RULE 31: COSOLIDATION OR SEVERANCE
such motion may be made ex parte
 Actions which has common questions of law or fact can be
ordered a joint hearing or trial
 Consolidation of cases on appeal and assigned to different
divisions of the Supreme Court and Court of Appeals
 Generally applies only to cases pending before the same
judge not t case pending in different branches
o Cases pending before different branch can be
consolidated – whenever appropriate in the interest
of justice
 It is to avoid multiplicity of suits, guard against oppression or
abuse, prevent delay, clear congested dockets
Generally, consolidation of cases involving the same parties and
subject matter is discretionary with RTC.
 It becomes a matter of duty if two or more cases are tried
before the same judge or filed with different branches and one
is PARTIALLY TRIED
3 ways of consolidating cases:
(1) By recasting the cases already instituted, conducting only one
hearing and rendering only one decision
(2) Consolidating existing cases and holding only one hearing
and rendering only one decision
(3) Hearing only the principal case and suspending the hearing
on the others until judgment has been rendered in the
principal case
(Salazar vs CFI of Laguna et. al., 64 Phil. 785I)
SEC 2. Separate trials
 Separate trial of any claim, cross claim , counterclaim or third
party complaint
 It may render separate judgments on each claim
The two primary factors to be considered in determining whether to order
separate trials are efficient judicial administration and potential
prejudice. Separation of issues for separate trials is "not the usual
course that should be followed. (Metropolitan Bank and Trust Company
v. Sandoval, G.R. No. 169677, February 18, 2013)
RULE 32 TRIAL BY COMMISSIONER
 Case may be referred to a commissioner to be agreed upon
by the parties or to be appointed by the court.
Order of Reference:
 Specify or limit the powers of the commissioner
 Direct him to report on particular issues
 Perform particular acts
 Receive and report evidence
 Fix date of hearing
As opposed to a clerk of court, commissioner may rule upon the
admissibility of evidence unless otherwise provided.
 Failure of a party to appear before the commissioner; case
may proceed ex parte or in his discretion adjourn for another
day
 A written report by the commissioner shall be filed.
 Parties have 10 days to signify their objection to the findings
of the report
Upon lapse of 10 days report shall be set for hearing
RULE 33: DEMURRER TO EVIDENCE
 A motion to dismiss on the ground of insufficiency of evidence
and is presented after the plaintiff rests its case.
 When demurrer to evidence is sustained such order would be
an adjudication on the merits Sec 1 Rule 36 applies
 Defendants who present a demurrer to plaintiff’s evidence
retain their right to present their own evidence, if the trial court
disagrees with them
 BUT ON APPEAL, if the appellate court disagrees with both
of them and reverses the dismissal order, the defendants lose
the right to present their evidence.
 The appellate court shall resolve the case and render
judgment on merits. It cannot remand the case for further
proceedings. (Radiowealth Finance Co vs Del Rosario)
Hence, denial order is interlocutory in nature.
RULE 34: JUDGMENT ON THE PLEADINGS
 If there is a failure to generate issue.
o No controverted issue between the parties.
o Plaintiff is also assumed to have admitted all the
relevant allegations of fact
 Admits the material allegations of the adverse part’s pleadings
 Judgment is based exclusively upon the allegations appearing
in the pleadings
 It must be on the motion of the claimant.
o If at pre-trial the court finds judgment on the
pleadings proper it may render such judgment motu
propio (Sec 2 [g], Rule 18)
 Available in any action except for declaration of nullity of
marriage and legal separation
 This is subject to the 3 day notice rule
 When all the material averments of the complaint are admitted
RULE 35: SUMMARY JUDGMENTS
 It is proper even if there is an issue as to the damages
recoverable
 It is based not only on the pleadings but also upon affidavits,
depositions and admission of the parties except to the amount
of damages
Requires prior 10 day notice; opposing party 3 days
Summary judgment is not proper where defendant presented defenses
tendering factual issues which call for the presentation of evidence.
RULE 36: JUDGEMENTS, FINAL ORDERS AMD ENTRY THEREOF
 Dispositive portion controls regardless of what appears in the
body
Exception: Where there is inevitable conclusion from the findings of fact
to show that there was a mistake in the dispositive portion
Judgment on confession or upon compromise agreement cannot be
entered by the counsel without knowledge and consent of the plaintiff
Judgment on consent – the provision and terms of which are settled and
agreed upon by the parties entered in the record by the consent of the
court.
Judgment by confession – and affirmative and voluntary act of the
defendant himself and the court exercises certain amount of supervision
 Judgment on compromise agreement is immediately
executory
Judgment nunc prutunc – to enter or to record such judgment as had
been formerly rendered but has not been rendered
 The date of finality of the judgment or final order shall forthwith
be deemed to be the date of its entry
 Judgment for or against one or more several parties -
Judgment may be given for on or more several
plaintiffs/defendants
 Several Judgements – the court may when several judgment
is proper, render judgment against one or more of them.
o Action can still proceed against the others
 In case of several judgment the court may render judgment
against one or more of them, leaving the action to proceed
against the others
 Separate Judgements – the court may at any stage, upon
determination of the issues material to a particular claim and
all counterclaims arising out of the transaction may render
judgment disposing such claim.
o It shall terminate the action with respect to the claim
disposed and action shall proceed with the
remaining claims
Judgment is rendered against an entity without juridical personality shall
set out their individual or proper names if known
RULE 37: NEW TRIAL OR RECONSIDERATION
 Must be within the period of taking an appeal (15 or 30 days)
Grounds
(a) F.A.M.E – fraud must be extrinsic; based on affidavit of merits
;mistake generally refers to mistake of fact, mistake of law
when good faith of the defendant was misled
(b) Newly discovered evidence
Motion for New trial is considered pro forma when:
 Based on the same grounds raised in a preceding MNT or MR
 Same arguments and manner of discussion appearing in the
prior motion
 Grounds already existed
 Based on the ground of insufficiency of evidence or the
judgment is contrary to law
 Based on FAME but does not specify the facts constituting this
grounds
 Pro forma will not stop the running of the reglementary period
 No second MR
 Second MNT would still be available under the circumstances
set out on Sec 5
 MR based on the same grounds as the MNT is considered
MNT
 Negligence of the counsel can be a ground for MNT if it is so
