Remedial Law Notes: October 25, 2021

Enumeration of All special Civil Actions

(a) Special civil actions initiated by filing of a Petition:
1. Declaratory relief other than similar remedies;
2. Review of adjudication of the COMELEC and COA;
3. Certiorari, prohibition and mandamus;
4. Quo warranto; and
5. Contempt
(b) Special civil actions initiated by filing of a Complaint:
1. Interpleader;
2. Expropriation;
3. Foreclosure of real estate mortgage;
4. Partition; and
5. Forcible entry and unlawful detainer.

What is Special Civil Action?

Generally brought or filed for the same purpose as a civil action, that is, for a party to sue
another for the enforcement of a right, or the prevention or redress of a wrong.
Difference b/w Special Civil Action and Civil Action:
subject to the special and rules prescribed for a special civil action.

Interpleader: has property in his possession but is not claiming any right and is disputed by
others. files a suit against those claiming rights so that two parties would litigate.
not a suit against plaintiff or defendant but rather a suit against the defendants like defendant
against co-defendants prolly)

Example provided: A is no longer contesting ownership but A doesnt know who between D and
E owns the property. It now goes to file interpleader with D and E as defendants. D and E will
litigate in court to know who the property should be delivered to.
declaratory relief and similar remedies is rule 63. The purpose is to interpret the intent of authors.
It must be a deed must be a deed,will,contract, or other written instrument that needs
interpretation
The court will declare rights and duties of petitioner. No actual breach in this case but needs
clarification regarding the instrument.
sample: A bought property from C. when title was delivered, there was annotation that D has
right of redemption (D can redeem subject to the right of redemption). Not very clear why D has
right of redemption on property so A can file case for declaratory relief.
To know whether A or D has better right or maybe if right of redemption does not state time
periods such as until when D can redeem. So, court will check whether D can still exercise the
redemption.

Requisites:
1. a contract etc. written instrument or regulation or ordinance which the court may adjudicate
2. doubtful or cloud in terms or validity of contract or documents
3. no breach of document. the moment breach exists, it is no longer for declaratory relief but now
an ordinary civil action. doubts will now be discussed there.

Review of Judgement (an amended rule)

if you are a candidate, and given an adverse decision by COMELEC, this is the procedure [to
follow].
Petition to SC under rule 64
Detailed procedure for petition to SC, follow rule 65. (Nakalagay yun lahat sa Rule 65)
When filed, your title of complaint is petition for review on certiorari and state under rule 65.

filed under 30 days from notice of the judgement

does not stay the execution unless SC directs otherwise
rule 64 is the review of judgement
rule 65 is the procedure to be applied as well

issue is acting without or excess in jurisdiction

or with grave abuse of discretion
no appeal or other speedy or adequate remedy in ordinary course of law

meaning motion for reconsideration already filed and denied

*Lack of jurisdiction it is always rule 65. (Includes: questionable judgements due to lack or
excess jurisdiction, prohibition)

~Here prayer to SC is to command the respondent (any tribunal, corp, court, or person whether
exercising judicial, quasi-judicial or administrative function) to desist from further proceedings
specified therein

MANDAMUS
Mandamus is still rule 65. Mandamus is praying in requiring [the respondent] to act.
(kabaliktaran ng prohibition/opposite of prohibition).
-Filed within 60 days from notice of judgement. This means, 60 days from denied motion for
reconsideration.

Mandamus is filed in 3 courts:

1. SC
2. RTC if related to acts or omissions of lower courts. other persons within the territorial area of
RTC
3. can also be in CA (either original or in aid of appellate jurisdiction). sandiganbayan cases can only
be filed in CA if it is in aid of its appellate jurisdiction.

Examples: (will be continued next Wednesday)