Different SCAs? Writs of Kalikasan and Continuing Mandamus included.

Rule 62 to 71 of the 1997 Rules of Civil Procedure and such other actions as may be declared by the
SPECIAL CIVIL ACTIONS Supreme Court.
What is SCA? What are the SCAs?
A special civil action is a kind of action which are governed by its own special rules, particularly Rules Interpleader (Rule 62);
62 to 71 of the 1997 Rules of Civil Procedure, and such other actions as may be declared by the Declaratory Relief and Similar Remedies (Rule 63);
Supreme Court. It is an action which has reference to special matters requiring special procedure (TAN, Review of Judgments and Final Orders or Resolutions of COMELEC and the COA (Rule 64);
Civil Procedure, A Guide for The Bench and The Bar, 2013, p.1352) [hereinafter TAN, Civil Procedure]. Certiorari, Prohibition and Mandamus (Rule 65);
Quo Warranto (Rule 66);
Is an SCA governed by Ordinary Rules? Expropriation (Rule 67);
Yes, it is governed by the rules of ordinary civil actions, subject to the specific rules prescribed for a Foreclosure of Real Estate Mortgage (Rule 68);
special civil action (RULES OF COURT, Rule 1, Sec. 3[a]). Partition (Rule 69);
Forcible Entry and Unlawful Detainer (Rule 70)
Ordinary Civil Action vs SCA Indirect Contempt (Rule 71)
Ordinary Civil Action Special Civil Action
How do we initiate SCA?
It is governed by the ordinary rules. It is governed by the ordinary rules but subject Initiatory pleading or complaint
to specific rules prescribed (Rules 62 to 71).
What should be alleged in the complaint?
Formal demand of one‘s legal rights in a court of Special features not found in ordinary civil Name
justice in the manner prescribed by the court or by actions. Address
the law. Concise statements of evidentiary facts
Witnesses to be presented (Rule 7, Sec. 6)
It must be based on a cause of action which means The concept of cause of action in an ordinary CNFS
that the defendant has violated the plaintiff‘s rights. action does not always fit in a special civil action Proof of authority of secretary/affiant
(e.g. Interpleader). Cause of action (exception: Interpleader and Declaratory Relief)
Prior resort to baranggay conciliation
Venue is determined by either the residences of This dichotomy does not always apply in a
the parties where the action is personal or by the special civil action (e.g. venue in a petition for Inter, Exprop, Foreclos, FE, Partition, UD (Complaint)
location of the property where the action is real. quo warranto is where the SC or CA sits) All else (initiatory pleadings)

It may be filed initially either in the MTC or the RTC.
There are special civil actions which can only
be filed in the MTC (e.g. forcible entry and
unlawful detainer). There are also those which
cannot be commenced in the MTC (e.g.
certiorari, prohibition and mandamus).
Judicial affidavits apply?
Yes
GR: We apply rules on jurisdiction
XPN: Quo Warranto (Sec. 7 R66)

Initiated through the filing of a ‘complaint‘. Some special civil actions are initiated by RULE 62
‘petitions‘.
INTERPLEADER
Which court has JD over Interpleader action?
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MTC or RTC, as the case may be. Check the nature of the subject in dispute.
1. MTC
1. If the value of the personal property does not exceed three hundred thousand pesos
(P300,000) outside of Metro Manila, or does not exceed four hundred thousand pesos
(P400,000) within Metro Manila;
2. If the assessed value of the real property does not exceed twenty thousand pesos (P20,000)
outside of Metro Manila, or not more than fifty thousand pesos (P50,000) within Metro Manila
(B.P. 129, Sec. 33, as amended).
2. RTC
a. If the value is beyond that prescribed for MTC’s jurisdiction, for personal or real property;
b. If the subject matter is exclusively within the jurisdiction of the RTC
Payment of rentals – amount claimed (300k, 400k)
Pwede ba magkaron ng incapable of pecuniary estimation?
Senga: SIGURO???!?! Sa daming pinagaawayan sa mundo.
Value of property of real property based on what?
Assessed value of the property
Is assessed value the same with appraised value?
No. Appraised value is the value of the property for a specific date for a specific purpose. Assessed
value is the value of a property or a proportion thereof, subject to tax.
What is an Action for Interpleader?
Interpleader - A special civil remedy where a person, who has property in his possession or an
obligation to perform, either wholly or partially, but who claims no interest in the subject, or whose
interest, in whole or in part, is not disputed by others, goes to court and asks that conflicting claimants
to the property or obligation be required to litigate among themselves in order to determine finally who
is entitled to the same (Alvarez v. Commonwealth, G.R. No. 45315, February 25, 1938).
RCBC VS METROCAN
An action of interpleader is afforded to protect a person not against double liability but against double
vexation in respect of one liability. It requires, as an indispensable requisite, that conflicting claims upon
the same subject matter are or may be made against the plaintiff-in-interpleader who claims no interest
whatever in the subject matter or an interest which in whole or in part is not disputed by the claimants.
When the decision in the Unlawful Detainer case became final and executory, METROCAN has no
other alternative left but to pay the rentals to LEYCON. Precisely because there was already a judicial
fiat to METROCAN, there was no more reason to continue with the interpleader case. Thus,
METROCAN moved for the dismissal of the interpleader action not because it is no longer interested
but because there is no more need for it to pursue such cause of action. The decision in the Unlawful
Detainer case resolved the conflicting claims insofar as payment of rentals was concerned.
RCBC was correct in saying that it is not bound by the decision in the Unlawful Detainer case. It is not
a party thereto. However, it could not compel METROCAN to pursue the interpleader case. RCBC has
other avenues to prove its claim. It is not bereft of other legal remedies. In fact, the issue of ownership
can very well be threshed out in the case for Nullification of Extrajudicial Foreclosure Sale and Damages
filed by LEYCON against RCBC.
Explain why an action for interpleader is a protection for double vexation against one liability
and not for double liability?
Answer in intel: Because in double vexation there are 2 persons claiming / will sue you over only 1
subject. It is double vexation because it is the same subject that they are claiming (di ko na maalala lol)
Answer in RCBC case: An action of interpleader is afforded to protect a person not against double
liability but against double vexation in respect of one liability. It requires, as an indispensable requisite,
that conflicting claims upon the same subject matter are or may be made against the plaintiff-in-
interpleader who claims no interest whatever in the subject matter or an interest which in whole or in
part is not disputed by the claimants.
Isa lang naman liability niya. Kaso, dalawa ang pwede ikaso sa kanya. (Double vexation)
Example: Rent due March 2021. 2 conflicting claimants. One liability of March 2021 rent. 2 or more
may file claim against lessee. Exposed to several claimants. 1. Claims no interest or 2. Interest is not
disputed.
Is a condition precedent required?
Yes. Ordinary rules still apply unless specified otherwise.
What is the condition sine qua non?
Conflicting claims. Otherwise, joinder of causes of action.
Who is the stakeholder?
Person filing an interpleader. Person being claimed against.
How do you institute the action?
Filing of a complaint
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Can you file a complaint-in-interpleader?
1. Existence of a valid debt which is due; themselves in order to determine finally who is
Yes, sabi ng SC. (ang bilis magsalita ni maam???)
2. Tender of payment by the debtor; 3. entitled to the same
Creditor’s refusal to accept payment is
- If answer has actionable document, you can file a reply. Then rejoinder if reply has AD
without just cause or any of the cases Requisites for Interpleader: (CETO) 1. The plaintiff
provided in Article 1256, par. 2 exists. a. Claims no interest in the subject matter or his
There is no cause of action in interpleader, within the meaning of the cause of action under the Rules
Tender must precede consignation; b. It must claim thereto in whole or in part is not disputed;
of Court. You cannot file MTD to dismiss for lack of COA.
have been unconditional; and c. Refusal 2. The parties to be interpleaded must make
must be without just cause Effective claims;
What is the cause of action here?
4. Previous notice of consignation to person 3. There must be at least Two or more conflicting
The conflicting claims
interested in the fulfillment of the obligation, claimants with adverse or conflicting interests to a
in order to give the creditor the opportunity to property in custody or possession of, or to an
Who are the parties?
reconsider his unjustified refusal and to obligation to be performed, by the plaintiff; and
A complaint for interpleader is filed by the person against whom the conflicting claims are made.
accept payment to avoid consignation and 4. The subject matter must be One and the same
the subsequent litigation. (HERRERA, Remedial Law, Vol. III (2006), p. 225)
Who pays the docket fees?
5. Consignation – amount or thing due [hereinafter 3 HERRERA, (2006)].
The person who files the complaint shall pay the docket and other lawful fees and shall bear the costs
placed at the disposal of the court
and other litigation expenses. The docket and other lawful fees paid by the party who filed a complaint
6. Subsequent notice of consignation to
under this Rule, as well as the costs and litigation expenses, shall constitute a lien or charge upon the
enable the creditor to withdraw the goods or
subject matter of the action, unless the court shall order otherwise. (Sec. 7)
money deposited.
What do you mean lien?
Ibabawas sa judgment. Meaning, it will be reimbursed to the one filing of complaint. What is the remedy if interpleader is dismissed?
Bring an ordinary civil action.
What do you mean unless otherwise court orders?
Pwede iorder ni court na proportional ang bayad ng docket fees. SY-QUIA CASE
It would have been better practice for the sheriff to sell the property and hold the proceeds of the sale
Note: Order to interplead. Hindi lang simpleng summons. subject to the outcome of the action of interpleader, However, the facts shown do not justify an
interference by mandamus. The sheriff might lay himself open to an action for damages if he sold the
Consignation (Art. 1256 (4) vs Interpleader goods without the consent of the holder since no bond was offered to hold him harmless in such an
Note: Either or both remedies can be resorted to. Just know the distinctions between them event.

Can Terceria also be a remedy

Consignation
Deposit of the object of the obligation in a
competent court in accordance with the rules
prescribed by law, after refusal or inability of
the creditor to accept the tender of payment
Special Requisites of Consignation (CIVIL
CODE, Art. 1256-1258):
Interpleader
Yes. The parties in an interpleader action may file counterclaims, cross claims, third party complaints
and responsive pleadings thereto ―as provided by these Rules. The second paragraph (Sec. 5)
A special civil remedy where a person, who has
expressly authorized the additional pleadings and claims enumerated therein, in the interest of a
property in his possession or an obligation to
complete adjudication of the controversy and its incidents (Arreza v. Diaz, Jr., 2001)
perform, either wholly or partially, but who claims
no interest in the subject, or whose interest, in
Purpose of summons?
whole or in part, is not disputed by others, goes to
Summons shall be served upon the conflicting claimants, together with a copy of the complaint and
court and asks that conflicting claimants to the
order. This is to acquire jurisdiction.
property or obligation be required to litigate among

3
Once they received summons, what responsive pleading to file? Rule 9, Sec. 1 – grounds to dismiss
Answer.
Rule 14, Sec. 1 – if there are no grounds to dismiss, the court will issue summons. (so it applies in
Period to file answer in interpleader? interpleader. Except the period to answer here, it is 15 days as a general rule. Di pa amended, yun pa
15 days. In ordinary civil action? 30 days. din magaapply) During this period, you can file an MTD.