great that the party was prejudiced
Newly discovered evidence to warrant new trial:
(a) Discovered after trial
(b) Could not be produced at the trial despite reasonable
diligence
 (c) If presented would probably alter the results
Motion for reopening – case must have been submitted for decision but
no decision rendered
Omnibus motion rule (second MNT) – shall include all grounds then
available and those that are not included shall be deemed waived
 When MNT is granted judgment will be set aside but the
evidence previously adduced will not be set aside
 No appeal from denial of MR and MNT
Partial MNT & MR – this is permissible in several or separate judgment
RULE 38: RELIEF FROM JUDGMENTS, ORDERS OR OTHER
PROCEEDINGS
 Judgment or final order is entered against a party may file a
petition in such court and in the same case
 Court will not issue summons, not an initiatory pleading
GROUNDS:
(1) F.A.M.E
(2) Prevented from taking an appeal
 It is an equitable remedy and is allowed only in exceptional
cases from final judgments or orders where NO OTHER
REMEDY IS AVAILABLE
 It will not be entertained if appeal and certiorari is available
 Applicable to all kinds of special proceedings such as land
registration, intestate settlement and guardianship
proceedings
It must be filed within 60 days after petitioner learns of the order but not
more than 6 months after judgment was entered
 Must be accompanied with affidavits showing FAME and good
and substantial cause
 Adverse party shall answer within 15 days from the receipt
thereof
- failure to file an answer does not constitute default
- even without such answer the court will still have to
hear and determine merits
NOTE SEC 5: WPI may be granted for the preservation of the right of
the parties upon payment of bond
 When Writ of execution was issued and levy was made before
the petition for relief was filed, lien is not discharged by the
WPI
If granted: The court shall then proceed to hear and determine the case
as if a timely MNT or MR is filed
A grant is interlocutory and non-appealable
RULE 39 SEC 1 TO 14
Shall issue AS A MATTER OF RIGHT
 Upon a judgment or order that disposes of the action or
proceeding upon the expiration of the period to appeal and no
appeal has been perfected
 One interlocutory order that can be subject of execution –
support pendente lite
 These shall apply to partial judgments which totally dispose a
particular claim which is severable
Par 2 Sec 1 : perfected and resolved appeal, the execution may be
applied in the court of origin
 When execution is a matter of right no need for advance notice
to judgment debtor
 Court cannot refuse issuance of writ of execution if judgment
is final and executory (Note exceptions pp. 452, Regalado)
Quashal of writ is proper when:
(1) Improvidently issued
(2) It was defective in substance
(3) Issued against a wrong party
(4) Judgment already satisfied
(5) Issued without authority
(6) Change in the situation of the parties that would render
execution inequitable
(7) Controversy was never submitted in court
SEC 2 EXECUTION PENDING APPEAL – DISCRETIONARY
Where to file:
(1) In the trial court while it has jurisdiction over the case and is in
possession of either the original record or the record on
appeal
(2) At the appellate court after the trial court has lost jurisdiction,
by reason of perfection of appeal
 CA cannot issue immediate execution pending appeal of its
own decision
 To stop execution pending appeal, must file SUPERSEDEAS
BOND
- The bond may be proceeded against on motion with
notice to surety
Immediately executory: Injunction, Receivership, Accounting and
Support
 Shall not be stayed by an appeal unless otherwise ordered by
court
In cases of reversal, restitution is proper
NOTE SEC 6:
 Final and executory judgment may be executed on motion
within 5 years from entry
 After the lapse of such time before it is barred by statute of
limitations judgment may be revived by motion within 5
years from the date of its entry.
In case of death of a party, SEC 7 provides
Writ of execution shall issue in the name of the republic of the Philippines
from the court that granted the motion
How writs shall be enforced:
Sec 9 – Money judgments
 If the obligee is not present to receive payment – deliver the
sheriff turn over to the clerk of court; if not practicable deposit
to government fiduciary account
 Judgment obligor will be the one to choose which property will
be subject for levy
 For real property, Registry of deeds will be the one to choose
 In garnishment – the person or entity in possession is a forced
intervenor
Sec 10 – Reconveyance of title, possession
 If person refuses to surrender possession contempt is not the
remedy.
 Sheriff must oust the party but if demolition is involved hearing
must conducted
 In case of possession – there can be break open/demolition
 For delivery of personal property – deliver it to the judgment
oblige
Sec 11 – Special judgments
 Performance of an act other than payment of money or
delivery of property
Levy on execution shall create a lien in favor pf the judgment obligee
over right title and interest AT THE TIME OF THE LEVY
NOTE SEC 13 – PROPERTIES EXEMPT FROM EXECUTION
 Exemption enumerated therein cannot be claimed If the
judgment is for the recovery of the unpaid price of the article
involved or for the foreclosure of the mortgage thereon
 Salary is not exempt “wage” is (Gaa v CA)
Writ shall be returned to the court upon satisfaction in part or in full
SEC 15 TO 30
Notice of sale:
(a) Perishable property – written notice in 3 public places,
conspicuous areas of municipal hall etc. For reasonable time
considering the condition of the property
(b) Personal property – 3 public places for 5 days
(c) Real property – 20 days in 3 public places; if value more than
50K publish 2 consecutive weeks, once a week
Written notice shall be given to judgment obligor at least 3 days before
sale – except as provided for in paragraph A
NOTE SEC 16 – Property claimed by third person
 Terciera – an affidavit of title or right to possess. Stating
grounds of such right or title an serves the same upon the
officer making the levy
 Officer shall not be bound to keep the property. UNLESS
obligee posts a bond approved by court – to indemnify 3rd
party claimant
 Must go after the bond within 120 days
 Despite no bond, file a separate action for injunction
Sec 19 – provides for in case of surplus
 In case of excess proceeds it shall be delivered to the
judgment obligor unless otherwise ordered by court
 In case of refusal of the purchaser to pay, officer may sell
again the property to the highest bidder and shall not be
responsible for any loss
 Refusing purchaser can be ordered by court to pay for the loss
If capable of manual delivery – officer must deliver the property and if
desired deliver him certificate of sale (discretionary)
Not capable of manual delivery – must execute and deliver certificate of
sale (mandatory)
  Purchaser shall acquire all the rights which the judgment (4) Identity of parties, identity of cause of action, identity of
obligor had at the time of the leyy subject matter

