RULE 57-61 fraudulently

misapplied or
Provisional Remedies conver
c. Recover possession
(2Pre2ReS) unjustly taken,
1. Preliminary attachment R-57 concealed
2. Preliminary Injunction R-58 d. Guilty fraud
3. Receivership R-59 contracting debt
4. Replevin R-60 e. Dispose/removed
5. Support R-61 intent to defraud
f. Not residing/not
What are the concepts of provisional found in Philippines
remedies? 3. Amount due is as much as
1. Principal action sum for which the order
2. Plaintiff file a bond XPN: Support was granted
pendente lite 4. Bond equal to amount fixed
3. Defendant counter by filing court
counter bond 4. What are the stages in the
4. Verified issuance of the writ?
5. Establish cause Order granting application
6. Temporary measures pendency of Writ issues pursuant to order
action granting writ
7. Dependent on principal Writ implemented

1. Preliminary attachment R-57

1. Who are the parties who may 2. Preliminary Injunction R-58
apply? 1. What are the requisites for the
Plaintiff issuance of a writ of PI?
Defendant in counterclaim 2. What are the kinds of injunction?
2. What are the three kinds of 3. What is the distinction between PI
attachment? and Mandamus?
Preliminary attachment – 4. What are the limitations against
pendency the issuance of a writ of PI?
Garnishment- 3rd person 5. What is the lifetime of a TRO?
Levy on Execution – enforce 6. When will TRO lie on criminal
judgment final & executory prosecution?
3. What are the requisites for 7. What are the cases where
issuance of order of preliminary mandatory injunction was not
attachment? granted?
1. Affidavit sufficient cause 8. What are the statutory
action prohibitions against the issuance
2. Affidavit person fall of a writ of PI?
grounds for issuance:
a. Recover amount
against depart Phil. 3. Receivership R-59
Intent defraud 1. What court may appoint a
b. Money/property receiver?
embezzled or
 2. What is the remedy against an
order appointing a receiver?
3. What are the requisites for the
issuance of a writ of receivership?
4. What are the valid grounds for
the denial of application or
discharge of receiver?
5. What are the general powers of a
receiver?
6. What must be proved by those
who have claims against
properties in the possession of
the receiver?
7. What is the process of
termination and compensation of
a receiver?
8. What are the cases where a
receiver may be appointed by the
court?
4. Replevin R-60
1. What courts have jurisdiction to
issue writ of replevin?
2. When is a defendant entitled to
the return of the property taken?
3. What are the contents of
judgment in an action with
application for a writ of replevin?
4. What are the allegations that
must be alleged in the affidavit in
support for an application for
replevin?
5. What is the remedy of the
defendant or third person?
5. Support R-61
1. What are the factors that must be
considered by the court in
resolving the claim for Support
Pendente Lite?
2. What is the procedure for claim of
support?
3. What are the remedies if
defendant fails or refuses to
comply the court order granting
support pendente lite?
4. Who are the persons who may
grant support pendente lite?
5. Who are the persons obliged to
support each other?
RULE 62-71
Special Civil Actions
(INDEREC QUEX FORPAFOR CO)
1. Interpleader
2. Declaratory Relief
3. Review of Judgment and Final Order or
Resolutions of COMELEC and COA
4. Certiorari, Prohibition, Mandamus
5. Quo Warranto
6. Expropriation
7. Foreclosure of Real Estate Mortgage
8. Partition
9. Forcible Entry and Unlawful Detainer
10. Contempt
1. Interpleader R-62
a. What are the procedures to be taken
by the Court?
1. Verified complaint
2. Order to litigate
3. Summons
4. Filing and Service of answer
5. Reply
6. Hearing and determination
b. What are the requisites for an action
for Interpleader?
1. No interest subject matter
2. Conflicting claimants
3. Effective claims
4. Subject matter one
2. Declaratory Relief R-63
 a. What are the requisites of an action
for declaratory relief?