What are the grounds for MTD? Homesite, WackWack, Beltran case – read
1. Impropriety of the interpleader action; (when there is no more cause of action i.e. absence of
conflicting claims) Impropriety of interpleader – confliciting claims are absent. Beltran vs Homesite case. Absence of
2. Lack of jurisdiction over the subject matter conflicting claims in the same subject matter
3. Prescription
4. Res judicata Wack wack case – may previous ruling na and f&e of who is the owner of the certificate. There can be
5. Litis pendentia (Rule 9, Sec. 1) no interpleader kasi may final and executory judgment. Interpleader is not the proper remedy.

All other grounds not mention, cannot be a ground to MTD. Only as affirmative defense.
Filed by any of the parties. Maybe declared in default, upon application.
Rules on Default in interpleader.
Each claimant shall file his answer setting forth his claim:
1. Within 15 days from service of the summons upon him; or
2. Within the remaining period, but not less than 5 days reckoned from the notice of denial.
Effect when a claimant fails to plead within the time fixed: The court may, on motion, declare him in
default and thereafter render judgment barring him from any claim in respect to the subject matter.
Can you file a compulsory counterclaim? Permissive.
Yes. Sec. 5 .
CAM, JDR if necessary.
Yes there is pre-trial in interpleader. Rule 18
Can there be judgement on the pleadings and summary judgement?
Yes.
Any of the conflicting claimants
A conflicting claimant, may bring an action against the winning party, because he is not bound to the
main case.
Ordinary rules – nadelete na yung provision on motion to dismiss
From the denial, of the MTD, you have the balance of the remaining period.
No provision in interpleader that prohibits Motion to Extension.
In ordinary rules, your have 30 cal days from denial. Interpleader: balance of the period, no less than 5
days. No provision prohibiting extension to file an answer
Rule 7, Sec. 6 – applies in interpleader
When conflicting claimants file their answers, they are alleging their claim in the subject matter. When
you are declared in default, you will be barred in making a claim.
Compulsory or permissive counterclaim allowed
Intervention also available, provided compliant to requisites

In the Answer, the defendant alleges their claim. That is why default is still applicable.
LECTURE: 4/12/21 - (Note: everything not included in these lecture notes have already been stated
above as recit questions) Actionable document – file a Reply and Rejoinder applies

Provisional remedy – deposit order (Rule 62). See Rule 135, Sec 5(g) – The plaintiff cannot refuse Sec. 3, Rule 9 – partial default
the deposit order.

4
Solidary debtors who did not file an answer, court will proceed to hear the case. Non-answering
defendants will benefit. --- CAN NEVER APPLY IN INTERPLEADER.
There is no common cause in interpleader. If one does not answer, the non-answering defendant will
be barred from defending. It does not benefit the defendant.
Rule 18 – applies to interpleader
Judgement on compromise also applies, but shall include all conflicting claimants. If they are non
included, there is a risk that the party excluded will be subject to vexation
RULE 63
DECLARATORY RELIEF
SCA UNDER Rule 63?
Section 1. Who may file petition - Any person interested under a deed, will, contract or other written
instrument, or whose rights are affected by a statute, executive order or regulation, ordinance, or any
other governmental regulation may, before breach or violation thereof bring an action in the
appropriate Regional Trial Court to determine any question of construction or validity arising, and for
a declaration of his rights or duties, thereunder. (Bar Matter No. 803, 17 February 1998)
An action for the reformation of an instrument, to quiet title to real property or remove clouds
therefrom, or to consolidate ownership under Article 1607 of the Civil Code, may be brought under
this Rule.
So four civil actions
.
Quieting of title 476-481
Reformation – 1359 - 1369
Similar reliefs – they resolve in adjudication of legal rights without need for execution.
Who has JD over declaratory relief? Reformation of instrument? Quieting of title?
Consolidation of title?
General Rule: A petition for declaratory relief, reformation of instrument, or consolidation of ownership
must be filed with the RTC (exclusive and original).
Reason: It is an action incapable of pecuniary estimation.
Exceptions:
Quieting of title and petition for consolidation of ownership
1. If the petition has far-reaching implications and it raises questions that should be resolved, it may
be treated as one for prohibition or for mandamus, which the SC or CA may take cognizance; and
2. Where the action is one for quieting of title, the jurisdiction will depend upon the assessed value
of the property
a. MTC - If the assessed value of the real property does not exceed twenty thousand pesos
(P20,000) outside of Metro Manila, or not more than fifty thousand pesos (P50,000) within Metro
Manila.
b. RTC – If the value is beyond that prescribed for MTCs‘ jurisdiction.
Reformation of instrument – RTC (exclusive and original)
What do you mean of action for declaratory relief?
It is an action to secure an authoritative statement of the rights and obligations of the parties under a
statute, deed, contract, etc. for their guidance in its enforcement or compliance and not to settle
issues arising from its alleged breach (Tambunting, Jr., v. Spouses Sumabat and Baello, 2005)
Purpose: ending controversies that have not reached a state where another relief is available. The
uncertainty is to be avoided. (ex. Preventing destruction)
Cause of action?
Different from ordinary definition. Uncertainty and insecurity.
What is indispensable in an action for declaratory relief?
There is still no breach or violation. The subject matter must not have been breached or violated
since the concept of cause of action does not apply to declaratory relief.
What will happen if a breach occurred?
The action for declaratory relief will now be converted into an ordinary civil action. If before the final
termination of the case, a breach or violation of an instrument or a statute, executive order or
regulation, ordinance, or any other governmental regulation should take place, the action may
thereupon be converted into an ordinary action. (Sec. 6)
The pleadings are also allowed to be amended.
You will file a petition what will the responsive pleading?
Comment. Court will issue an order notifying the respondents to comment on the petition.
Requisites of action of declaratory relief?
a. The aubject matter of the controversy must be a deed, will, contract or other written instrument,
statute, executive order or regulation, or Ordinance;
b. There must be an actual justiciable controversy or the ―ripening seeds of one between persons
whose interests are adverse;
c. There must have been No breach of the documents in question;
5
d. The terms of said documents and the validity thereof are doubtful and require judicial
Construction;
e. The issue must be ripe for judicial determination, as, for example, where all administrative
remedies have been exhausted;
f. Adequate relief is not available through other means or other forms of action or proceeding
(Almeda v. Bathala Marketing Industries, Inc., 2008) (Sec. 5, Rule 63)
Read Sec. 5, Rule 63.
Is it required for court to take cognizance of declaratory relief?
No. Court action is discretionary.
OLLADA CASE.
On the question of when a special civil action of this nature would prosper, we have already held that
the complaint for declaratory relief will not prosper if filed after a contract, statute or right has been
breached or violated. In the present case such is precisely the situation arising from the facts alleged
in the petition for declaratory relief. As vigorously claimed by petitioner himself, respondent had
already invaded or violated his right and caused him injury — all these giving him a complete cause
of action enforceable in an appropriate ordinary civil action or proceeding. The dismissal of the action
was, therefore, proper.
If breach before filing, dismiss the case?
Yes. File it as an ordinary civil action. If there has been a breach of statute before the filing of the
action, the remedy of declaratory relief cannot be availed of.
PDIC vs CA
There is nothing in the nature of a special civil action for declaratory relief that proscribes the filing of
a counterclaim based on the same transaction, deed or contract subject of the complaint. A special
civil action is after all not essentially different from an ordinary civil action, which is generally
governed by Rules 1 to 56 of the Rules of Court, except that the former deals with a special subject
matter which makes necessary some special regulation. But the identity between their fundamental
nature is such that the same rules governing ordinary civil suits may and do apply to special civil
actions if not inconsistent with or if they may serve to supplement the provisions of the peculiar rules
governing special civil actions.
Note: If you file, nothing prevents a party from committing a breach. So the remedy is you file
a TRO or WPI
Why can’t we file a counterclaim in declaratory relief?
Because there is no cause of action. Except compulsory counterclaim.
No compulsory counterclaims for damages in declaratory relief.
Yes. No breach, no Cause of action.
Diba pag nagcompulsory counterclaim na? Ediba may breach na dapat pag ganon?
Senga: in violation na dapat yan ng declaratory relief. Ediba magfafile ka ng damages? Edi may
breach? Pero sabi ng SC, pwede naman daw eh.
Ang declaratory relief, dapat walang alleged breach. Assertion of complaint of the defendant. Di mo
viniolate, kasi di naman siya nakastate sa petition for declaratory relief. Because if you don’t set up
your compulsory counterclaim, you will be barred from claiming it forever (iharmonize niyo na lang) In
addition, there is nothing in the Rules that prohibits. It is not inconsistent.
EXCEPTIONS and take note of these 3 cases PDIC vs CA, MATALIN, and DBM cases.
There is nothing in the nature of a special civil action for declaratory relief that proscribes the filing of
a counterclaim based on the same transaction, deed or contract subject of the complaint. A special
civil action is after all not essentially different from an ordinary civil action (Philippine Deposit
Insurance Corporation, v. CA, 2003).
Under Sec. 6 of Rule 64, the action for declaratory relief may be converted into an ordinary action and
the parties allowed to file such pleadings as may be necessary or proper, if before the final termination
of the case "a breach or violation of an ordinance, should take place." In the present case, no breach
or violation of the ordinance occurred. The petitioner decided to pay "under protest" the fees imposed
by the ordinance. Such payment did not affect the case; the declaratory relief action was still proper
because the applicability of the ordinance to future transactions still remained to be resolved, although
the matter could also be threshed out in an ordinary suit for the recovery of taxes paid.
Respondents' contention, if sustained, would in effect require a separate suit for the recovery of the
fees paid by petitioner under protest. Multiplicity of suits should not be allowed or encouraged and, in
the context of the present case, is clearly uncalled for and unnecessary. (Matalin vs Municipal Council
of Lanao del Sur)
The Court sees no reason for treating this case differently from PDIC and Matalin. This disposition
becomes all the more appropriate considering that the respondents, as petitioners in the RTC, pleaded
for the immediate adjustment of their retirement benefits which, significantly, the herein petitioners, as
respondents in the same court, did not object to. Being aware of said prayer, the petitioners then already
knew the logical consequence if, as it turned out, a declaratory judgment is rendered in the respondents’
favor. (DBM vs Manila’s Finest Retirees Association)
What is an action to quiet title?
A common law remedy for the removal of any cloud upon or doubt or uncertainty with respect to title
to real property.
6

Indispensable requisites for quieting of title?
a. Plaintiff must have a Legal or equitable title to, or interest in the real property, which is the subject
matter of the action, but he need not be in possession of the property ;
b. There must be a Cloud in such title;
c. Such cloud must be Due to some instrument, record, claim, encumbrance or proceeding which is
apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial to
the plaintiff’s title
Action for reformation of instrument?
The action for reformation is a remedy to amend or correct the form of a contract as a written instrument
so that it would conform to the real intention of the parties.
In POE v. COMELEC case the issue was for determination if she’s a Filipino, why not file for
declaratory relief?
Because Grace Poe is not interested under a deed, will, contract or other written instrument, and her
rights are not affected by a statute, executive order or regulation, ordinance, or any other
governmental regulation.
LECTURE 4/12/21 - (Note: everything not included in these lecture notes have already been stated
above as recit questions)
Sec. 3 - SolGen must be notified; if ordinance, prosecutor; if unconstitutionality of ordinance,
prosecutor and Sol Gen.