The one year redemption period – shall count from the annotation at Sec 48 – Effect of foreign judgment or final orders
the title  In case of specific things it is conclusive upon the title
Foreign judgments cannot extend beyond it boarders

Who may redeem? RULE 40 APPEAL FROM INFERIOR COURTS TO RTC

(1) Judgment obligor or his successor in interest
(2) Creditor having a subsequent lien (redemptioner) MTC RTC CA SC
FACT & LAW RULE 42 RULE 45 (pure questions of law)
PETITION FOR REVIEW
NOTE SEC 28 - FACT & LAW
 Judgment may be redeemed within 1 year + 1% per month - FACT OR LAW
interest
RULE 43, in case
 Property so redeemed may again be redeemed 60 days after (Quasi-judicial Agency)
the last redemption + 2% per month interest
 Property may be redeemed as often as redemptioner is so
disposed within 60 days from last redemption RTC CA
COURT OF QUESTIONS OF FACT & LAW
 BUT WITHIN 1 year period granted to the judgment obligor ORIGIN
 If a redemptioner redeems: he must give notice to officer. If no
notice is filed, property can be redeemed without assessment
tax
PURE QUESTIONS OF LAW, RULE 45
(IF CA ERRED)
If the judgment obligor redeems no further redemption can be made
When to appeal?
Can period of redemption be suspended?  15 days after notice – ordinary appeal
 Filing of any case will not stop the running of redemption  30 days in case of multiple appeal – notice of appeal and
period record of appeal shall be filed
 But can be subject to the agreement of both parties
Note: Jurisdictional amount of MTC & RTC
Redemption price must be paid in cash or managers check
Note: SEC 7 – Procedure in RTC
SEC 30 – proof required of a redemptioner
SEC 8
SEC 31 TO 50
MTC RTC
Rights of the judgment debtor: Dismissed lack (1) AFFIRM
of jurisdiction (2) REVERSE
 Possession over SM
 Rents
 Repairs
REMAND
To stop wastage – file for injunction
 Income derived from the property shall belong to the judgment Notice of appeal – must be furnished with the other party
obligor pending redemption
 Ordinary appeal – as long as you pay the docket fees it is a
Notre Sec 33 – purchaser shall be entitled to conveyance and statutory right; pertinent records shall be elevated
possession after the lapse of 1 year  Petition for review – does not elevate the records unless court
 If so redeemed and 60 days had lapsed redemptioner shall be orders
entitled (obligor shall not lose right for 1 year redemption)
 Possession shall be given to the purchaser or last When record on appeal needed?
redemptioner unless a 3rd party is actually holding the property (1) Partition
 Purchaser acquires no better right then the judgment debtor (2) Expropriation cases
(3) Judicial foreclosure
Instances when the purchaser recover the price: (4) Special proceeding – probate
(1) Fails to recover
(2) Evicted due to the irregularities of the sale * you have to furnish the other part if not, it will not toll the running of the
(3) Execution pending* period

How? RULE 41 APPEAL FROM RTCs

(a) File a case against the judgment creditor to recover the price
with interest No appeals may be taken from:
Motion to revive judgment
WE PAID
 When judgment is rendered against several persons, if one of Writ of Execution
them pays he has right to reimbursement. Pending
Orders denying Appeal
POST JUDGMENT REMEDIES Interlocutory orders
NOTE SEC 36 – When judgment returned unsatisfied Denial
 Judgment obligor may be ordered to appear in court and be
examined In the foregoing circumstances, aggrieved party may file an appropriate
special civil action in Rule 65
Sec 37 – Examination of the debtor of the judgment obligor; corporation
or other juridical entity  An appeal in habeas corpus cases shall be taken within 48
 However, cannot be compelled to appear if the live outside the hours from notice of judgment
city where the obligor resides or found  The period of appeal shall be interrupted by timely MR and
MNT
REMEDIES IN AID OF EXECUTION  No motion for extension to file MNT & MR
(1) Court may appoint a receiver (Sec 41)  Second MNT is allowed if newly discovered evidence is not
(2) Ascertainable interest, can be ascertained w/o controversy present in the first MNT
(Sec 42)
(3) Existence of adverse interest – may ask the court to sue the
third party Note Sec 6 – contents of record on appeal

