action but may | tribunal, ora person counterbond to lft attachment are charged and can be ‘exercising judicial, quast held liable for the amount of judgment and costs upon Judicial or ministerial notice and summary hearing. Tete no need test = ‘nets ‘execute judgment against the judgment obligor before SHOT mnonethe = | proceecing against sureties. won Section 18. Disposition of money deposited Section 19. Disposition of attached property where Judgment is for party against whom attachment fe orjust a provision ee semmedy in the main action, Section 20. Claim for damages on account of improper, irregular or excessive attachment _ ie WHEN TO. APPLY FOR DAMAGES He ‘The court where the action or proceeding is ‘rrmcianer bom ie sc OD 2 Wise actin or prceading ic piting inthe : ets 2 “ono opel te Saree Cour ey ee Ae ‘be issued by said court or any member thereof. Before judgment becomes exacutory of 4 In the appeliate court for, Aatiages peti. soa nr en | “— CLAIMS FOR DAMAGES oo ‘ Claes for damages cannot be sibject of. independent ‘action EXCEPT: Cree a. When principal case is dismissed by the trialicourti ! 1] [; #4) Where the main action is the annulment of the action for lack of jurisdiction without gig the claiming’ {i} ‘of the respondent and the injunction is merely The RIC cannot restrin o€ enjoin acts being ‘perpetrated oF to be perpetrated outsile of is tertoral boundaries. (Acosta v Andi 109 Phi 1017 (1960) Party apporturity to prove clam for damages; afBlary, tal court of locality where questioned act . When damages was sustained by a third sz has jurisdiction. (Decono v. du, 2 party tothe action 99 SCRA 410 (1960) RULESS Section 3. Grounds for issuance of preliminary PRELIMINARY INJUNCTION ‘injunction fc imi ic ‘GROUNDS FOR ISSUANCE Section 1. Pre ion ( 'timinary injunction defined; classes 1. Plaintiff is ented to eet demanded which consists in restraining or requiring the performance of acts (the latter is preliminary ‘mandatory injunction); PRELIMINARY PROHIBITORY INJUNCTION ‘An order granted at any stage of an action or proceeding prior to judgment or final order, requiring a ‘oeney orpercon to refi mh apa acral Gaetbatuuivnsdcitddeauanesdaehucd during pendency of ligation would probably ‘work injustice to the plaintiff; OR An order ranted at ay stage ofan action or proceeding 3 Gaede doing trestsig, atempogort or 10 the judgent oF tral over eq Bar to the judgment or fal ort, requng the Welaton of plats ght. vespeing, the serfommance of sari act ora, subject of the acon and tending to Tener Judgment ineffectual. PRELIMINARY MANDATORY INJUNCTION. . " — Aakers Atty. Guevacrs Ait. Arroyo Atty. Salvador Aly Viren luge Bonifacio; Heads: Cassa Faylona, Marla Kristina Santas Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, na Blanka Siva, Nash Marohomsalic, KSuarel 103REMEDIAL LAW REVIEWER, ena "ACTIONS WHERE PRELIMINARY INJUNCTION LIES 1. In petitions for relief from judgment entered through fraud, accident, mistake or excusable negiigence; 2. In petitions" for certiorari, ‘mandarnus; through fraud; 4. In actions for annulment of judgments which are not Patent nulltes (want of jurisdiction, lack of due process of law) (Banco Espanol v. Polanca, 37 Phil 921); 5. To restrain continued breach of valid negative obligation; 6. To enjoin repeated trespass on land; 7. To restrain city from proceeding with abatement of ruisance per accidens before it has been judicially declared as such; ‘To restrain voting of disputed shares of stocks; ‘To restrain sheriff from selling property on ot belonging to judgment debtor; 10. To restrain criminal prosecutions a5 the following cases: ee 3. Yo afford adequate protection to constitutional rights of accused; b. When there Is a prejudicial yest sub juice; 554 of % Prosecution under an iii law. Double jeopardy is clear Court etude oe netic F empar prohibition, and In actions for annulment of judgments obtained ae penetrate an Cherges masta ect obey) OPERATIONS 2010 ‘sa rule, injunction is not proper where its purpose is to take property out of the possession or controt of ‘one party and place ft in the hands of another party ‘whose title has not been clearly established by law. (Allure Manufacturing v. CA, 199 SCRA 285 (1991) Although as 2 general rule, 2 court should not, by ‘means of preliminary injunction, transfer property in fugation from the possession of one party to ‘another, this rule admits of some exceptions. For ‘example, when there is a Gear finding of ownership and possession of the land or unless the subject land {is covered by a torrens title pointing to one of the parties as the undisputed owner. (Cagayan de Oro Londtess Residents Association v. CA, 254 SCRA 200 (2996) aa SS 2 party must that: (1) the invasion of right sought to be "Ste pyotect is material and sustactin (2) he right of ‘Somplzinant fs clear and unmistakable; and (3) there ‘is an urgerit anit paramount necessity forthe writ to ‘prevent serious damage. (Sydicated Media Access ap v CA, 219 SCRA 794 (1993) Only the Supreme Court may issue injuneton agaist the ‘government, officials or any person or entity whether public or private acting under the government direction, to restrain, prohibit or compel acts pursuant to the implementation and completion of infrastructure projects. 4, (Section 3, R48975) enlT leted epin nd nt po for vengeance; There is clearly no prima face case against ene of mo ashon Spa annoy injunction or temporary restraining denied; and ‘order i. Preliminary injunction issued by SC to prevent ‘threatened uniawful arrest of petitioners. Section 5. Preliminary injunction not granted without notice; exception ACTIONS WHERE PRELIMINARY INJUNCTION DOES NOT ue (GENERAL PROCEDURE 1. Injunction will generally not be granted to take 3. Verified application property out ofthe possession of one party and place 2. Injunction bond itn another whose title not clearly established; 2. When action for Phil. 941); 3. To prevent directors from discharging thelr offices and restoring former directors; 4 To restrain criminal injunction. damages would adequately compensate injuries caused (Golding v. Balatbat, 36 Prosecution where the ‘Ombudsman had authorized the Special prosecutor to conduct a preliminary investigation oF to file an 3 Raffle of case requires notice and presence of party enjoined only in muttiple sala court when the application is included in a complaint or any iniiatory pleading Service of summons to precede or accompany Rotice of raffle Summary hearing for all parties necessary before issuing TRO —Adhisers: Atty. Guevarre Atty, Arroyo, Atty. Salvador Ait, Vniuan Judge Bonifacio; Head 3, Maria Santos; ‘Understudy: Roxanne Tadique, Alexis Cimagata; Volunteers: Grace Escosl, Ina Bianka Siva, Nash Marohomsalc, X Suarez — 108Wiis 29 1. Matter of extreme urgency, and applicant will suffer grave injustice and irreparable injury; 2. Executive judge of muhiple-sala court or residing judge of single sala court may issue ex- arte TRO effective for 72 hours from Issuance; 3. Judge shall immediately cause upon adverse party service of summons, complaint, affidavit, and bond; 4. Within 72 hours, the judge shall conduct a summary hearing to determine whether the TRO shall be extended until application for preliminary injunction can be heard (total period ‘of TRO up to 20 days only including the 72 hours); ‘5. application for preliminary injunction is denied ‘r not resolved within said period, TRO deemed automatically vacated (except, if it is bsued by CA or member- effective for 60 days from. of copy; if Issued by SC or until further orders). 4 IRREPARABLE INJURY By “rreparable jury” is not mele such iy as ed Se ey sae eee te a pty a yper mages, ae great damage, but that species of finjuty, whether gitat ‘small, that ought not to be on tiie one hand or ieficted on the othe; ond becaset 5 tage on the ‘one hand, or so small on the other, § of such {Frequent ecurrence that no fai or reasonable be had therefore in a court of law (GENERAL RULE: No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined. EXCEPTION: When temporary restraining order may be issued ex parte. DURATION OF TEMPORARY RESTRAINING ORDER 1. 20 days from notice: if great or irreparable injury would result to the applicant before the matter can be heard on notice. 