1. Justiciable controversy
2. Interest Adverse
3. Ripe for judicial intervention
4. Legal Interest
5. No breach/ violation
6. Decision will terminate
controversy
b. What are the other similar remedies?
1. Reformation of instrument
2. Quiet title
3. Consolidate ownership
c. What is the purpose of declaratory
relief?
1. Relieve litigants
2. End controversy no remedy
3. Before repudiation rights
d. Who are the parties that may be
heard in the petition?
1. All claim/interest
2. Prosecutor validity ordinance
3. SolGen validity statute
e. When is declaratory Relief not
available?
1. Question court decision
2. Question a tax statute
3. Obtain declaration citizenship
4. Question Sufficiency of
evidence
3. Review of Judgment and Final
Order or Resolutions of COMELEC
and COA R-64
1. What is the difference between
Rule 64 from 65?
1. Directed to judgments
2. Filed 30 days from notice of
judgment
3. Motion for recon/new trial
a. Allowed-interrupts
b. Denied- remaining
period not less 5
days from notice
denial
4. Certiorari, Prohibition, Mandamus
R-65
1. What are the requisites for
issuance of Writ of Certiorari?
1. Tribunal, board/officer
2. Acted without or in excess
of jurisdiction
3. No appeal or any plain,
speedy and adequate
remedy
2. When is certiorari proper even if
appeal is available or lost through
fault of petitioner?
1. Avoid miscarriage of justice
2. Appeal not speedy &
adequate
3. Order patent nullity
4. Order excess of jurisdiction
5. Avoid future litigation
6. Interest justice and equity
3. What are the exceptions to the
requirement of filing motion for
reconsideration before certiorari
can be availed of?
1. Issue is purely of law
2. Order patently void
3. Extreme urgency
4. Public policy or interest is
involved
5. Raise same issues
6. Without or excess of
jurisdiction
7. Execution has already been
ordered
4. What are the requirements
regarding the extrinsic sufficiency
of the petition?
1. Petition verified
2. Certificate of non-forum
shopping
3. Certified copy of judgment,
order
4. Proof of service
5. What are the distinctions
between certiorari, prohibition
and mandamus?
1. Certiorari
1. Correct act
 2. Annul/modify 4. Plaintiff has clear
proceeding legal right
3. Extend Respondent
discretionary act ministerial duty
4. Respondent tribunal 5. Positive or negative
board or officer 6. Unlawful neglect
exercise judicial or ministerial duty/
quasi-judicial exclusion from right
function or office
5. Corrective 7. No appeal or plain
6. Act without speedy adequate
jurisdiction/ remedy
excess/grave abuse 6. What are the similarities of
discretion certiorari, prohibition and
7. Certified true copy mandamus?
of judgment & 1. Petition verified
certificate of non- 2. No plain Speedy &
forum shopping adequate remedy
ii. Prohibition 3. May grant Preliminary
1. Prevent act injunction
2. Order desist 4. Filed not later 60 days’
proceeding notice judgment
3. Extend 5. Certified true copy
discretionary & judgment
ministerial acts 7. What is the distinction between
4. Respondent appeal by certiorari Rule 45 from
tribunal. Petition for certiorari Rule 65?
Corporation, board/ Rule 45
person exercise 1. Mode of appeal
judicial or quasi- 2. Questions of law
judicial function or 3. Review of judgment on the
ministerial merits
5. Preventive & 4. Appeal stays judgment
negative 5. Petitioner & respondent
6. Act without are same parties
jurisdiction/ 6. Motion for reconsideration
excess/grave abuse not condition sine qua non
discretion 7. Appellate jurisdiction &
7. Certified true copy power of review
of judgment & 8. Filed only with Supreme
certificate of non- Court
forum shopping Rule 65
iii. Mandamus 1. Special or original civil
1. Compel action
performance 2. Without or in excess of
2. Pay damages jurisdiction/grave abuse
3. Extend ministerial discretion
acts
 3. Directed against
interlocutory order prior
appeal/ no appeal/speedy
& adequate remedy
4. Not stay proceeding XPN
TRO/Prelim Injunction
5. Parties are aggrieved
against lower court/quasi-
judicial body
6. Motion for reconsideration
condition precedent
7. Higher court Original
jurisdiction
8. May be filed with RTC CA or
Sc
8. What are the important requisites
for the issuance of a writ of
prohibition?