 In cases of surety, they are bound by the judgment rendered  In cases with multiple appeals – Joint record on appeal (Sec
from the time that he has notice of the action or proceeding 8)

NOTE SEC 47 – EFFECT OF FINAL JUDGEMENT OR ORDERS – NOTE SEC 9 : PERFECTION OF APPEAL
ruled on res judicata
Notice of appeal – upon filing
 Judgment in rem – against a specific thing // it is conclusive Record on appeal – upon approval
as to the title
 In cases of will – shall only be prima facie evidence of death Hence, even prior to transmittal WPI can issue on matters not litigated
of the testator or intestate by the appeal

Requisites of res judicata:

(1) Judgment must be final
(2) It must be based on the merits (not technical grounds)
(3) Court must have jurisdiction
SEC 2 DIFFERENCES BETWEEN 45 & 65
ORDINARY PETITION FOR PETITION FOR REVIEW RULE 45 RULE 65
APPEAL REVIEW ON CECRTIORARI  Question of law  Grave abuse
Decided MTC to RTC to MTC – RTC – CA - SC  15 days  Interlocutory order prior
by MTC to RTC CA RTC – CA  Stays judgment appeal
or RTC to CA -RTC as on pure questions of law  Petitioner / Respondent  Not later than 60 days from
appellate court  Appellate Review notice
Notice, pay with - pet rev w/ CA - pet rev SC Dismissal = Final & Executory  Secure WPI, TRO
court of origin; - Pay w/ CA - pay SC  Aggrieved party is the
copy furnish - copy furnish - CC party court below petitioner – public
opposing party party and court respondent
below  Higher court exercises
15/ 30 DAYS 15 DAYS 15 DAYS power over the proceeding
of the lower court
Dismissal is alright = there’s still
DIFFERENCE BETWEEN APPEAL FROM RULE 65 proceeding below
Certiorari 65 – errors of jurisdiction, original jurisdiction over the courts
below, 60 days – File MR – this is not a substitute for lost appeal RULE 46: ORIGINAL CASES

Appeal – errors of judgment, CA appellate power of review, Apply to original actions for:
continuation of proceedings, 15/30 – No MR needed Certiorari, Prohibition, Mandamus and Quo Warranto

RULE 43: APPEALS FROM COURT OF TAX APPEALS AND QUASI
JUDICIAL AGENCY TO THE CA
RA 1125 – decision of the CTA is not appealable to CA
 CTA en banc decision is appealable to SC
 This rule does not apply to final orders issued under the Labor
Code
Period of appeal: 15 days from notice of award, judgment, final order or
resolution or from the date of last publication
 It can be question of fact or question of law // mixed
 Don’t implead the court that rendered the decision, only the parties
Note Sec 6 – contents of the petition
 Failure to comply such as (payment of docket fees, proof of
service etc.) ground for dismissal
Decision under this rule is immediately executory unless TRO, WPI
NOTE SEC 3 – contents and filing of petition
 Certificate of non-forum shopping
 Certified true copies of judgment, order resolution
 Docket fees
Court may dismiss petition outright with specific reasons.
 Should there be factual issues needed to resolved the court
may conduct hearings and receive evidence
Failure of respondent o file the required comment 10 days from notice
will not cause default – case may be decided based on records
RULE 47: ANNULMENT OF JUDGMENT FINAL ORDERS AND
RESOLUTIONS
This is not a mode of appeal – it is an ORIGINAL ACTION

RULE 44: ORDINARY APPEALED CASES
 Failure to file appellant’s brief on time is a ground for dismissal.
 However expiry of period to file appellant’s brief does not
automatically result in the dismissal of the appeal or loss of
appellate jurisdiction
If a motion to dismiss an appeal has been filed, it suspends the running
of the period for filing the appellants brief
Time for filing of memorandum in special cases provided for in Sec 10 –
30 days from receipt of notice – failure will be a ground for dismissal
 Annulment by the CA of judgments and final order of RTC when
MNT, Appeal Petition for relief and other appropriate remedies
are no longer available
- may be on the ground of extrinsic and collateral
fraud.
- May be filed by a person who is not party to the suit.
(must prove fraud and collusion and was adversely affected thereby)
- May be availed even if the judgment has been fully executed (ask
for reimbursement)
Note: Must state why they failed to avail of other remedies

 Extension of time for filing briefs will not be allowed except for
good cause
Note Sec 13 – contents of appellants brief
Sec 14 – contents of appellants brief
Questions that may be raised on appeal:
 Assignment of errors any question of law or fact that has been
raised in the court below
 Questions of jurisdiction based on considerations of law but
not on facts which was not raised in the lower court
GENERAL RULE: Cannot change theory on appeal
EXCEPTION: Substantial justice requires
RULE 45: APPEAL BY CERTIORARI TO THE SUPREME COURT
Grounds and period:
(1) Extrinsic fraud – 4 years upon discovery
(2) Lack of Jurisdiction – before it is barred by laches
 Initiated by filing a verified petition with good and substantial
cause of action or defense
 Must likewise submit affidavits of witnesses or documents
supporting the cause of action or defense
 Certificate of non-forum shopping
There must be a finding of prima facie merit – if non dismissed outright
with reasons.
 Annulment under this rule shall render the assailed decision
null and void WITHOUT prejudice to refilling with the proper
court