2.72 hours from issuance (issued ex parte: f the matter is of exeeme urgency and the applicant ‘wil suffer arowe injustice and ireparable injury. ee) OPERATIONS 2010 [EXTENSION OF THE 72-HOUR TRO ‘© After conducting a summary hearing within the 72 hours period until the application for preliminary injunction can be heard © The total period of effectivity of the TRO shall not exceed 20 days including the 72 hours. ‘© While the efficacy of a TRO is, ordinarily, non- extendible and ial courts have no discretion to ‘extend it considering the mandatory tenor of Rule $8, there is no reason to prevent a court from extending the 20-day period when it is the parties themselves ‘who ask for such extension or for the maintenance of the status quo. (Federation of tand Reform Farmers of the Philipines v. CA, 246 SCRA 175 (2995)) +A TRO issued by the trial court or CA expires ‘automatically upon the lapse of the 20 day period and ‘60 day period respectively. There is no need for any declaration of dissolution. (Paras v. Roura, TERRA 1 (1988) Showing of insufficiency of application; 2. Other grounds upon affidavits of the party oF ‘person enjoined, which may be opposed by the tao by affidavits; Defendant is permitted to post a e Pcountebond i appearing that he would sustain PRELIMINARY MUUNCHON WoT eT pierre rarities i“ © continued while piaintift can be fully compensated; 4. Applicant's bond is insufficient or defective, INTERIM RULES OF PROCEDURE FOR INTRA-CORPORATE ‘CONTROVERSIES ‘A party may apply for any of the provisional remedies provided in the Rules of Court as may be availabe for the Purposes of the action. However, no temporary restraining order or status quo order shall be sued save in exceptional cases and only after hearing the parties and the posting of a bond. (Sec. 1, Rule 10) + Mere filing of 3 countertond is not sufficient to dissolve @ writ of preliminary injunction. The writ may be granted or dissolved only upon good and valid rounds. To warrant dissolution, aside from the ‘counterbond, the party enjoined must also show that the injunction will cause him irreparable damage —Adjsers: Atty. Gueverrs Atty. Arroyo,Ay. Savador Ay Vnivan udge Boniface; Heads: rissa Faylonay Marla Wisin Sonkany 7 Understudy: Roxanne Tadique, Alexis Cimagals; Voluntcers: Grace Escosia, In Blanka Siva, Nash Marohomsak, KSuarer 105REMEDIAL LAW REVIEWER eLUN while applicant can be compensated for damages he may suffer (show through hearing). Filing a counterbond to dissolve injunction is not a matter of right: (De fa Cruz v. Ton Torres, 107 Phil, 1163 (1960}) Section 7. Service of copies of bonds; effect of eT eT OPERATIONS 2010 when execution has been returned unsatisfied or the judgment debtor refuses to apaly his Droperty to satisty judgment, orto carry out the judgment; 4. Imother cases where it appears appointing one is the most convenient and feasible means to preserve, administer, or dispose of the property Stenprovicfoore of: in litigation. feo im BONS ere ee cee te net RECEIVER a appointed by the court to The requisites for judgment for damages against the surety/ies are: (3) the application for damages must be filed in the same case where the bond was fled; (2) such apptication for damages must be filed before entry of judgment; and (3) there must be hearing and ‘notice to the surety. (Paramount Insurance v. CA, 310 ‘SCRA.377 (1998)) in indifferent person between property or fund in figation ‘not seem reasonable to the court ah ea hold it. IN WHAT CASES RECEIVER MAY BE APPOINTED eee Upon a verified application, one or more receivers of the Pr a property subject of the action or proceeding may be Pointed by the court where the action is pending, or by the Court of Appeals, or by the Supreme Court, or a member thereof, in the following cases: 1. The party applying for the appointment of a recelver has an interest in the property or fund subject of the action and such is in danger of being fost, removed, or materially injured unless a receiver is appointed; 2. Invam action by the mortgagee for foreclosure of mortgage when the property is in danger