1. Tribunal, corporation,
board, officer exercise
judicial, quasi-judicial or
ministerial function
2. Acted without/excess
jurisdiction/grave abuse
discretion
3. No appeal, or any plain
speedy & adequate remedy
9. What are the two aspects of
mandamus?
1. Unlawfully neglects
performance
2. Unlawfully excludes
another from use or
enjoyment of a right
10. What is the procedure in filing
petition for certiorari, prohibition
and mandamus?
1. File petition not later 60
days from notice of
judgment
a. RTC- acts/omission
MTC
b. CA- aid of appellate
jurisdiction
c. SC- appeal from CA
& govt’l bodies
2. Comment w/in 10 days
receipt Order
3. Service of order
4. Filing of answer/comment
5. Hearing
6. Decision of Court
7. Service of judgment
8. Execution of judgment
5. Quo Warranto R-66
1. What are the grounds of petition?
I. Brought by State
a. Against individual
1. Usurps, intrudes or unlawfully
holds/exercises public office
2. Ground forfeiture of office
3. Association acts as corporation
w/o legally incorporated
b. Against a corporation
1. Misused right privilege
franchise
2. Offended against Corp. Code
3. Act surrender corporate
character
4. Non-use franchise period
2. What is the prescription of action?
1. 1-year ouster/right plaintiff arose-
public officer
2. 1 year after entry of judgment
action for damages wining plaintiff
3. 5 years after act committed
forfeiture charter/franchise
3. What are the instances wherein a
Solicitor General & Public Prosecutor
shall commence a quo warranto
proceeding?
1. Directed by the President
2. Good grounds provided law
3. Request of another
4. What is the difference between quo
warranto and mandamus?
Quo Warranto
1. Usurpation/Intrusion into office
2. Object is to oust holder
Mandamus
1. Exclusion of legal duty
 2. Without claiming right to office
Excludes petitioner from office
3. Remedy to enforce clear legal
duties
5. What is the venue of action?
1. Supreme Court
2. Court of Appeals
3. RTC
If Solicitor General commences
1. RTC of Manila
2. CA
3. SC
6. Expropriation R-67
1. What are the two stages in
expropriation cases?
1. Determination of authority
2. Determination of just
compensation
2. What are the requisites in
expropriation cases?
1. Taking by competent
authority
2. Public purpose
3. Due process
4. Made only after payment
3. What are the requisites in order
the plaintiff may immediately
enter the property sought to be
expropriated?
1. Verified complaint
2. Deposit equivalent to
assessed value of property
4. What is the double purpose of
preliminary deposit?
1. Pre-payment
2. Indemnity against damage
5. What are the pleadings to be
filed?
1. Manifestation- no
objection
2. Answer-all objection &
defenses
6. What are the sources of the
power of eminent domain?
Constitution
1. Interest of national
welfare/defense Art.12
2. Agrarian Reform Art.13
3. Expropriate idle or
abandoned agricultural
lands Art.18
Statute
1. Authority granted to GOCC
2. Authority granted to LGU
7. What are the limitations to the
exercise of the power of eminent
domain?
1. Due process
2. Just Compensation
8. What are the requisites before
LGU can expropriate private
property?
1. Ordinance
2. Public use, purpose or
welfare
3. Just Compensation
4. Valid & definite offer not
accepted
9. What is the procedure in
expropriation case?
1st Stage-Determination of right to
expropriate
1. Filing complaint after
payment of docket & lawful
fee
2. Motion to dismiss or an
appropriate pleading
3. Order of condemnation
nd
2 Stage-Determination of just
compensation
1. Appointment
Commissioner at least 3, 1
representing defendant & 1
representative from court
2. Oath taking
3. Commissioner report
4. Objection 10 days from
receipt report
5. Hearing
6. Approve/disprove/modify
7. Appeal judgment
10. What are the elements of taking
property for purposes of eminent
domain?