 Appeals to the SC are made only with verified petitions for
review on certiorari.
Exceptions: Judgments of RTC in criminal cases with penalty
imposed is life imprisonment or reclusion perpetua
 Petition shall be filed within 15 days from notice of judgment
 On justifiable reasons court may grant extension of 30 days within
which to file petition
Payment of lawful fees and proof of service of petition – failure is
ground for dismissal
QUESTIONS OF LAW ONLY
 Note cases where the findings of fact of RTC and CA are
contradicting (Joaquin case)
 When it is annulled on extrinsic fraud – the court may on
motion order RTC to try the case as if a timely MNT has been
filed
Sec 8 – prescriptive period for refiling of original action shall be deemed
suspended from the filing original action until finality.
 Annulment may include award for damages, attorney’s fees and
other relief
- restitution may issue as justice and equity may warrant
NOTE SEC 10 – Annulment of judgment of MTC
 Shall be filed with RTC.
 It shall be treated as an ordinary civil action
 2, 3,4,7,8,9 of this rule shall apply

Exceptions: RULE 48: PRELIMINARY CONFERENCE

(1) Conclusion of facts is grounded on speculation
(2) Inference is manifestly a mistake, absurd
(3) CA went beyond on the findings of the case
Note SEC 4 – Contents of the petition
 Review is not a matter of right but subject to the sound discretion
of the court
 Applicable to both civil and criminal cases
– before 3 justices
 To consider possibility of settlement
 Simplify and clarify issues
 Formulate stipulations of facts
 Take up such matters may aid court in prompt disposition
Resolution in this rule shall control subsequent proceedings unless other
party within 5 days show valid cause why same should not be followed

 Can be availed of in MNT

 Only CA can make call for conference
 Both parties can file but subject to discretion of CA
RULE 49: ORAL ARGUMENT
 Limited to such matters as the court may specify in its order
 ONLY ONE COUNSEL may argue unless allowed by court
 Adverse party can file opposition within 5 days
RULE 50: DISMISSAL OF APPEAL
Dismissal of appeal – note grounds under sec 1
 Grounds are DIRECTORY NOT MANDATORY
Other grounds for dismissal:
(1) By agreement of the parties
(2) Case became moot and academic
(3) When appeal is frivolous
RULE 51: JUDGMENT
Case shall be deemed submitted for judgment:
Ordinary appeals:
(1) No hearing on the merits is held, upon filing of the last
pleading etc. or the expiration of the period for its filing.
(2) Upon termination of the hearing or the filing of the last
pleading or expiration of period to file
Original action and petitions for review:
(1) No comment is filed
(2) No hearing is held upon the filing of the last pleading or
expiration of period to file
(3) Termination hearing on the merits of the main case
 Unanimous vote of 3 justices is required (affirm/reverse) – to
be binding
 CA can direct new trial and remand
What can be decided? – only errors claimed and assigned by the
parties?
EXCEPTIONS: (1) Errors that affect the very jurisdiction of
of the court.
(2) Errors affecting the validity of judgment
appealed from
(3) Errors closely related to property agreed
in the brief
How to execute?
Certified copy of decision addressed to officer with authority
RULE 52
When: 15 days from notice with proof of service to the adverse party
 CA shall resolve within 90 days from the date when the court
declares it submitted for resolution
Pendency of ME stays the execution of the judgment sought to be
reconsidered
RULE 53
When: Any time after the appeal from the lower court has been perfected
and before CA loses jurisdiction over the case
Ground: Newly discovered evidence ONLY
CA acting as original/appellate jurisdiction ca receive evidence
RULE 55 : ORIGINAL AND APPEALED CASES
SC as appellate court – Petition for review on certiorari
EXCEPT: Criminal case with the penalty of death, Reclusion perpatua
and life imprisonment
If original action is commenced in SC and decision is equally divided =
DISMISSED
RULE 57: PRELIMINARY ATTACHMENT
When: At the commencement of the action or at any time before entry
of judgment
Sec 1:
(1) Recovery of specified amount of money or damages other
than moral and exemplary – cannot be unliquidated damages
(2) Money or property embezzled by public officer or officer of the
corporation
(3) Recover possession of property unjustly or fraudulently taken
(4) Against a party who is guilty of fraud
(5) Who has removed or disposed property with intent to defraud
his creditor
(6) Against a party who does not reside in the Philippines
 Have the property of the adverse party attached as a security
for the satisfaction of any judgment that may be recovered
 Any party not only the plaintiff can avail of the preliminary
attachment as long as any of the grounds therefore exits
 It may be issued EX PARTE or upon motion with notice and
hearing
 Affidavit must be filed, prepared by person who has actual
knowledge
 No other sufficient security
 There must be ground to satisfy issuance
Property exempt from execution is also exempt from attachment.
BOND
 Bond answers for the damages and costs which may be
adjudged to the adverse party arising from and by reason of
the attachment.
COUNTERBOND
 Amount equal to the bond fixed by court
 Supposed to answer for the judgment
 Motion for execution pending appeal; can go after the counter
bond
3 stages in the issuance of WPI
(1) Order
(2) Writ
(3) Implementation
Complaint GRANT BOND ISSUANCE IMPLEMENTATION
w/ WPA
Need not have jurisdiction Must have jurisdiction
over the person
NOTE: SEC 11 – when property attached may be sold
Discharge of WPA
(a) Debtor can post counterbond/ cash deposit
(b) Filing motion to lift WPA; improperly issued
(c) Properties attached is excessive
(d) Motion to lift if exempt from execution
 Whatever right the debtor has during the implementation of
WPA is the same creditor will acquire
SEC 14 – TERCIERA
 Third party claiming interest can maintain separate action to
vindicate his interest over the property
SEC 20 – claim for damage from improper, excessive attachment
 File before trial
 Include in the answer by way of counterclaim
 Before appeal is perfected before judgment executory
Hearing is necessary
 Nothing in Sec 20 prohibits the additional attachment if
insufficient
General rule: Damages for wrongful attachment cannot be subject to a
separate case
Exception:
(1) Principal case dismiss due to no jurisdiction
(2) Damages sustained by 3rd person
RULE 58: PRELIMINARY INJUNCTION
 WPI can be granted at any stage of an action or proceeding prior
to the judgment or final order
Purpose: preserve the status quo
2 Kinds:
(1) Preliminary – at any stage prior to final order remedy to
question is Rule 65
(2) Fina injunction – Sec 9 to permanent the preliminary injunction
– remedy appeal Rule 45
 WPI cannot be issued ex parte
 Injunction against a person – may be the main case itself
NOTE SEC 5:
General rule: Preliminary injunction cannot be granted without hearing
 It shall appear from the facts shown by affidavits that great or
irreparable injury would result to the applicant
 The court where application of WPI was made may issue ex
parte a temporary restraining order effective for 20 days
- within the 20 day period, the court must order party to show
cause why injunction should not be granted
Matters of extreme urgency
 Applicant will suffer grave injustice and irreparable injury
Executive judge – may issue TRO within 72 hrs
 If after the lapse of 20 days and WPI is denied or not resolved,
TRO is automatically vacated
 Effectivity of TRO is not extendible w/o need of any judicial
declaration to that effect
TRO issued by CA = 60 days lifetime
SC = thy kingdom come
 SC, CA WPI in original and appellate jurisdiction
 RTC limited only to territorial jurisdiction
  Injunction as the main case not under SC
When it is later finds that the person who has been providing support is
 ULP, no one can issue WPI also SSS, patent office and not liable therefore court shall order the return the amounts paid with
Comelec interest