of being wasted or materially injured and that its ora rights of the parties are still to be determined by the trial court and there is no showing that grave or inremediable damage may result to the applicant unless a tecelver is appointed. The property in question is real property. Hence, it is neither perishable nor consumable. Even though it is mortgaged to 2 third person, there is no evidence that payment of the: mortgage obligation is being neglected. In any event, applicant's rights and may be adequately protected during the Of the action by causing his adverse claim 'annatated on the certificate of ttle. (Descallar j FOR GENIAL OF APPLICATION OR DISCHARGE OF 1 iflinnare soup vtec ce “haters party files sufficient bond for damages; ‘Applicant’ bond is insufficient; oF Recelver's bond is insufcient. ‘The appointment of a recelver lies within the sound discretion of the court. It is not a matter of absolute Fight even when stipulated for by the parties, (Samson v. Barros, 63 Phil. 198 (2936) ‘An order appointing 2 receiver is interlocutory, Certiorar, not appeal, isthe proper remedy. (lorde v. Enriquez, 78 Phil 527 (1947) Section 4. Oath and bond of receiver ‘BOND Both the applicant for receivership and the receiver appointed must ile separate bonds. value is probably insufficient to discharge the mortgage debt, OR that the parties have so stipulated in the contract of mortgage; 3. After judgment, to preserve the property during the pendency of the appeal, or to dispose of it ‘according to the judgment, orto aid in execution ‘Section 5. Service of copies of bonds; effect of disapproval of same Adversity. Guewers Aly. Arroyo Aty,Savador Ay. Vinluan judge Borifado; Heads: Casa Faylona, Maria Kistna Sonos Understudy: Roxanne Tadique, Alexts Cimagala; Volunteers: Grace Escosa, Ia Bianka Siva, Nash Marohomsalic,K Suarez‘Section 6. General powers of receiver ‘Bring and defend, in such capacity, actions in his own Take and keep possession of property in controversy; Receive rents; Cotect debts due to himself as receiver or to the fund, property, estate, person, or corporation of which he is areceler; ayia N ia O Plier RULE 60 REPLEVIN Dever of personal property at a provisional remedy Delivery of personal property as a provisional remedy consists in the delivery, by order of the court of a personal property by the defendant to the plaintiff, \who shall glve a bond to assure the return thereof or Seva tele eee eee the parent of damages to the defendant rarsfets n & ; 7. Payoutstanding debts; Plaintiff's action to recovery possession of the same 8 10. Divide the money and other property that shall remain among persons legally entitled to receive the same; lnvest funds in his hands only by order of the court "upon written consent of all the parties to action; Do acts respecting the property as court may authorize. Section 7. = property to: receiver NecLecronReusaL vo veuveR ren ra em a ee pane so try be cocina as lw 1 2 toy pred or coment So & & eee aan Biggie value of the property refused or neiiected to be’ |e -surendered with all damages that may be sustaliet by party/es entitled thereto as tarseaquence of sich reglect or refusal S Bropety fas, in order to protec the plaints right ‘of possession of said property, or prevent the defendant from damaging. destroying or disposing of the same during the pendency of the suit (Cav Roldan, 76 Phil. 445 (1946) {tis both a form of principal remedy and a provisional reli itis also described asa mixed action because it is partly i rem and partyin personam. it in rem insofar a5 recovery of specie personal property f= and its in personam insofar as the chim fr Yamages. is concemed. (BA Finance v. CA, 258 _ $24 402 (1996)) Value af the property as stated in affidavit for ‘the refum of such property and for payment of as adverse party may recover from el Tereladioelay elesblas . For the return of the property to the adverse ‘compensation of receiver Must be filed bond in the court where the action, nenaareuorte 1 pending at anytime before delivery of the Termination of receivership may be ordered by court motu proprio or upon motion