Action for consolidation of ownership? If judgment is sought to be questioned?

Art. 1607. In case of real property, the consolidation of ownership in the vendee by virtue of the failure
of the vendor to comply with the provisions of Article 1616 shall not be recorded in the Registry of
Property without a judicial order, after the vendor has been duly heard.
Purpose – registration and consolidation in case a vender a retro failed to redeem
Read also Art. 1616 (Conventional redemption)
Clarificatory judgment, not declaratory relief
BIR v. First E-Bank Tower Condo Corp G R. 21580, 218924 (January 2020) – Revenue
Memorandum Circular of the BIR is an executive issuance, so technically, sa declaratory relief dapat.
Proper remedy is to invoke the expanded jurisdiction of certiorari ito under the Constitution, dapat
magfile ka ng prohibition.

Ex. Seller a retro to Ms. Chavez with a promise to repurchase within a year. Now when there has been Velarde v. SJS – religious leaders endorsing the candidates. So a declaratory relief was filed to
no repurchase. Ms. Chavez wants the title to be consolidated in her name. You need a judicial determine whether or not it was violative of separation of church and state. SC said no daw, it is a
proceeding. Here, Rule 63. Unlike in legal redemption, malilipat sa name ng highest bidder. merely speculative threat, there is no justiciable controversy.

Between equitable mortgage and pacto de retro sale, the former prevails. We want to prevent pactum Outright denial:
commissorium. - Implead indispensable parties
- Adequate relief is available
How do we know if equitable mortgage or pacto de retro sale? (Art. 1602)
Can court issue a summary judgment?
Ex. Ms. Chavez umutang ng 1M kay Ms Senga. Sabi ni Senga, gusto ko may security to. So nilagay ni Yes. (Sec. 1, Rule 35)
Chavez yung bahay niya as mortgage. So dahil ayaw ni Senga maggo through legal process of real
estate mortgage, so imbes na loan with mortgage i-enter namin. Ipapalabas namin na sale ito. So Is it executory?
ipapalabas namin na seller a retro si Chavez at buyer si Senga. It’s really a loan. So when she As a general rule, no. Walang execution of judgment sa DR. Di yan pasok sa R 39. It does not fall under
repurchases, it will be her repurchasing/paying the loan. So if di nagbayad si Ms. Chavez, fa-file ako any one of the instances under Rule 39, Secs. 9, 10. (Yung cases nasa syllabus.)
ng action consolidation ng title. So that the debtor will have the right to be heard. In the trial, it has to
be proven that it was not a sale, but a loan. If she is able to prove it, the court will rule in favor of her. Exceptions?
So ano remedy ni Senga? Foreclosure the mortgage. Or forego mortgage and file for collection. When there is some execution that is allowed. PDIC, Matalin and DBM cases above.

Reformation of Instruments

7
Reformation vis-à-vis Parole Evidence Rule – we can not go beyond the writing where the
agreement is presented. (with exceptions: Ambiguity, failure to express actual agreement, or to show
the true intention of the parties, you can present evidence aliunde. You can bring reformation of
instrument. The intention is a state of the mind.)
In reformation of instrument, it is not the agreement that is being reformed. Ex. Deed of sale pero
truly, loan pala. The instrument will be changed to reflect the true agreement.
It is an action in personam, even when real property is involved.
Cause of action arises upon the knowledge of ambiguity or the non-compliance of the party.
Where do you file Rule 65?
May be filed in the appropriate court having jurisdiction over the lower court, tribunal, board or officer.
Difference in the period of filing Rule 64 and 65?
In Rule 64, the petition shall be filed within thirty (30) days from notice of the judgment or final order
or resolution sought to be reviewed. In Rule 65, petition is filed not later than sixty (60) days from
notice of the judgment, order, or resolution sought to be assailed.
Does fresh period rule apply?
No. Fresh period rule is not applicable (Pates v. COMELEC).

Quieting of title Remedy if to assail CSC judgment, final order?

Quasi in rem. Involves interest over the property. It is conclusive only between the parties to the cause Rule 43. within fifteen (15) days from notice of the award, judgment, final order or resolution

Requisites that there is a cloud exists: FORTUNE LIFE CASE. There is no parity between the petition for review under Rule 42 and the
1. When there is an instrument that is apparently valid but is in truth invalid petition for certiorari under Rule 64. As to the nature of the procedures, Rule 42 governs an appeal
2. Prejudicial to the party from the judgment or final order rendered by the Regional Trial Court in the exercise of its appellate
jurisdiction. Such appeal is on a question of fact, or of law, or of mixed question of fact and law, and is
Removal of cloud, requisites given due course only upon a prima facie showing that the Regional Trial Court committed an error of
1. Legal is equitable title fact or law warranting the reversal or modification of the challenged judgment or final order. In
2. The deed casting a cloud, appears to be valid, but is in fact sham contrast, the petition for certiorari under Rule 64 is similar to the petition for certiorari under Rule 65,
Absence of requisites will result in dismissal. and assails a judgment or final order of the Commission on Elections (COMELEC), or the
Commission on Audit (COA).
Legal title – REGISTERED OWNERSHIP
Equitable title – BY VALID CONTRACT or EQUITABLE PRINCIPLES The reglementary periods under Rule 42 and Rule 64 are different. In the former, the aggrieved party
is allowed 15 days to file the petition for review from receipt of the assailed decision or final order, or
Consolidation of Ownership from receipt of the denial of a motion for new trial or reconsideration. In the latter, the petition is filed
Check notes above. Same lang. within 30 days from notice of the judgment or final order or resolution sought to be reviewed. The filing
of a motion for new trial or reconsideration, if allowed under the procedural rules of the Commission
RULE 64 concerned, interrupts the period; hence, should the motion be denied, the aggrieved party may file the
REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE petition within the remaining period, which shall not be less than five days in any event, reckoned from
the notice of denial.
COMELEC AND COA
How many members of COMELEC or COA?
The petitioner filed its motion for reconsideration on January 14, 2013, which was 31 days after
7 COMELEC (1 Chairman, 6 members), 3 COA.
receiving the assailed decision of the COA on December 14, 2012. Pursuant to Section 3 of Rule 64, it
had only five days from receipt of the denial of its motion for reconsideration to file the petition.
Where do you file Rule 64?
Considering that it received the notice of the denial on July 14, 2014, it had only until July 19, 2014 to
Only in Supreme Court. A judgment or final order or resolution of the Commission on Elections and
file the petition. However, it filed the petition on August 13, 2014, which was 25 days too late.
the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari
under Rule 65, except as hereinafter provided.

8
Grounds to dismiss outright? Failure to comply in the following shall be sufficient grounds for
dismissal:
a. The petition shall be verified and filed in eighteen (18) legible copies.
b. A clearly legible duplicate original or Certified True Copy of the Judgment, Final Order or
Resolution subject thereof;
c. Certified true copies of such Material portions of the record as are referred to therein and
other documents relevant and pertinent thereto;
d. Proof of service
e. Payment of docket fees
f. Certificate against forum shopping (Sec. 5)
Rule 64 vs Rule 65
Rule 64 is only a review of judgment through certiorari in relation to Rule 65 for judgments and final
orders of COMELEC and COA. On the other hand, Rule 65 remedies include not only certiorari but
also prohibition and mandamus.
LECTURE – 4/12/21 – (Note: everything not included in these lecture notes have already been stated
above as recit questions)
Rule 64 makes reference to 65. It is a mode of appeal/review of COA/COMELEC that makes use the
procedure in 65.
It is absolute?
No, (Sec. 2) So meaning, we apply as a general rule, the procedure in 65. Example, sa jurisdiction. In
R 65, juris is concurrent. In 64, only SC has jurisdiction. Rule 64 is always before the Supreme Court.
In Rule 65, concurrent and jurisdiction. Sa Rule 64, Supreme Court LANG. You also read Sec. 7, Art
IX-A of the Constitution. That is the basis of Rule 64. Note na nakalagay si CSC diyan, pero di siya
kasama sa Rule 64, okay? R.A. 7902 amend B.P.129 which expand’s CA’s jurisdiction. So dito mo
ifafile yung galing CSC, via Rule 43.
SECTION 7, Art IX-A. Each Commission shall decide by a majority vote of all its Members any case
or matter brought before it within sixty days from the date of its submission for decision or resolution.
A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless
otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
Under Rule 64, it is 30 days (not Rule 65’s 60 days). The Neypes ruling on fresh period applies here
under Rule 64. If you received the decision today, and you file and MR, it will be tolled. Provided that
the MR is allowed under the COMELEC/COA procedure.
Fortune Life vs COA – Can we not apply Rule 42?
Di akin ang 64 sa 42. Rule 42 is question of law, fact or mixed. In R64, issue is GADALEJ.
Is the 30 day period extendible?
As a rule no. Read Osmeña case – justifiable reasons.
Number of copies filed/served is governed by Efficient Paper Rule.
You have to join those interested in sustaining favorable ruling. State facts, grounds, etc., duplicate
certified original copy of judgment. 2 sets of annexes.
Apply material date rule, CNFS, payment of docket fee. Noncompliance will result to dismissal.
Certiorari under 64 will not stay the judgement, unless ordered by THE SC.
The Court can dismiss outright, same sa 45.
Permento v. Estrada (read) - Erap ran. Elected na as President before. Tumatakbo ulit. SC did not
take cognizance of the case because it is moot and academic.
Rule 64 v. 65 – jurisdiction, grave abuse of discretion, EXPANDED CERTIOTARI, FRESH PERIOD
RULE DIFFERENT.
RULE 65
CERTIORARI, PROHIBITION AND MANDAMUS
Certiorari is used to assail what?
Acts of any tribunal, board or officer exercising judicial or quasi-judicial functions done without or in
excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction
(Sec. 1)
Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law
and justice may require.
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 If issued in Leyte, tapos ineenforce sa Manila, that’s not allowed.
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification Rule 45 v. 65
of non-forum shopping as provided in the third paragraph of section 3, Rule 46.
Rule 45 Rule 65
PETITION FOR REVIEW ON CERTIORARI PETITION FOR CERTIORARI
Assailing the Ruling of SOJ, where do you file?
Without acting in the absence or the excess of jurisdiction, or with grave abuse of discretion amounting
Issues are purely legal, except for Writs of Issues are on jurisdiction, i.e. when the
to excess or lack of jurisdiction, certiorari under R65 would be improper. Instead, you will file an Appeal
Kalikasan, Amparo and Habeas Data respondent committed grave abuse of discretion
by Certiorari before the Supreme Court under R45.
amounting to lack or excess of jurisdiction
Certiorari under the Constitution? Courts are in their appellate jurisdiction Courts are in their original jurisdiction
Expanded Scope of a Petition for Certiorari and Prohibition (Araullo v. Aquino): With respect to the
Court, however, the remedies of certiorari and prohibition are necessarily broader in scope and reach, Brought only before the Supreme Court Brought before any appropriate court
and the writ of certiorari or prohibition may be issued to correct errors of jurisdiction committed not only
by a tribunal, corporation, board or officer exercising judicial, quasi-judicial or ministerial functions but MR is not a prerequisite MR is a prerequisite
also to set right, undo and restrain any act of grave abuse of discretion amounting to lack or excess of
jurisdiction by any branch or instrumentality of the Government, even if the latter does not exercise Appeal is filed within 15 days from the notice of Petition is filed not later than 60 days from the
judicial, quasi-judicial or ministerial functions. This application is expressly authorized by the text of the judgement, final order, resolution, or denial of judgement, order or resolution sought to be
second paragraph of Section 1, supra. MNT/MR assailed

Thus, petitions for certiorari and prohibition are appropriate remedies to raise constitutional issues and Lower court who render judgement shall not be Tribunal, board, or officer has to be impleaded as
to review and/or prohibit or nullify the acts of legislative and executive officials. impleaded a nominal party.