Note: PD 605 RULE 62: INTERPLEADER

No WPI against government infrastructure
This is an INITIATORY PLEADING
Status Quo order – merely intended to maintain the last actual  Filed whenever there exist conflicting claims of same subject
peaceable state matter – may compel parties to implead and litigate their several
Issued motu propio claims among themselves

RULE 59: RECEIVERSHIP Summons shall be served among the conflicting claimants
 Parties can file answer within 15 days from service of
 May be the principal action itself or ancillary remedy summons

Who is a receiver? MTD – can be filed on the ground of impropriety of the interpleader
A person appointed by the court in behalf of all parties to the action. action or on upon appropriate grounds specified in Rule 16.

Purpose: Preserving the property involved in the suit and to protect rights Jurisdiction: Depends upon the nature of the case
of all parties.
INTERPLEADER INTERVENTION
BOND – before appointing a receiver, the court shall require the - main action - ancillary action
applicant to file a bond executed to the part against who, the application - party has no interest - legal interest
is presented in the subject matter

Generally: Party is not allowed to be a receiver RULE 63: DECLARATORY RELIEF

Power of a receiver: WHO: Any person interest under a deed, will contract or other written
(1) Receives rent and collect debt instrument
(2) Compound for and compromise for the same
(3) Pay debt ISSUE: Validity/ Construction of document

w/ approval of the court REQUISITES:

(1) Written instrument
Termination of receivership: (2) Terms of document and validity are doubtful
 On motion or motu propio – court shall determine if the necessity (3) There should be no breach
of the receiver no longer exist (4) Actual justiciable controversy
The court shall allow the receiver such reasonable compensation as ten (5) Exhausted remedy
circumstances of the case warrants (6) No case where can get affirmative relief

RULE 60: REPLEVIN  Concept of cause of action does not apply in declaratory relief
 Judgment does not entail execution process
 Recover of possession of personal property unjustly detained  No third party complaint on the ground CISO
 Can be sought only where the defendant is in actual or  Yes counterclaim
constructive possession
- recovery of damages is merely incidental * If during pendency breach occurred it will be converted to ordinary civil
action
WHEN: At the commencement of the action or at any time before
answer, apply for and order for the delivery of such property RULE 64: REVIEW OF JUDGMENT FINAL ORDERS OR
RESOLUTIONS OF COMELEC AND COA
REPLEVIN Sec 1 (c) Rule 57
- may be sought if aPorction - any action When: 30 days from notice of the judgment or final order or resolution
is for recovery sought to be reviewed.
- defendant in actual or - even in the hands of a
constructive possession 3rd party  Filing of MR is only allowed if allowed by rules
- should not be in custodia - can be availed of even  Neypes ruling does not apply in – 64 and 65 they are not
legis if in custodia legis modes of appeal