of either party after determining, after due notice and hearing, that necessity for receiver no longer exists Section 9, Judgment to include recovery against sureties CLAIMS AGAINST BOND Incdaims against the bond, it shall be filed, ascertained and granted under the same procedure as Section 20, Rule 57, whether it be damages against the applicant's bond for the unlawful appointment of the receiver or for enforcing the liability of the sureties ofthe receiver's bond by reason of the receiver’s management (in the latter case, no longer need to file a separate action). rs property to the applicant 4d. In double the value of the property as stated in applicant's affidavit for delivery of property to applicant # such delivery be adjudged, and for payment of such sum as may be recovered ‘against him. (Sec. 5, Rule 60). Bond for Third-Party Claimant a. Also called as the indemnity bond 1. The sheriff shall not be bound to keep the property under replevin or to deliver it to the applicant unless the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the thicd- party claimant.in a sum not ess than the value of the property under replevin as proved in the affidavit of applicant. (Rule 60 Sec. 7). | ~hadvsers: ty. Guevarra Atty. AToyO Ay. Salvador Aly, Vinkan, judge Bonifacio; Heads: Gavia Fayiona, ‘Understudy: Roxanne Tadique, Alexis Cimogala; Volunteers: Grace Escosia, ina Blanka Sila, Nash Marohomsali,K Suatez —Section 1. Application [WHEN REPLEVIN AVAILABLE {tis available only in an action where the principal relief is the recovery of possession of personal property. The plaintiff may apply for an order for the delivery of such property to him, at the commencement of the action or at any time before answer. + Machineres bolted to the ground are eal property that may not be subject to repkvin. (Machineies Engineering Supply Corp. v. CA, 96 Pil 70 (2955) © The chattel mortgagor is an indispensable party in a replevin action preparatory to foreclosure proceedings. Dismissal of the replevin action as 10 him resus in dismissal of the action against bis co- defendant third party possessor. (Servicewide ‘Specialists v. CA, 251 SCRA 70 (1995)) ‘+ Where personal property is seized unde#"S search warrant and there is reason to that the seizure l not anymore be followed by the fifing of a Ciminal action, and there are editing ats over oc the seized property, the properremedy i of 08 the atin for Folin of an lero he conamareenens Sie camennaee ere or poh iat the seizure will be flout efi of § od er 6 Pretminary investigation ‘the criminal information has ‘Say ea commenced of fed and acta preset a | ‘there are conficing claims over ee) OPERATIONS 2010 cart slot Aecestari oe Section 2. Affidavit and bond [REQUISITES FOR REPLEVIN 1. Affidavit of the applicant, or some other person who persopally knows the facts, showing that: ‘a The applicant is the owner of the property claimed, particularly describing t, or is entitied to the possession thereof; b. The property is wrongfully detained by the adverse party, alleging the cause ofits detention according to the best of his knowledge, information and belief; who would assume the _} if the petition prospers, sameifhisactionis | would not be entitled to sucessful ‘thatoffice ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia Ia Blanka Siva, Nash Marohomsalc, K Suarez — Section 1. Action by government against individuals QUO WARRANTO - Latin phrase meaning “by what authority.” itis the remedy or proceeding by which the sovereign or state determines the legality of a claim which a party asserts to the use or exercise of an office or franchise and ousts the holder from its enjoyment, if the claim is not well founded, or if the right to enjoy the privilege has been forfeited or lost. (Qv0 WaRRANTO UES AGAINST: LA. person who usurp, intnfes Into, or tniwfolly holds or exerces 2 public ofc, poston, or fonchice: 2 J publ officer who does or sues an act which, ‘bythe prison of nw, constitutes a ground for ‘the forfeiture of his office; or ‘An asiocation which act as 2 corporation within the Philpines without being lay incarnated or without