3.
Review of Judgment and Final
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
4. Certiorari, Prohibition, Mandamus
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
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
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
proceeding
3. Extend
discretionary act
4. Respondent tribunal
board or officer
exercise judicial or
quasi-judicial
function
5. Corrective
6. Act without
jurisdiction/
excess/grave abuse 6. What are the similarities of
discretion
7. Certified true copy
of judgment &
certificate of non-
forum shopping
ii. Prohibition
1. Prevent act
2. Order desist
proceeding
3. Extend
discretionary &
ministerial acts 7. What is the distinction between
4. Respondent
tribunal.
Corporation, board/
person exercise
judicial or quasi-
judicial function or
ministerial
5. Preventive &
negative
6. Act without
jurisdiction/
excess/grave abuse
discretion
7. Certified true copy
of judgment &
certificate of non-
forum shopping
iii. Mandamus
1. Compel
performance
2. Pay damages
3. Extend ministerial
acts
4. Plaintiff has clear
legal right
Respondent
ministerial duty
5. Positive or negative
6. Unlawful neglect
ministerial duty/
exclusion from right
or office
7. No appeal or plain
speedy adequate
remedy
certiorari, prohibition and
mandamus?
1. Petition verified
2. No plain Speedy &
adequate remedy
3. May grant Preliminary
injunction
4. Filed not later 60 days’
notice judgment
5. Certified true copy
judgment
appeal by certiorari Rule 45 from
Petition for certiorari Rule 65?
Rule 45
1. Mode of appeal
2. Questions of law
 3. Review of judgment on the
merits
4. Appeal stays judgment
5. Petitioner & respondent
are same parties
6. Motion for reconsideration
not condition sine qua non
7. Appellate jurisdiction &
power of review
8. Filed only with Supreme
Court
Rule 65
1. Special or original civil
action
2. Without or in excess of
jurisdiction/grave abuse
discretion
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