Applicant must: Requirements: Minimum 3 parties

(1) Append affidavit that he is the owner or he is entitled for  State name of aggrieved v commission; private respondent
possession  Facts, issues – must be errors in jurisdiction
(2) Wrongfully detained  Must state material dates
(3) Property has not been distrained for taken for tax assessment  Prayer: Judgment be annulled
(4) The actual market value of the property
Other documents:
 If within 5 days after the taking of the property the adverse party  Certified true copy of assailed decision
does not object to the sufficiency of the bond or surety or;  Certificate against non-forum shopping
 Court approves bond or new bond  Proof of service
 If the adverse party required return of the property but his bond is Pay docket fee on time
objected
– the property shall be delivered to the applicant  Supreme court must issue order to comment then file private
respondents
The property shall be returned to the defendant when:  No other pleadings shall be filed after comment unless required
(1) Seasonably post a redelivery bond
(2) Plaintiff bon is insufficient Cannot ask SC to set it for oral argument – SC will order not you
(3) Property was not delivered to the plaintiff for any reason
Effect of ruling: Decision shall not be stayed; must file TRO and WPI
Requisites to get replevin bond:
(1) Application of right to damages  Findings of COMELEC or COA are final id supported by
(2) Notice and hearing substantial evidence
Award must be included Interlocutory order cannot be reviewed
RULE 61: SUPPORT PENDENTE LITE RULE 65:
When: At any time prior to the judgment or final order CERTIORARI PROHIBITION MANDAMUS
 Stating the grounds for the claim and financial conditions of both
party Correct act To prevent Compel
 Shall be served upon the adverse party; who shall file a performed commission of an performance of
comment within 5 days unless other period is fixed act an act
Hearing shall be set not more than 3 days thereafter Discretionary act BOTH Ministerial acts
 Failure to comply; the court shall motu propio or upon motion Those exercising Judicial/ Non Judicial/ Non
issue and order of execution w/o prejudice to the liability for judicial and quasi- Judicial Judicial
contempt judicial
 In case 3rd person furnishes support to the applicant may after due
notice obtain writ of execution to enforce his right of
reimbursement MR IS REQUIRED!!!!
NOTE SEC 6 – support in criminal cases PRAYER: Judgment must be annulled or modified
CERTIORARI Sec 2 – preliminary deposit
(1) Advance payment
Rule 65: Acted without or in excess of jurisdiction amounting grave (2) Indemnity for damages
abuse of discretion
 Upon deposit in any government depositary bank – can
 Remedies in this rule are extraordinary; applicable in already apply for writ of execution
extraordinary cases
 SC, CA, RTC – has concurrent original jurisdiction 2 STAGES
 This is not a remedy for lost appeal
 There shouldn’t be no other plain, speedy and adequate
remedy (1)Determination (2) Determination of
Of Authority Just Compensation
If appeal is not plain speedy remedy can file Rule 65
 Ordered issued in excess of jurisdiction
 Criminal case: denied rebuttal evidence Order of Expropriation
 Order is patent nullity
If no objection: party cannot be declared in default
When to file: not later than 60 days from notice of judgment
: in case of MNT or MR not more than 60 days from notice  Those who did not file an answer can participate in the second
stage
 Comment within 10 days
 15 day extension to file physical paper An Order of Expropriation: Subject of an Appeal
 Cannot be implemented form purely political acts (sec 4) 30 Days
Record on appeal
RTC C-P-M : hearing/ submission of memo
SC CA C-P-M : No hearing  Appointment if 3 disinterested commissioners

Where: Observe hierarchy of courts When appointment of commissioner necessary:

Exception: Transcendental importance (1) Just Compensation
(2) Partition
 Stranger to the case cannot file C-P-M
 Reports of commissioner may be questioned
If filed CA and SC – furnish private/public respondent  In case of conflicting claims compensation shall be consigned
RTC – no need in court
 Entitled to interest from the time expropriator enter the land
 CA in reviewing acts: want lower court to cat within its
jurisdiction WHERE: RTC
- Control and supervision in lower court
Just compensation
PROHIBITION  Value of the property at the time of the taking

Where: All courts (FMV + consequential damages) – consequential benefits = JC

PRAYER: command court to desist further proceedings
Preventive Remedy: TRO and/or WPI
MANDAMUS
 Unlawfully neglects a performance of an act – founded on a
law ; clear and definite right
Discretion – right to discern; not controlled by judgment of others
Ministerial – must act in a prescribed manner in obedience of a law
If Benefits is greater than Damages = JC is FMV
 Effect of reversal: Return property + Damages
RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE
QUASI IN REM
 In cases of extrajudicial partition – ACT 3135 applies if it appears
in the contract
 If not Judicial foreclosure under Rule 68

RULE 66: QUO WARRANTO Rule 39: Right of Redemption – 1 year redemption period

 Action for usurpation of public office, position or franchise -- Writ of Exec Levy Notices Auction Reg w/ RD
commenced by a verified petition brought in the name of RP Sale

 SolGen or public prosecutor when directed by the president or Reckoning

when he has good reason to believe that he must commence period of 1yr
action a) Judgment Debtor
b) Junior Encumbrancer
Sec 3 – SolGen and public prosecutor may commence action only with
RULE 68 Equity of Redemption
permission of the court
Judgment Equity of Motion to Sale Motion to Order of
 When the SolGen files it is in RTC Manila (90 but not Redemption Foreclose Confirm Confirmation
more than 120)
Note Sec 5 – A person claiming to be entitled to a public office or
position usurped or unlawfully held may bring action
No right to redeem
 When respondent is found guilty he shall be ousted and all
together excluded therefrom  You have to implead a junior encumbrancer – failure to implead
If a person adjudged to be entitled to the office – demand from the he will have an unforeclosed right of redemption under 39
person ousted all papers and documents, if not cite in contempt
Sec 2: Final judgment
WHEN: Sec 3: Confirmation of auction sale Subject to appeal
(1) So directed by the President Sec 6: Deficiency judgment Record on appeal is
(2) When SolGen believes that he can establish - correctness of the award necessary
(3) When so directed by another person in accordance with Sec
3
Equity of redemption
WHERE: SC CA RTC  Right to exercise by the defendant to pay the judgment debt
 As per jurisprudence: until sale is not confirmed you can still
Territorial area where pay
respondent or any respondent  Mandatory, substantive right
resides  Can be waived