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may Appeal stays the execution Proceeding is not stayed unless the court issues
be established by law. a TRO or WPI

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights May only be availed after a final judgement Maybe availed even during the pendency of the
which are legally demandable and enforceable, and to determine whether or not there has been a grave case of before the judgement
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. (Art VII, CONST) Findings of fact, especially if affirmed by the CA, Findings of fact are not conclusive and binding
is conclusive and binding, absent any abuse or
So kahit legislative function, pwede certiorari. capriciousness

Scope of enforceability? 15 days, subject to extension 60 days, not extendible

Section 21. Original jurisdiction in other cases. – Regional Trial Courts shall exercise original
jurisdiction:
What is an error of judgement?
1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and An error of judgment is one which the court may commit in its jurisdiction. It does not deprive the court
injunction which may be enforced in any part of their respective regions; and of its jurisdiction and it is correctible by an appeal.
2) In actions affecting ambassadors and other public ministers and consuls.
Requirements of Certiorari?

10
1. The writ is directed against a tribunal, board or officer exercising judicial or quasi-judicial functions;
2. Such tribunal, board or officer has acted without or in excess of jurisdiction, or with grave abuse of What if in the small claims case, the party did not attend, so the case is dismissed. What is your
discretion amounting to excess or lack of jurisdiction remedy?
3. There must be no appeal or other plain, speedy and adequate remedy in the ordinary course of law Such dismissal is without prejudice, so the case may be refiled.

Rule 45, where do you file? If the Ombudsman found probable cause, what is your remedy?
The Supreme Court First, file an MR. If it is denied, file a petition for review on certiorari to SC (R45)

Exceptions when SC can take cognizance of questions of facts under R45? What if it is an admin case, and the penalty is light? What is your remedy?
1. Appeals in Writ of Kalikasan It is unappealable and immediately executory. So your remedy is R65.
2. Appeals in Writ of Amparo
3. Appeals in Writ of Habeas Data What if it is not light penalty?
It is immediately executory and appealable. So you will file an MR, then Appeal under R43.
When can R45 be treated as R65?
If we look at the body, not at the title. Purpose it to avoid miscarriage of justice, where the subject of Can we assail the findings of the Ombudsman? By certiorari?
recourse was one of jurisdiction, or the act complained was perpetrated by the court with GADALEJ. Under current case law, all appeals from decisions of the Ombudsman in administrative disciplinary
cases shall be taken to this Court under Rule 43 of the Rules of Court; on the other hand, decisions of
When can R65 be treated as R45? the Ombudsman in criminal cases are unappealable. However, where the findings of the Ombudsman
(1) If the petition for certiorari was filed within the reglementary period within which to file a petition for on the existence of probable cause (in criminal cases) are tainted with grave abuse of discretion
review on certiorari; amounting to lack or excess of jurisdiction, the aggrieved party may file before the Supreme Court a
(2) Errors of judgment are averred; petition for certiorari under Rule 65 of the Rules of Court. (Gatchalian v. Former Fourth Division of the
(3) There is sufficient reason to justify the relaxation of the rules as when there is an issue of jurisdiction CA)

If you file it after 30 days, it can no longer be treated as R45. Immutability of judgement will apply. Interlocutory orders of an intracorporate case? Appealable?
It is not appealable. MR is also prohibited. (Interim Rules on Intra-Corporate Controversies)
Is GADALEJ enough?
No, there must also be no other plain, speedy and adequate remedy in the ordinary course of law. Jurisdiction of intra-corporate cases
Regional Trial Courts designated as special commercial courts.
What if it is unappealable?
Motion for Reconsideration How do you assail finding of prosecutor of probable cause?
As a rule, courts will not interfere.
Certiorari is not available in which cases?
1. Small claims cases MR → PetRev to DOJ → MR → R65 to CA
2. Petition for a writ of Habeas Data
3. Petition for a writ of Amparo Is MR indispensable before PetRev?
4. Summary procedure cases No. NPS Rules on Appeal provides that Petition for Review before the SOJ may be filed within 15 days
5. Purpose is to question the merits of an arbitral award from receipt of the assailed resolution OR from denial of the MR.

But, it is only against an interlocutory order in these cases. Certiorari will be allowed if it is a judgement Can you appeal an interlocutory order?
No.
Note: So because a small claims case is unappealable, your remedy is certiorari.
11
Interlocutory order against DNA testing issued with GAD? Rule 65 will not suspend proceedings, what is the remedy?
PetCert + TRO/Injunction. MR is not allowed. Include prayer for issuance of writ of preliminary injunction and/or temporary restraining order, which
must be granted. Otherwise, proceedings will continue.
Decision of LA?
LA → NLRC → file an MR → R 65 In a murder case, accused is acquitted. What is the remedy?
Rule 65 petition, if there is grave abuse of discretion amounting to lack or excess of jurisdiction.
ST. MARTIN CASE
From the NLRC decision, you can file MR. If the MR is denied (assuming there is no GADALEJ), you Who is the aggrieved party in a criminal case?
have no more appeal. Your remedy is to file petition for certiorari with the CA. If it is an immediately 1) State;
executory NLRC decision, the filing of certiorari will not stop the execution of the NLRC decision. So 2) The private complainant
you have to file for injunctive relief. But the mere filing of injunction will not suspend the execution of
the NLRC decision. It has to be granted. Private respondents?
The persons interested in sustaining the proceedings in court (Sec. 5)
Who is an aggrieved party?
It Is the party in the proceedings before the lower court that gabe rise to the original action for Certiorari Who are the public respondents?
The tribunal, corporation, board, officer or person exercising judicial/quasi-judicial functions or
Is Rule 65 a violation of double jeopardy? ministerial functions. They are nominal and indispensable because they issued the assailed order.
YES. Except when there is a finding of sham trial can the doctrine of double jeopardy be not invoked
because the people, as represented by the prosecution were denied due process. (Galman v. What is the role of public respondents in a criminal case?
Sandiganbayan) Public respondents are the offenders, accused in the criminal case.

Who has the personality to file a case for rape? Who files the comments?
State (OSG). The rape victim can only prosecute civil liability. The private respondents

Small claims, why does jurisprudence provide that certiorari is the remedy? May the public respondents be excluded?
Because Rules on Small Claims prohibit MR and Rule 65 petition. Also, decision in a Small Claims As a general rule, the public respondents shall not appear in or file an answer or comment to the
action is final, executory, and unappealable. petition. They are mere nominal or formal parties and need not file a separate comment.

Ombudsman finding of probable cause, period for filing MR? Exceptions:

Within five (5) days from notice 1. Unless otherwise directed by the court where the petition is pending.
2. Where the actuations of a judge are assailed on legal grounds, imputing personal motives
If exonerated or light penalty, remedy? against him. (Sec. 5)
To CA, via Rule 65, if ruling is attended by grave abuse of discretion amounting to lack or excess of
jurisdiction Period to file certiorari, extendible?
In Domdom v. Third and Fifth Divisions of the Sandiganbayan, the 60-day period may be extended
If not light penalty, remedy? subject to the court’s sound discretion. In Domdom, we stated that the deletion of the provisions in Rule
File appeal to Court of Appeals. Rule 43. 65 pertaining to extension of time did not make the filing of such pleading absolutely prohibited. “If such
were the intention, the deleted portion could just have simply been reworded to state that ‘no extension
Charged with murder, and ordered DNA Testing, what is the remedy? of time to file the petition shall be granted.’ Absent such a prohibition, motions for extension are allowed,
This is immediately executory. MR not allowed. Rule 65 is the remedy. subject to the court’s sound discretion.

