PROCESSES

Deposition pending action:

1. Before answer – motion, with leave of court/ after answer – mere notice
2. Deposition taken before: Judge, Notary public, any authorized to take oath
3. Officer before whom deposition is taken would put witness on oath
4. Testimony is recorder stenographically
5. Objections to manner of taking deposition, qualifications of officer taking deposition will be noted
6. Deposition – question and answer type
7. Written interrogatories – prepare questions, cross, re-direct, re-cross without answer.. then read by
deposition officer to witness on day of deposition
8. After transcribing, submitted to witness to see correctness/ desire to make changes else waived
9. Deposition shall be signed by witness unless: waived, refuses, cant be found – signed by deposition
officer and state reason
10. Officer shall certify witness has been fully sworn in
11. Record of deposition will be sealed in an envelope, entitled “Deposition of ____”, file in court where
action is pending

Proceedings before commissioner

1. Both parties consent into writing (via motion) or court motu propio, in certain instances, refer to
commissioner
2. Clerk of court furnish order of reference
3. Commissioner shall be sworn in to faithful and honest performance
4. Comm Set time and place for first meeting w/ in 10 days after date of order of reference, notify parties
and counsel
5. Failure to appear of party/ counsel – ex parte/ adjourn
6. Completion of trial, file report in court
7. parties will be notified by clerk of court. w/ in 10 days can submit objections
8. if available during prceeding before commissioner, no objections unless made before commissioner
9. Court can adopt, modify, reject commissioners’ findings

Expropriation (right of eminent domain)

1. Nat Govt/ LGU/ govt instrumentality file a verified complaint for exprop in RTC where property is
2. Describe property, names of party (owning, possessing, having interest), Purp of exprop
3. After due notice, can enter in the prop if there was a deposit in money of the assessed value of the prop
in a govt bank
4. If defendant does not object, he shall file and serve notice of appearance and manifestation and will
entitle him to notice of all pleadings
5. If he objects, he should file an answer (objections not raised are waived)
6. If objections are groundless or overruled, court will issue order of exprop declaring lawful right to take
prop upon payment of just compensation det. Upon filing of complaint or taking of prop, whichever
was first
7. After order, court shall appoint 3 commissioners to determine just compensation
8. Order of appointment will be issued to them.
9. Before performance of duties, they will take an oath to faithfully perform duty
10. Commissioners can take evidence, inspect the property
11. Compensation will be determined by subtracting consequential benefits from consequential damages
(no case can owner be deprived of actual value of his prop or conseq benefits be greater than damages)
12. Commissioner submits report to court w/ in 60 days from notice of their appointment
13. Parties have 10 days to file objections
14. Court can accept, reject, modify report
15. Upon payment, can now enter
16. Appeal does not delay entry to prop

Judicial Foreclosure Extrajudicial Foreclosure

1. File a case for extrajudicial foreclosure in court
(depending on value of property 50kMM/20k
OMM)
2. Equity of Redemption - 90-120 days from entry of
judgment
* If Bank, 1 year, only bank has Right of
Redemption (also 1 yr)
1. Verified petition with office of clerk of court, who
acts as ex officio sheriff
2. Property will be sold in public auction but
mortgagor continues to be in possession
3. Right of Redemption - 1 year from registration of
confirmation of sale, inclu banks
*Mortgagee is bank and mortgaror is corp right of
3. After the period, and not redeemed, sold in public redemption is 3 mos/ before reg of sale,
auction whichever comes first
4. Upon finality of order of confirmation, purchaser 4. If he didn’t redeem, after lapse of period, buyer
entitled to possession of prop (he applies for writ can apply for writ of possession
of possession) * Except if bank, entitled to possession right away
5. Final order confirming sale shall be registered in after confirmation of sale.
reg of deeds, if no right of redemption exist, 5. Junior Encumbrances have no right to the residue,
immed cancel old title and issue new one. If there only right to redeem
is only register first (cancel only upon expiration
of the redemption pd)
6. Proceeds:
a. deduct cost of sale
b. pay to person foreclosing
c. junior encumbrances
d. if still balance, to mortgagor