lawful authority so to Section 4. When hearing had on application for permission to commence action ‘Section 5. When an individual may commence action WHO COMMENCES THE ACTION 1. The Solicitor General or a public prosecutor, when dlrected by the President of the Philippines, or when upon complaint or ‘otherwise he has good reason to believe that any case specified in the preceding section can be established by proof. (mandatory quo worrante) 2. The Solicitor General ora public prosecutor may, with the permission of court, bring an action at the request and upon the relation of another person. (discretionary quo worranto) ara Kitna Sartor = us4pm, REMEDIAL LAW REVIEWER. 5 3. _Aperson claiming to be entitled to a public office (or position usurped or unlawfully held or exercised by another may also bring an action, in his own name. Section 6. Parties and Contents of Petition PETITIONER — Name of the person who claims to be entitled thereto, with an averment of his right to the same and that the respondent is unlawfully in possession thereof. Petitioner must show that he is entitled to office held by respondent, not merely that he has a preferential right 10 bbe appointed. Section 7. Venue: 1. Supreme Court 2. Courtof Appeals respondents resides 4. Regional Trial Court in the City oF ands es SC—When SolGen comr 5 Sa hetero whee the respoater an ee ceo Section 9. Judgment Where That Soe therefrom, and that the petitioner ot may be, recover his costs. Such further judgment may be rendered determin respective rights in the public office, position or franchise cof ll the parties to the action, as justice requires. ‘Section 10. Rights of Persons Adjudged Entitled to Office; delivery of books and papers; damages 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 official bbond required by law: 1. Take upon himself the execution of the office; May immediately thereafter dermand all the ‘books and papers in the respondent's custody or ee) OPERATIONS 2010 Section 11. Limitations ‘Action must be commenced within 1 year after the cause of such ouster, or the right of the petitioner to hold such office or postion, arose. {An action for damages in accordance with Sec. 10 should be commenced within 1 year after the entry of the judgment establishing petitioner's right to the office in ‘question. Section 12. Judgment for costs RULE 67 EXPROPRIATION EMINENT DOMAIN — the right of the State to acquire Private property for public use upon payment of just =the procedure to be followed in the ‘Right and purpose of expropriation; Description of the real and personal property sought to be expropriated; A persons owning of aiming to own or any part or interest; and the property to be expropriated isin the name ‘of the Republic of the Philippines, an averment to that effect shall be made, (GENERAL RULE: All properties can be expropriated EXCEPTIONS: 1. Money 2. Choses in action Section 2. Entry of plaintiff upon depositing value with authorized government depositary Plaintiftshall have the right to take or enter upon the possession ofthe real property: * Upon the filing of the complaint, or at anytime thereafter and after due notice to the contol appertaining to the office to which the sdefendantsand judgment relates; and © Upon depost 3. May bring an action against the respondent to in recover damages sustained by such persons by reason of usurpation. : z BEE EEE SEE EEEEL 7 7 —Aévisers: Atty. Guevara Aly. Arayo.Aty, Salvador Atty, Viriuar judge Boifaco; Heads: Gaia Faylona, Mara Kestina Sonos * Understudy: Roxanne Tadique, Alexis Cimagala; Volunters: Grace Escosa, ina Blanka Siva, Nash MarchomsalicK Suarerme __ REMEDIAL LAW REVIEWER. * Amount equivalent to the assessed value of the Property for purposes of taxation. + Deposited with the authorized government depository. ‘© Ie shall be held by such bank, subject to the ‘orders ofthe court ‘It shal be in 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 to the authorized government depositary. if personal property, ts value shall be provisionally ascertained and the amount to be

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