12
Can petition for certiorari and habeas corpus be joined?
Yes (SpecPro + Civil Action) Habeas corpus does not lie where the petition has the remedy of appeal
or certiorari because it will not be permitted to perform the function of a writ of error or appeals for the
purpose of reviewing errors or irregularities in the proceedings of a court having jurisdiction over the
person and the subject matter in the absence of special circumstances requiring immediate action.
A writ of habeas corpus cannot be availed of if an individual liberty is “restrained through some legal
process” and may not be used to directly assail a judgement rendered by a competent court or tribunal
which has jurisdiction over the case.
May damages be prayed for in certiorari?
Yes. Section 1. Petition for certiorari. – When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess of [its or his] jurisdiction, or with grave abuse of
discretion amounting to lack or excess of its or his jurisdiction, and there is no appeal, or any plain,
speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such
incidental reliefs as law and justice may require.
Prohibition
When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial,
quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave
abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain,
speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty and praying that judgment be
rendered commanding the respondent to desist from further proceedings in the action or matter
specified therein, or otherwise granting such incidental reliefs as law and justice may require. (Sec. 3)
What kind of act is involved in Prohibition?
Judicial, quasi-judicial or ministerial functions.
Requisites for prohibition (EJA) (Sec. 2)
1. Respondent is a tribunal, corporation, board, or person exercising, judicial, QJ, or ministerial
functions
2. Respondent acted, is acting, or is about to act without or in excess of jurisdiction, or acted with
GADALEJ
3. No appeal or other plain, adequate, and speedy remedy available
Venue?
Rules on personal actions.
What is Fait Accompli?
Accomplished facts. General rule: Prohibition does not ordinarily lie to restrain an act which is already
a fait accompli.
Exceptions:
1. Courts will decide a question otherwise moot if it is capable of repetition yet evading review
2. To prevent unlawful creation of a new province by those in the corridors of power who could avoid
judicial intervention and review by merely speedily and stealthily completing the commission of
such illegality (Tan v COMELEC)
In an admin case, an officer is sentence to one day suspension (?*question not complete*), will
the petition for prohibition lie?
No, because the case has already been decided. In case the admin body committed GADALEJ, proper
remedy is certiorari.
Is the judgment in a petition for certiorari, prohibition, mandamus, subject to execution
Yes. Sec 11, Rule 39.
Section 11. Execution of special judgments. — When a judgment requires the performance of any act
other than those mentioned in the two preceding sections, a certified copy of the judgment shall be
attached to the writ of execution and shall be served by the officer upon the party against whom the
same is rendered, or upon any other person required thereby, or by law, to obey the same, and such
party or person may be punished for contempt if he disobeys such judgment
Which courts have jurisdiction?
SC petitions for CPM against RTC, NLRC, first level courts and other bodies
CA petitions for CPM against first level courts and other bodies; certiorari against RTC’s
order approving or disapproving rehabilitation plan
RTC petitions for CPM against lower courts and bodies, which may be enforced in any part
of their respective regions
Rule 65, all original actions?
Yes. Petitions for certiorari, prohibition, and mandamus are original actions. These petitions are
available when no appeal or any other plain, speedy, and adequate remedy in the ordinary course of
law are available. A CNFS is also required. (Secs. 1, 2, 3)
Sandiganbayan jurisdiction on Rule 65?
Yes. Under A.M. No. 07-7-12-SC, Sandiganbayan has jurisdiction over petitions for CPM, whether or
not the same is in aid of the court’s appellate jurisdiction. (Sec. 4)
13
How about COMELEC? How come we can avail of Rule 65 in finding of probable cause?
Yes. Under the COMELEC Rules of Procedure: Because of the broader concept of certiorari under the 1987 Constitution. Judicial power includes the
duty of the courts to determine whether or not there has been a grave abuse of discretion amounting
Sec. 1. When Available. - In aid of its appellate jurisdiction in election cases before courts of general to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (R6G
jurisdiction relating to the elections, returns and qualifications of elective Municipal officials, and to the SC)
before courts of limited jurisdiction in cases relating to the elections, returns and qualifications of
elective barangay officials, the Commission en banc may hear and decide petitions for certiorari, Can finding of probable cause be reviewed by Certiorari?
prohibition or mandamus. GR: No, finding of probable cause is discretionary on petitions for certiorari
Exception: when there is GAD
60. Differentiate certiorari, prohibition and mandamus.
Certiorari Prohibition Mandamus Mandamus
As to whom directed A writ of mandamus is a writ issued in the name of the State, to an inferior court, tribunal, corporation,
against the action of an entity or against the entity or the person against an entity or person board, officer or person, commanding the performance of an act which the law enjoins as a duty
person exercising judicial or himself exercising judicial, exercising ministerial function resulting from an office, trust, or station. (Sec. 3)
quasi-judicial function quasi-judicial, or ministerial
function Purpose
Grounds Mandamus will lie to compel the discharge of a discretionary duty itself but not to control the discretion
entity or person is alleged to have acted: 1) w/ jurisdiction; 2) in 1) Neglected ministerial duty; 2) to be exercised. The purpose of mandamus is for respondent to do the act required; and to pay
excess of jurisdiction; or 3) with GADALEJ excluded another from a right or damages.
office
Purpose Will the court issue summons?
Annul or nullify a proceeding Have respondent desist from For Respondent to do the act No. If petition is sufficient in form and substance, the court shall issue an order. (Sec. 6)
further proceeding required; and to pay damages
Nature of remedy Comment
Corrective - to correct Preventive and Negative – to Affirmative (if performance of a Court shall issue an order requiring the respondent/s to comment within 10 days from receipt of the
usurpation of jurisdiction restrain or prevent usurpation of duty is ordered) OR Negative copy thereof. (Sec. 6)
jurisdiction (if a person is ordered to desist
from excluding another from a Default
right or office None. When no comment is filed by any of the respondent/s, the case may be decided on the basis of
the record, without prejudice to any disciplinary action which the court may take against the disobedient
party.
Not available to legislative, administrative or executive functions?
Under the ROC, petitions for CPM are available as remedies against action of an entity or person
Can the court deny outright petition under Rule 65?
exercising judicial, quasi-judicial, or ministerial function.
Yes. If the court finds the petition to be:
(a) patently without merit;
But under the Expanded Scope of CPM in the Constitution, it is available as exercise of judicial power
(b) prosecuted manifestly for delay; or
(Sec. 1(par 2), Article VIII).
(c) questions raised therein are too unsubstantial to require consideration (Sec. 8)
(d) In addition, if plain, speedy and adequate remedy has not been exhausted.
In criminal procedure, what is the remedy after MR in Secretary of Justice for finding probable
cause?
How to know if there is other PSA remedy?
Rule 65 to CA
If motion for reconsideration is available
14
 Can the period be extended?
Is there pre-trial? Yes. The reglementary period to file a petition for certiorari may be extended under exceptional
No. There is Preliminary Conference. circumstances and subject to the sound discretion of the court, such as;
(1) most persuasive and weighty reasons
Do we apply the JA Rule? (2) to relieve a litigant from injustice not commensurate with his failure to comply with the
Yes. prescribed procedure
(3) good faith of the defaulting party by immediately paying within reasonable time from the time
MTC, jurisdiction? of the default
None. (4) the existence of special or compelling circumstances
(5) the Merits of the case
RTC Manila issued a writ of prohibition. Is this enforceable in Makati? (6) a cause not entirely attributable to the fault or negligence of a party favored by th suspension
Yes. It is within their judicial region (Sec. 21, B.P. 129) of the rules
(7) a lack of any showing that the review sought is merely frivolous or dilatory
Exceptions to Rule 45 not allowing questions of fact (Fuentes v. CA, February 1999) (8) the other party will not be unjustly prejudiced thereby
1. If the findings of fact of the RTC and the CA are different; (9) fraud, accident, mistake or excusable negligence without the appellant’s fault
2. When the findings are grounded entirely on speculation, surmises, or conjecture; (10) peculiar legal and equitable circumstances attendant to each case,
3. If the inference made by the CA on its findings are manifestly mistaken, absurd, or impossible; (11) in the name of substantial justice and fair play
4. Grave abuse of discretion in the appreciation of the facts; (12) importance of the issues involved
5. Goes beyond the issues of the case, and such findings are contrary to the admissions of both (13) exercise of sound discretion by the judge guided by all attendant circumstances
appellant and appellee;
6. Contrary to the admissions of the parties; Disciplinary measures if dilatory petition is filed
7. CA fails to notice certain relevant facts which, if properly considered, will justify a different The court may dismiss the petition if it finds the same patently without merit or prosecuted with manifest
conclusion; delay, or if the question raised therein are too unsubstantial to require consideration. (Sec. 8)In such
8. Findings of fact are themselves conflicting; event, the court may award in favor of the respondent treble costs solidarily against the petitioner and
9. There are conclusions of fact that have no basis in evidence; counsel in addition to subjecting counsel to administrative sanctions provided under Rule 139
10. When the findings of fact of the CA are premised on the absence of evidence but such findings (Disbarment and suspension of Attorneys) and Rule 139- B (Disbarment and Discipline of Attorneys)
are contradicted by the evidence on record;
11. Amparo; Joinder on certiorari and prohibition
12. Habeas data; Prohibited. Joinder shall not include SPECIAL CIVIL ACTIONS, to which certiorari and prohibitions are
13. Kalikasan; included. (Rule 2, Section 5)
14. Continuing mandamus.
Prohibition for cancellation of franchise but license is already cancelled – fait accompli?
Does Rule 45 review error of judgment since error of judgment is an exercise of jurisdiction? It should not be granted in this case since it is already an accomplished facts (fait accompli). The
Yes. exceptions for this rule are as follows:

Reasons for liberality 1) Courts will decide a question otherwise moot if it is capable of repetition yet evading review
To avoid miscarriage of justice 2) In order to prevent the unlawful creation of a new province by those in the corridors of power
who could avoid judicial intervention and review by merely speedily and stealthily completing
Who represents the state in CA and SC? the commission of such illegality.
Solicitor General or his deputies.
Mandamus to release marriage license, allowed?
15
Yes. The issuance of marriage license is a ministerial duty on the part of the Civil Registrar. It may only
be withheld upon lawful order of the court. (Art. 18, FC) LECTURE 4/12/21 - (Note: everything not included in these lecture notes have already been stated
above as recit questions)
Applied for marriage license, can Civil registrar cancel?
No. In case of any impediment known to the local civil registrar or brought to his attention, he shall RA 1066 – Sandiganbayan Jurisdiction
merely note down the particulars thereof and his findings thereon in the application for marriage license, COMELEC Rules – COMELEC Jurisdiction
but shall nonetheless issue said license after the completion of the period of publication. (Art. 18, FC)
Rule 65 is a remedy of last resort, it is not available if you failed to file a timely appeal.
Remedy to stop issuance
Under the same section, there must be an order by a competent court at the instance of the Civil Rule 41, Sec. 1 – Unappealable cases
Registrar or that of any interested party.
Rule 65 is prohibited in
Can you file a mandamus to compel Kuya Nars to upload grades? - Summary procedure
No. One of the requisites of Mandamus is that the respondent’s duty must be mandated by law. The - Small claims against an interlocutory order (not judgement, because judgement is
uploading of the grades is not mandated by law. unappealable, therefore ang remedy available mo nalang ay certiorari)
- Rule 8, Sec 12(e) – affirmative defense is denied
Requisites of Mandamus - Rule 18, Sec. 10 – court motu proprio decides to issue a judgement on the pleadings
(1) The plaintiff must have a clear legal Right to the act demanded - Rule 34, Sec. 2 – any action of the court on the judgement on the pleadings
(2) It is the Duty of the defendant to perform the act because it is mandated by law - Rule 33 - Order denying demurrer to evidence
(3) The act to be performed is Ministerial - Rule 35, Sec. 3 – action on summary judgement
(4) Defendant inferior court, tribunal, Corporation, Board, Officer or Person unlawfully (a) Neglects - Ombudsman cases
the performance of an act which the law specifically enjoins as a duty resulting from his office - Prosecutor on finding probable cause
to which the other is entitled (b) Excludes another from the use and enjoyment of a right or - Secretary of Justice
office to which the other is entitled; and
(5) There is no Appeal or other plain, speedy and adequate remedy in the ordinary cours of law. Is MR indispensable?
As a rule yes. Except when there is no plain, speedy remedy (Check case outline)
Mandamus for the prosecutor to act on complaint, allowed?
Yes. It can be used to the act of requiring the performance of a discretionary duty to act but not to Rule 65 does not suspend the proceedings in the lower court. Your remedy is preliminary
require performance of such duty in a particular manner. injunction.

Do we execute this judgment under Rule 39? Is it extendible?

No. Under Section 9, Rule 65, a certified copy or the judgment is automatically served upon the court ,
quasi-judicial agency, tribunal, corporation, board, officer or person concerned. Failure to comply shall
be punished by contempt.
Nevertheless, an execution may issue for any damages, or costs awarded.
Can you bring mandamus to compel production of will?
No, there is another remedy. Under special proceedings, you can file for probate even in the absence
of the will.
As a rule, no. Except for justifiable reasons, the SC may suspend strict application.
Rule 39, Sec. 11 vis-à-vis Sec. 10(a) (read)
Rule 39, Section 11- example of mandamus; contempt
PROHIBITION
For example, a case filed in MTC, 1M, real action. Moved to dismiss on the ground of lack of jurisdiction
over SM. Denied MTD and MR. File prohibition, pwede mor in isama yung certiorari.