 1. Enters private property
2. More than momentary
period
3. Entry under warrant/color
of legal authority
4. Public use
5. Oust owner deprive
beneficial enjoyment of
property
7. Foreclosure of Real Estate
Mortgage R-68
1. What are the grounds for
foreclosure of mortgage?
Principal obligation not paid when
due
Condition or warranty is violated
2. What are the modes of
foreclosure of mortgage?
Judicial Proceeding
Extra-judicial proceeding
3. What is the distinction between
equity of redemption and right of
redemption?
Equity of redemption
1. Only in judicial foreclosure
2. Mortgagor/ Successor-in-
interest may exercise
equity of R 90-120 days
from entry of judgment
3. No right of redemption in
judicial foreclosure XPN
foreclosure is made by
PNB/banking institution
where exist both Equity R &
Right of R
Right of redemption
1. Exist in extra-judicial
foreclosure
2. Mortgagor/ Successor-in-
interest may exercise Right
of R 1-year registration sale
in Office of Registry of
Deeds
8. Partition R-69
1. What are the Modes of Partition?
Voluntary act co-owners
Compulsory- judicial proceedings
2. What is the procedure in
partition?
1st stage Determination of
ownership
1. Filing complaint
2. Answer & other pleading
3. Court order
nd
2 stage Actual physical partition
Parties agree
1. Preparation instrument
partition
2. Order of partition
Parties not agree
1. Appoint 3 commissioner
2. Oath of office
3. Receive evidence ocular
inspection
4. Commissioner’s report
5. Serve copy of report
6. Objection within 10 days
from service or report
7. Order disposing, recommit
to commissioner, set aside
or appoint new, accept past
and reject part
9. Forcible Entry and Unlawful
DetainerR-70
1. What are the kinds of ejectment?
1. Forcible Entry
2. Unlawful Detainer
2. What are the other provisional
remedies available?
1. Preliminary Injunction-
prevent defendant
2. Preliminary Mandatory
Injunction- restore plaintiff
10days filing complaint
decide motion 30 days
3. When will execution may not
issue?
1. Perfected appeal
2. Supersedeas bond stay
execution
3. Deposits rental due
 4. What is the difference between
forcible entry and unlawful
detainer?
1. Forcible Entry
2. Unlawful beginning FISTS
3. No Formal demand
4. Prove prior physical
possession until deprived
5. 1 year from actual entry
Unlawful Detainer
1. Initially lawful unlawful by
termination of right
2. Formal demand required
3. No prior physical
possession req.
4. 1 year from last demand
5. What are the prohibited pleadings
& motions?
1. Motion to dismiss XPN:
Lack of jurisdiction/fail
comply with sec 12
2. Bill of Particulars
3. New Trial/Recon
4. Relief from judgment
5. Extension to file
6. Memoranda
7. Certiorari Prohibition
Mandamus
8. Declare defendant Default
9. Dilatory motions for
postponement
10. Reply
11. Third-party complaints
12. Intervention
10.Contempt R-71
1. What are the two aspects of the
power of contempt?
Punishment for disrespect
Compel performance duty refused
2. What is the classification of
contempt?
Direct
Indirect
Criminal
Civil
3. What is the distinction between
direct and indirect contempt?
Direct
Presence/so near court/judge
While session/not connection
administration of justice
No hearing required
No written charge
Not appealable
Indirect
Out of the presence
Done at a distance to belittle
degrade obstruct interrupt
Hearing required
Written charge required
Appealable if against RTC
4. What is the distinction between
criminal and civil contempt?
Criminal
1. Directed against dignity &
authority
2. May arise in course of
action
3. Attack against authority
court
Civil
1. Failing to do something
ordered
2. Enforcement civil rights
3. Fail comply judicial
order/process
5. What are the remedies of a
person adjudged in contempt?
1. Direct Contempt –
Certiorari/ Prohibition
2. Indirect Contempt - Appeal