Motion to confirm sale:

Prescriptive period: 1 year  Litigated motion
 Appealable
Filing of complaint suspends period – cannot be interrupted by any
administrative remedy
Right of Redemption
RULE 67: EXPROPRIATION  Proceeded by a levy
 Only upon motion
Involves multiple appeals
 There must be a public purpose General rule: Purchaser is entitled to possession upon finality
 Must describe the property to be taken Except: When there is adverse right writ will not issue ex parte
Sec 4: Disposal of proceeds
(1) Judgment creditor There shall be no prayer of turn over : if payment of rent is the cause of
(2) Pay Junior encumbrancer (surplus) action.

Sec 6: Deficiency Judgment  When law talks about damages – reasonable compensation
for the actual use of the premises // not moral or exemplary
RULE 69: PARTITION  Damages on the building – cannot be claimed by the plaintiff
 Courts can award liquidated damages – if it is agreed upon by
ACTION IN REM the parties
 If parties agree to a partition – all they have to do is to submit a
deed of partition Res judicata applies only to issue of possession

2 kinds  Judgment on ejectment is binding to all others (NOTE:

(1) Voluntary SUNFLOWER CASE)
(2) Compulsory (Rule 69)

Jurisdiction: Based on assessed value MTC judgment, if plaintiff wins = immediately executory
Venue: Where it is situated if defendant wins = not immediately executory

GENERAL RULE: Prescription does not lie SEC 19 – unlawful detainer case is immediately executed if judgment is
EXCEPTION: Acquisitive prescription rendered against defendant

Order of partition – pre supposes that the issue of ownership has been TO STAY EXECUTION PENDING APPEAL
resolved (1) Supersedeas bond must be filed if there is rent in arrears
(2) Pay monthly rent
Appointment of commissioners is mandatory (3) Perfect the appeal
- disinterested
- shall effect the partition How monthly deposit is made:
- Even though they have the power to inspect/ recommend  Absence of contract – deposit with RTC reasonable value on
they cannot question ownership or before 10th day of the month
 There is contract – period stated in the contract
RULE 70: FORCIBLE ENTRY UNLAWFUL DETAINER
SUPERSEDEAS BOND
VENUE: MTC (Summary Procedure)  It is mandator if there is rent in arrears
 Can be filed by any person deprived of possession  Upon good cause shown
 To answer for damages and costs
ISSUE: Who is entitled to the possession of the property?
 It is determined by court

Forcible entry = reasonable value

WHEN: Within One (1) year
Unlawful detainer = Rentals
GENERAL RULE: Against all kinds of lands
PERIODIC RENTS – it is to pay actual occupation in the property
EXCEPT: Agrarian land
 RTC has no power to increase/reduce amount damage fixed
3 kinds:
by inferior courts
(1) Forcible entry/ Unlawful detainer – recover of possession
within one (1) year  No monthly deposit is required if not fixed by MTC
(2) Accion Publicana – more than 1 year, not mentioned in 70
(3) Accion Reindivcatoria – physical possession and ownership
NOTE: SEC 10 D, RULE 39
 Demand is jurisdictional in unlawful detainer
Sec 21 – if appealed to SC immediately executory
“PAY AND VACATE”
 SEC 2 applies only to unlawful detainer cases
RULE 71: CONTEMPT
How demand is made:
DIRECT CONTEMPT
- made personally/written; if there’s no person present post the notice in
 Punishable summarily as it was committed in the presence
the property
of/ so near the court
When demand is necessary  Even if without hearing
(1) Expiration of term  Can be stayed but must post a bond
(2) For enforcement of terms in the contract  Habeas corpus can be availed
NOT required:
(1) Month-to-month lease Proper remedy to question order of DIRECT CONTEMPT = MR first
- may be terminated at end of each month then Certiorari, prohibition

Forcible entry INDIRECT CONTEMPT

 Need not prove prior possession  There should be an opportunity to be heard
 1 year period starts from actual entry  Must be charged in writing
BUT in cases of stealth – from discovery
 There must be Force, Intimidation, Stealth and Strategy Contempt hearing: Failure to appear without justifiable reason – See
Sec 9
Grounds for motion to dismiss in this rule:
(1) Lack of jurisdiction over the subject matter  No default
(2) Failure to refer to barangay conciliation
How to commence:
SEC 7 – no submission of evidence before the clerk of court (1) Motu propio by the court – issue order to direct respondent
to explain
ALL PLEADINGS MUST BE VERIFIED (2) Initiated by a private party – by a verified petition

SEC 8 – plaintiff fails to appear on the preliminary conference complaint Examples:

dismissed  Violation of TRO, Status Quo order
 Defendant can prosecute his counterclaim  Failure testify – order incarceration until he testifies
 All matter discussed in conference must appear in preliminary  When party released on Bail fail to answer
conference order
Even if appealed immediately executory – appeal period 15 days
SEC 10 – Don’t go to trial
 Position paper must include documentary evidence

SEC 13 – PROHIBITED PLEADINGS (MEMORIZE!!!!)

SEC 15 – provisional remedies are allowed in these cases. To stop

further dispossession

SEC 16 – issue of ownership can only be resolved to determine the issue

of possession

SEC 18 & 17
 Inferior courts can award actual damages beyond
jurisdictional amount in unlawful detainer case
- it shall be incidental to the main issue