16
Kung natapos na yung court yung judgment, bawal ka na mag-prohibition kasi fait accompli. Pwede ka
na lang magcertiorari. Is a petition for Writ of Kalikasan filed by 2 persons on behalf of 3 cities valid?
Personal action ang prohibition Yes, because locus standi is relaxed.

MANDAMUS Who has jurisdiction?

For example, the determination of probable cause of the prosecutor. Baby boy pala niya yung suspect. It may be filed with the SUPREME COURT and any station of the COURT OF APPEALS
He may be compelled to act on it but not as to the manner of how the act must be done.
Can be accompanied by TEPO?
Ministerial ba ang pagfile ng information? Yes. The petition shall state the reliefs prayed for which may include a prayer for the issuance of a
Yes, kapag may probable cause. TEPO.

LCR ministerial duty? Temporary Environmental Protection Order (TEPO)

Yes. If it appears from the verified complaint with a prayer for the issuance of EPO that the matter is of
extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge
WRIT OF KALIKASAN may issue ex-parte a TPO effective for only 72 hours from the date of the receipt of the TEPO by the
A.M. No. 09-6-8SC party or person enjoined. Within the said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended and until the termination of the
Writ of Kalikasan case. It may be lifted anytime as circumstances may warrant.
Writ of Kalikasan is a special remedy available against an unlawful act or omission of a public official
or employee, or private individual entity involving environmental damage of such magnitude as to TEPO v. CDO
prejudice the life, health or property of inhabitants in two or more cities or provinces. TEPO CEASE AND DESIST ORDER

Is actual violation required? A protection order made available as an auxiliary One of the reliefs included in the judgment in the
No. it may also be issued if there is a THREATENED violation of the constitutional right to a balanced remedy prior to the issuance of the writ of issuance of the Writ of Kalikasan directing
and healthful ecology continuing mandamus. It is issued for the respondent to permanently cease and desist
preservation of the rights of the parties pending from committing acts or neglecting the
Requisites of Writ of Kalikasan the proceedings in the writ of continuing performance of a duty in violation of
mandamus. environmental laws resulting in environmental
1. Available to a natural or juridical person, entity authorized by law, people’s organization, non- destriction or damage.
governmental organization, or any public interest group accredited by or registered with any
government agency An order issued by the court directing or enjoin An order from a court or government agency
2. Filed on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, any person or government agency to perform or directing an individual or business to stop a
or threatened with violation desist from performing an act in order to protect, purportedly illegal activity (“cease”) and not to
3. The violation involves an unlawful act or omission of a public official or employee, or private preserve, or rehabilitate the environment. restart it (“desist”). The CDO letter may warn that
individual or entity, involving environmental damage of such magnitude as to prejudice the life, if the recipient does not discontinue specified
health or property conduct, or take certain action, by deadlines set
4. The violation affects the inhabitants in two or more cities or provinces. in the letter, that party may be sued. CDO has no
expiration; its effectivity depends on the court
Is the petition for Writ of Kalikasan a special proceeding?
Yes, it is a special proceeding, not a special civil action Issued after Judgment Issued during the pendency of the case

17
 Issued in Writ of Kalikasan cases Issued in Writ of Continuing Mandamus cases What are the discovery measures under the Writ of Kalikasan?
According to Section 12, a party may file a verified motion for the following reliefs:
1) Ocular inspection order - may order any person in possession or control of a designated land or
Contents of a Verified petition other property to permit entry for the purpose of inspecting or photographing the property or any
The verified petition shall contain the following: relevant object or operation thereon
a. The personal circumstances of the petitioner; 2) Order for production or inspection of documents or things - order any person in possession,
b. The name and personal circumstances of the respondent or if the name and personal custody or control of any designated documents, papers, books, accounts, letters, photographs,
circumstances are unknown and uncertain, the respondent may be described by an assumed objects or tangible things, or objects in digitized or electronic form, which constitute or contain
appellation; evidence relevant to the petition or the return, to produce and permit their inspection, copying or
c. The environmental law, rule or regulation violated or threatened to be violated, the act or omission photographing by or on behalf of the movant.
complained of, and the environmental damage of such magnitude as to prejudice the life, health or
property of inhabitants in two or more cities or provinces. Is the judgment in a petition for a writ of Kalikasan immediately executory?
d. All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, Yes, but it is appealable under Rule 45. The appeal may raise questions of facts. (Section 16)
scientific or other expert studies, and if possible, object evidence;
e. The certification of petitioner under oath that: Does the judgment include an award of damages? Remedy?
No. The prevailing party must file a separate suit for recovery of damages. The filing of a petition for
1. petitioner has not commenced any action or filed any claim involving the same issues in any the issuance of the writ of kalikasan shall not preclude the filing of separate civil, criminal or
court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; administrative actions. (Sec. 17)
2. if there is such other pending action or claim, a complete statement of its present status;
3. if petitioner should learn that the same or similar action or claim has been filed or is pending, Continuing mandamus vs. Mandamus
petitioner shall report to the court that fact within five (5) days therefrom; and Continuing Mandamus Mandamus
Issued by court in an environmental case issued in the name of the State, to an inferior
f. The reliefs prayed for which may include a prayer for the issuance of a TEPO directing any agency or instrumentality of the court, tribunal, corporation, board, officer or
government or officer thereof to perform an act person, commanding the performance of an act
What is the period to file return? or series of acts decreed by final judgment which which the law enjoins as a duty resulting from an
Within a non-extendible period of ten (10) days after service of the writ. It shall contain all defenses to shall remain effective until judgment is fully office, trust, or station.
show that respondent did not violate or threaten to violate, or allow the violation of any environmental satisfied.
law, rule or regulation or commit any act resulting to environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two or more cities or provinces. (Sec. 8) Courts with jurisdiction in Kalikasan and Mandamus
Kalikasan – SC and CA
Is a Motion to declare respondent in default a prohibited pleading? Mandamus – RTC, CA, and SC
Yes. Section 9(d).
Service of Writ in Kalikasan v Continuing Mandamus
Can the memoranda be in electronic form? Writ of Kalikasan – personal service, if not available, use substituted service (Sec. 13, R2)
Yes. The court may require the filing of memoranda and if possible, in its electronic form, within a non- Continuing Mandamus – served on the respondents in such manner as the court may direct (Sec. 4,
extendible period of thirty (30) days from the date the petition is submitted for decision. (Sec. 14) R8)

What is the consequence of failure to file a return? Who will serve?

In case the respondent fails to file a return, the court shall proceed to hear the petition ex parte. (Sec. The writ shall be served upon the respondent by a court officer or any person deputized by the court,
10) who shall retain a copy on which to make a return of service.

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Can NSO file?
(Parang NGO yata dapat ‘to) Yes. The Writ of Kalikasan is available to a non-governmental
organization.
Can five people from five different cities file? Even if representative capacity?
Yes. Section 4. Who may file. — Any real party in interest, including the government and juridical
entities authorized by law, may file a civil action involving the enforcement or violation of any
environmental law.
Section 5. Citizen suit. — Any Filipino citizen in representation of others, including minors or
generations yet unborn, may file an action to enforce rights or obligations under environmental laws.
Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief description of
the cause of action and the reliefs prayed for, requiring all interested parties to manifest their interest
to intervene in the case within fifteen (15) days from notice thereof. The plaintiff may publish the order
once in a newspaper of a general circulation in the Philippines or furnish all affected barangays copies
of said order.
Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by their respective
provisions.
No. (sabi sa intel, di lang ako sure sa justification ko.) Because under the rules, Natural persons may
file but it is without qualification that it may be filed on behalf of the said natural persons, as compared
to a public interest group who may file the same on behalf of other persons.
Even if not real party in interest?
It must be filed by a real party in interest whose constitutional right to a balanced and healthful ecology
is violated (Sec. 4)
Can locus standi be relaxed?
Yes. Because a public interest group accredited by or registered with any government agency may file
the same on behalf of other persons (Di ako sure)
Can court issue writ without hearing?
Yes. Within three (3) days from the date of filing of the petition, if the petition is sufficient in form and
substance, the court shall give an order: (a) issuing the writ; and (b) requiring the respondent to file a
verified return as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under
the seal of the court including the issuance of a cease and desist order and other temporary reliefs
effective until further order.. (Rule 7, Section 5)
Return, filing non-extendible
Within a non-extendible period of ten (10) days after service of the writ, the respondent shall file a
verified return which shall contain all defenses to show that respondent did not violate or threaten to
violate, or allow the violation of any environmental law, rule or regulation or commit any act resulting to
environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
All defenses not raised in the return shall be deemed waived.
The return shall include affidavits of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support of the defense of the respondent.
A general denial of allegations in the petition shall be considered as an admission thereof. (Sec. 8)
Note: All defenses not raised in the return shall be deemed waived. A general denial of allegation in
the petition shall be considered as an admission thereof.
Prohibited Pleadings
1. Motion to dismiss;
2. Motion for extension of time to file return
3.Motion for postponement
4. Motion for Bill of particulars
5. Counterclaim or cross claim
6. Third party complaint
7. Reply
8. Motion to declare respondent in default. (Sec. 2, R2)
If no return, what will happen? Will the defendant be declared in default?
No. If the respondent fails to file a return, the court may proceed to hear the petition ex parte.
How do you challenge the validity of CDO?
The validity of the Cease and Desist order may be challenged by virtue of an appeal within 15 days
from the notice of judgment under Rule 45 of the Rules of Court. (Sec. 16, R7)
Hearing: preliminary conference – will not extend 60 days. (given priority siya in the court dockets)
Section 4. Preliminary conference. - If mediation fails, the court will schedule the continuance of the
pre-trial. Before the scheduled date of continuance, the court may refer the case to the branch clerk of
court for a preliminary conference for the following purposes:
(a) To assist the parties in reaching a settlement;
(b) To mark the documents or exhibits to be presented by the parties and copies thereof
to be attached to the records after comparison with the originals;
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 (c) To ascertain from the parties the undisputed facts and admissions on the genuineness
and due execution of the documents marked as exhibits;
(d) To require the parties to submit the depositions taken under Rule 23 of the Rules of
Court, the answers to written interrogatories under Rule 25, and the answers to request
for admissions by the adverse party under Rule 26;
(e) To require the production of documents or things requested by a party under Rule 27
and the results of the physical and mental examination of persons under Rule 28;
(f) To consider such other matters as may aid in its prompt disposition;
(g) To record the proceedings in the "Minutes of Preliminary Conference" to be signed by
both parties or their counsels;
(h) To mark the affidavits of witnesses which shall be in question and answer form and
shall constitute the direct examination of the witnesses; and
(i) To attach the minutes together with the marked exhibits before the pre-trial proper.
The parties or their counsel must submit to the branch clerk of court the names, addresses and contact
numbers of the affiants.
During the preliminary conference, the branch clerk of court shall also require the parties to submit the
depositions taken under Rule 23 of the Rules of Court, the answers to written interrogatories under
Rule 25 and the answers to request for admissions by the adverse party under Rule 26. The branch
clerk of court may also require the production of documents or things requeste
Damages in writ of Kalikasan
A person who avail of the Writ of Kalikasan may also file a separate suit for the recovery of damages
for injury suffered. It is not allowed in the same writ because the reliefs that may be granted under the
writ are the following:
a) Directing respondent to permanently cease and desist from committing acts or neglecting
the performance of a duty in violation of environmental laws resulting in environmental
destruction or damage;
b) Directing the respondent public official, government agency, private person or entity to
protect, preserve, rehabilitate or restore the environment;
c) Directing the respondent public official, government agency, private person or entity to
monitor strict compliance with the decision and orders of the court;
d) Directing the respondent public official, government agency, or private person or entity to
make periodic reports on the execution of the final judgment; and
e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology
or to the protection, preservation, rehabilitation or restoration of
Nature of judgment in Kalikasan
It is litiguous and not summary in nature. There is a hearing before judgment. The court may also
require the filing of memoranda within the non-extendible period of 30 days from the date the petition
is submitted for decision.
It is issued within 60 days from the time the petition is submitted for decision.
The reliefs that may be granted are the following:
1. A cease and desist order
2. A Protection, Preservation,Rehabilitation or Restoration Order
3. It may direct respondent public official, government agence, private person or entity to monitor strict
compliance with the decision and orders of the court.
4. Directing the respondent public official, government agency, or private person or entity to make
periodic reports on the execution of final judgment
5. Other reliefs which relate to the right of the people to a balanced and healthful ecology to the
protection, preservation, rehabilitation or of damages to individual petitioners
Is it appealable?
Yes. Within 15 days after notice of decision, via Rule 45
Mandatory and prohibitory injunction
This is allowed since it is not prohibited under the Rules (Not sure)
Continuing Mandamus - Jurisdiction
The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where
the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court (Sec.
2, R8).
Can it be dismissed outright?
Yes, if not sufficient in form and substance.
What should be alleged?
When any agency or instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an environmental law rule or regulation or a
right therein, or unlawfully excludes another from the use or enjoyment of such right and there is no
other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby
may file a verified petition in the proper court, alleging the facts with certainty, attaching thereto
supporting evidence, specifying that the petition concerns an environmental law, rule or regulation, and
praying that judgment be rendered commanding the respondent to do an act or series of acts until the
judgment is fully satisfied, and to pay damages sustained by the petitioner by reason of the malicious
neglect to perform the duties of the respondent, under the law, rules or regulations. The petition shall
also contain a sworn certification of non-forum shopping (Sec. 1, R8)
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Is previous judgment for violation required?
No.
Real-Parties-in-interest: Writ of Continuing Mandamus
The writ is available when any agency, instrumentality of the government or officer:
(1) unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or violation of an environmental
law rule or regulation or a right therein
(2) unlawfully excludes another from the use or enjoyment of such right
In any of the above, there must be showing that there is no other plain, speedy and adequate remedy
in the ordinary course of law.
Can a TEPO & Continuing Mandamus be filed together?
Yes. When petition is duly filed, the court may grant TEPO for the preservation of the rights of the
parties pending such proceedings. The TEPO is granted if it appears that the matter is of extreme
urgency and the applicant will suffer grave injustice and irreparable injury.
Until When is the performance of officer in CM?
If warranted, the court shall
1. grant the privilege of the writ of continuing mandamus requiring respondent to perform an act or
series of acts until the judgment is fully satisfied and
2. grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the
respondent.
The court shall require the respondent to submit periodic reports detailing the progress and execution
of the judgment, and the court may, by itself or through a commissioner or the appropriate government
agency, evaluate and monitor compliance.
Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by the
respondent.
If the court finds that the judgment has been fully implemented, the satisfaction of judgment shall be
entered in the court docket.
LECTURE 4/14/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)
Rule 7
3 reqs of writ of Kalikasan
1. Actual or threatened violation
2. Arise from an unlawful act or omission
3. Magnitude
Exact degree of magnitude is not precisely defined
WoK is an extraordinary remedy
Rule 5, Sec 2 – citizen suits – mentions R.A. 9003 (Ecological Solid Waste Management) R.A.
9749 (o Phil Clean Air Act) – they will be governed by the laws governing it. (like 30 days prior notice
rule is separate and distinct in the requirement under WoK)
Does the hierarchy of courts apply?
No, it does not apply. It is an exception to this rule where direct resort may be allowed, because it is
affected by public welfare. However, it is discretionary upon the SC if it will take cognizance. In any
instance, it may referred to the CA.
Different rule on locus standi here in WoK (read Oposa v. Factoran, also known as the liberalized
rule on legal standing)
Interest and damage does not need to be direct. Basis?
Humans are stewards of nature. Encourage the protection of the environment.
Lahat ba ng petitioners magsa-sign? Dahil dapat verified eh?
Hindi, kasi pwede nga yung representational capacity (West Tower Condo Corp. case)
It is not enough that you are claiming a right, you have the burden to prove that there is a
violation/neglect of environmental law
Segovia v. Climate Change Commission – “carless association of the Philippines”. Road-sharing
principle – bike lanes. SC said that there was no violation of law. What is invoked was the
Constitution on atmospheric trust. That principle is not a law nor a rule sought to be implemented. The
law in place (the Constitution) does not specify its execution. The projects are the exercise of their
discretion, and that is not compellable via Mandamus.
Similar process with Amparo, Data, etc.
Cease and Desist is not limited as to its period, as compared to TRO.
Personal service?
21
Yes. Return shall be verified. Failure – deemed waived (like Omnibus Motion) Period to file return is
unextendible. If return is not filed, court shall proceed to hear the case ex parte. No need to declare
respondent in default. Court can also call for a preliminary conference.
You must raise all available defenses, otherwise it is deemed waived.
Hearing should not extend beyond 60 days. Given priority in the court dockets. After hearing, case will
be submitted for decision. Respodent who resists to obey lawful court order – direct contempt
If after hearing, the court may punish the refusing party with indirect contempt.
Discovery measures – in order to gather info, so that the WoK may enforce a right (like ocular,
production order, etc. It is like a fact-finding power)
In WoK, there is no damages (Rule 7, Sec. 15) You will file a separate appropriate case.
Judgement is immediately executory. But you may appeal. If from CA, go to SC via Rule 45. SC can
review both questions of fact and law. 15 days appeal. Pero pag SC ang nagrule, wala na eh, kay God
ka nalang mag-appeal.
Kalikasan decision – nature is prohibitory and mandatory.
CONTINUING MANDAMUS
It directs the performance of acts or series of acts decreed by judgment.
Effective until the judgment is fully satisfied. No more need move to execute, here they are required
to submit periodic compliance reports, and the petitioners may comment.
Same with mandamus under R65, except idadagdag mo yung “in connection of enforcement and
violation of an environmental law” Ministerial pa din ang subject.
Where to file?
RTC within territory where there is actionable neglect/omission. CA and SC also.
Here, legal standing must be with the real-party-interest. Not the same with WoK, ordinary rules na
ulit ang magaapply.
No payment of docket fees
It must be sufficient in form and substance. Outright dismissal is exercised by the Court with caution.
Is it necessary that there must be a judgment in a previous case?
No. No need for a previous filing of violation of law. Allege it na in the CM.
Once the writ is issued, serve it. Service is directed by the Court. Maybe substituted Instead of return
is filed, it is a comment.
Hearing is summary in nature, then submit memoranda. No ex-parte proceeding. Court can rule on the
case, like R65.
Motion for extension of time. Although sabi ni DJ, wala naman daw prohibtion. Senga: eh, iapply
natin yung rules on environmental Procedure. Wala pa daw ruling ng SC eh.
Judgement is executory and appealable. So need mo ng appelate court restraining order or an
injunction.
Wala nakalagay na appeal via R45, however, sa jurisprudence, yan din ang inapply.
Final judgment – there is a requirement commanding compliance until satisfied.
RULE 66
QUO WARRANTO
Latin for “by what authority”
What is Quo Warranto?
It an action against a person who usurps, intrudes into, or unlawfully holds or exercises a public office
or even a public franchise. It is an action for the usurpation of a public office, position or franchise that
is commenced by a verified petition in the name of the Republic of the Philippines (Sec. 1)
Which courts have jurisdiction over quo warranto proceedings?
It can be brought only in SC, CA or RTC. If brought in RTC, it shall be that which has jurisdiction over
the territorial area where the respondent or any of the respondents reside. (Sec. 7) (concurrent
jurisdiction, but hierarchy of courts may still be observed)
Does the Supreme Court have jurisdiction over quo warranto cases?
Yes. A direct resort to the SC may be justified when the matter raised is of transcendental importance
and has far-reaching implications as when the petition is directed against the Chief Justice.
As a rule, if direct resort is made, may be dismissed outright. Exception? Sereno case. When the
position in dispute is the highest position in the judiciary. Transcendental importance, far reaching
implications to the Bench and Bar, and to the public, Ethical considerations.
22
Does COMELEC have jurisdiction? Can the Solicitor General institute motu proprio?
Yes, under the Omnibus Election Code, a petition for quo warranto may be brought in the Comelec, Yes. When directed by the president of the Philippines, or when upon a complaint or otherwise he has
RTC or MeTC, or MTC, as the case maybe. good reason to believe that any case specified in the Rules can be established by proof. (Sec. 2)

Sec. 253. Petition for quo warranto. - Any voter contesting the election of any Member of the Batasang Can the Solicitor General turn down the complaint?
Pambansa, regional, provincial, or city officer on the ground of ineligibility or of disloyalty to the Republic Yes
of the Philippines shall file a sworn petition for quo warranto with the Commission within ten days after
the proclamation of the results of the election. Who has jurisdiction over intra-corporate disputes?
RTC
Any voter contesting the election of any municipal or barangay officer on the ground of ineligibility or of
disloyalty to the Republic of the Philippines shall file a sworn petition for quo warranto with the regional Can we apply quo warranto in intra-corporate disputes?
trial court or metropolitan or municipal trial court, respectively, within ten days after the proclamation of Yes. But we need to apply interim rules of procedure governing intra-corporate disputes under RA no.
the results of the election. 8799 and not Rule 66.

Do we have to follow the hierarchy of courts? Reason? Quo warranto against a corporation, where filed?
Yes. It is a constitutional filtering mechanism designed to enable the Court to focus on the more RTC
fundamental and essential tasks assigned to it by the highest law of the land, corollary to this, direct
resort to SC is permitted only when the case is of transcendental importance and has far-reaching When do we apply Rule 66 and intra-corporate rules insofar as de facto corporations?
implications. When the association, which acts as a corporation within the PH without being legally incorporated or
without lawful authority so to act.
Does Sandiganbayan have jurisdiction over quo warranto cases?
Yes. Sandiganbayan has exclusive original jurisdiction on quo warranto arising or that may arise in OMNIBUS ELECTION CODE
cases filed under EO 1,2,14, 14-A but this must be in aid of its appellate jurisdiction and not exclusive What positions can be the subject of quo warranto under Omnibus Election Code in RTC and
of the SC. (PCGG and ill-gotten wealth cases, R.A. 10066) COMELEC?
Elective officers
Period to file quo warranto? Reason for the prescription?
General Rule: by reason of ouster from a public office shall be filed within 1 year after the cause of such Jurisdiction
ouster, or the right of petitioner to hold such office or position arose. MTC - barangay
RTC – municipal
Exception: The prescriptive period does not apply if the failure to file the action can be attributed to acts COMELEC – Regional, Provincial, City and Congress
of a responsible government officer and not of the dismissed employee
Grounds for quo warranto under Omnibus Election Code
Reason: It is not proper that the title to public office should be subjected to continued uncertainty, and Ineligibility or disloyalty to the Republic of the Philippines
the people’s interest requires that such right should be determined as speedily as practicable. (Cuyo v.
City Mayor, 1957) Period within which to file under Omnibus Election Code
Within 10 days from the proclamation of results
Period to file Answer? Can it be extended?
15 days. The General Rule is that the Court may extend the time for filing the answer and cannot Who has jurisdiction in a petition for quo warranto under the Omnibus Election Code?
shorten them. The exception is in Quo Warranto case. The ROC provides that it can be reduced in Any voter contesting the election of any Member of the Batasang Pambansa, regional, provincial, or
order to secure the most expeditious determination of the matters involved therein. city officer on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a
sworn petition for quo warranto with the COMELEC within ten days after the proclamation of the results
23
of the election. Any voter contesting the election of any municipal or barangay officer on the ground of
ineligibility or of disloyalty to the Republic of the Philippines shall file a sworn petition for quo warranto If an individual files a quo warranto, can it be on behalf of another person? Effect?
with the regional trial court or metropolitan or municipal trial court, respectively, within ten days after No. the person authorized to file the same is the one who claims to be entitled to a public office or
the proclamation of the results of the election. (Section 253, Omnibus Election Code) position. dismissed

How will COMELEC acquire jurisdiction? BALIK R66

Within 10 days upon proclamation, before he takes his oath
What is usurpation?
Function of HRET? What is the wording in the Constitution? The illegal encroachment or assumption of the use of authority, power, or property properly belonging
SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal to another; the interruption or disturbance of an individual in his or her right or possession.
which shall be the sole judge of all contests relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall Who may bring an action for quo warranto?
be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Solicitor general, public prosecutor, individual claiming to be entitled to office or position usurped or
Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on unlawfully held or exercised by another. (Secs. 2, 3, 5)
the basis of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal Do we need to have a cause of action?
shall be its Chairman. Yes.

Pre-proclamation controversy, will it suspend the period to file quo warranto? Appointed in acting capacity, can you bring a Quo Warranto against the duly appointed
Yes. position?
NO, because acting in temporary capacity. No clear legal right.
Can the court award damages?
Yes Can there be splitting of causes of action in Rule 66?
No
Can the court grant damages if not prayed for?
No Quo warranto v. Mandamus

Under Omnibus Election Code, what happens if all are disqualified? QUO WARRANTO
MANDAMUS
Under the Omnibus Election Code, when will the decision in quo warranto become final and
executory?
As to purpose
After the lapse of 5 days following the promulgation of the decision.

Under ROC, when will quo warranto become final and executory? It is designed to try the right or title to the office. Does not lie to try disputed titles but only to
After lapse on perfecting an appeal or waived the appeal enforce legal duties
Do we apply the rules on venue?
NO As to whom brought against
Under Omnibus Election Code, any individual?
YES, any voter
24

Against the holder of the office, not necessarily
one who excludes the petitioner
As to the party who may file the action
Commenced in the name of the Republic of the
Philippines by a verified petition. However, the
petitioner may be brought by an individual in his
own name if he claims to be entitled to a public
office usurped or unlawfully held or exercised by
another
Against the person who is responsible for
unlawfully excluding the petitioner from office
Commenced by a person who has a clear legal
right to the act demanded.
Sereno case, arguments and contentions of the State and Sereno
What is the first word in the case?
INTEGRITY
How does one become a Chief Justice?
Appointed by the president from the shortlisted applicants submitted by the Judicial and Bar Council
Prescriptive period of Quo Warranto
The action must be commenced within one year after the cause for such ouster or the right of the
petitioner to hold such office or position arose.
Did she possess the qualification and later lost? Or no qualifications in the first place?

Constitution provision regarding SALN

Can you avail mandamus and quo warranto alternatively? Art. XI Sec. 17. A public officer or employee shall, upon assumption of office and as often thereafter as
Procedurally, you can avail them alternatively. may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the
case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme
Corporation misused its franchise, can there be an action for quo warranto? Where filed? (PLDT Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces
v. NTC) with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.
Yes. RTC.
Grounds for impeachment
Petition for quo warranto against Arroyo, how will you rule? Culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or
Barred. More than 1 year. betrayal of public trust.

Can a public prosecutor commence a quo warranto suit? Issue on prescription?

Yes It is a public wrong and of public interest. Prescription does not lie against the government

Damages – same case or separate?
Separate, because there is already an entry of judgment
Lawyer for 3 years appointed as prosecutor, can you file quo warranto?
No, not claiming the position
What is a relator?
A person at whose request and upon whose relation the solicitor general or public prosecutor brings an
action for quo warranto with the permission of the court under Sec. 3 and 4.
What will be the judgment in quo warranto?
When the respondents found guilty of usurping, intruding into, or unlawfully holding or exercising a
public office, position or franchise, judgment shall be rendered that such respondent be ousted and
altogether excluded therefrom, and that the petitioner or relator, as the case may be, recover his costs.
Such further judgment may be rendered determining the respective rights in and to public office,
position or franchise of all the parties to the action as justice requires. (Sec. 12)
Is Quo Warranto inconsistent with impeachment?
No

Vice Mayor was proclaimed, can you assail his qualifications under Rule 66? Quo warranto v. Impeachment
No, Rule 66 only applies to appointive officials
25
 IMPEACHMENT QUO WARRANTO convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment,
Nature according to law. (1987 Constitution)

Political Judicial Limitations

Jurisdiction No impeachment proceedings shall be initiated The petition must commenced within one (1)
against the same official more than once within year after the cause of such ouster, or the right
House of Representatives shall have the SC, CA, or RTC a period of one year. (1987 Constitution) of the petitioner to hold such office or position,
exclusive power to initiate all cases of arose. (Rule 66, ROC)
impeachment.

Senate shall have the sole power to try and Prescriptive period?
decide all cases of impeachment. The petition for QW must be filed within ten (10) days from proclamation of the results of the election.
(1987 Constitution)
Rules of venue
Grounds The action can be brought in the SC, CA or RTC exercising jurisdiction over the territorial area where
the respondent or any of the respondents reside. If commenced by the Solicitor General, it may be filed
1. Culpable violation of the Constitution, 1. A person who usurps, intrudes into, or with the RTC of Manila, CA or SC.
2. Treason, unlawfully holds or exercises a public office,
3. Bribery, position or franchise; NOTE: This is subject to the principle of hierarchy of courts.
4. Graft and corruption, 2. A public officer who does or suffers an act
5. Other high crimes, or which, by the provision of law, constitutes a Dispute of representatives in partylists, if nag oath and proclamation, will the QW prosper in
6. Betrayal of public trust. ground for the forfeiture of his office; or COMELEC?
3. An association which acts as a corporation No, HRET has the jurisdiction.
within the Philippines without being legally
incorporated or without lawful authority so to
act. LECTURE 4/14/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)
Applicable rules
COMELEC Quo Warranto v. ROC Quo Warranto –
Congress shall promulgate its rules on Rule 66, ROC
impeachment (1987 Constitution) Quo Warranto and Mandamus may be concurrently filed. But the hierarchy of courts must still be
observed.
Judgment
So you cannot file directly?
Judgment in cases of impeachment shall not Judgment is limited to ouster or forfeiture and Pwede, as an exception. (Republic v Sereno) citing far reaching implications to the bench and bar.
extend further than removal from office and may not be imposed retroactively upon prior
disqualification to hold any office under the exercise of official or corporate duties. (Rep v. What is the rule under the SRC?
Republic of the Philippines, but the party Sereno) It is the RTC that has jurisdiction over QW on corporations or persons usurping positions in the
Corporation. So we will use their interim Rules, not R66. RTC acts as a commercial court.
26
1 YEAR LIMITATION – the person entitled must be minded of the period, for the stability of their office.
Otherwise, they lost their right as abandonment. But as exception, read Sereno case argument.
Period to file QW?
1 year from ouster or when the issue to hold office arose
Period to file case for damages?
1 year from entry of judgment
This is an example where splitting of COA is allowed
Purpose of 1 year?
To respect Stability in the public service.
Exceptions?
1. Yung 1 yr daw, magapply lang kapag may isang tao na nagseseek ng right to office. (when one
person is seeking a right to the office.)
2. But when the government itself seeks the remedy when a wrong is committed, one year limit does
not apply (Republic v. Sereno)
Rule 66, Sec. 2. – nakalagay ng “must,” so di daw mapipigilan ng 1 year limit.
In Republic v. Sereno, the Republic cannot be faulted kasi kakadiscover pa lang. Cleverly tinago daw
yung SALN.
RE: ABSC-CBN: Pwede yan, pasok pa din ang government franchise, when there is a misuse. Quo
Warranto is an available remedy. Expired na franchise nila eh.
SolGen has permissible latitude to act on QW. He may turn down the action.
Private person must have clear light and sue in his name. Sa Rule 66 bawal epal, dapat may karapatan
ka. Dapat the petitioner is claiming the right to the office. Show clear legal right.
QW on impeachable?
Yes, it is not inconsistent with QW. Pwede yan sabay. Impeachment is political in nature. QW is judicial
in nature. Impeachment is proceeding exercised by legislative dept as representatives of the sovereign.
Grounds differ.
In Republic v. Sereno, CJ Sereno is an impeachable officer. QW can proceed independent of the
impeachment. These remedies are distinct. They can be proceeded to simultaneously.
Splitting of causes of Action (Sec. 10, 11, 12 of Rule 66)
RULE 67
EXPROPRIATION
What is expropriation?
Expropriation is the procedure to be observed in the exercise of the right of eminent domain.
Which courts have jurisdiction?
RTC. It is an action incapable of pecuniary estimation, regardless of the amount of the property.
In Bardillon vs. Brgy Masili, Laguna G.R. No. 146886, the SC said that an expropriation suit deals with
propriety of expropriation – incapable of pecuniary estimation.
Difference between eminent domain and expropriation?
Eminent domain – power to take property for public use for just compensation;
Expropriation – procedure by which the power is exercised.
Only private property?
No
Can public property be the subject of expropriation?
Yes. “If the title to any property sought to be expropriated appears to be in the Republic of the
Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so
that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that
effect shall be made in the complaint.” (Rule 67, Section 1)
Immovable v. Movable property, are the procedures different?
The same but differs as to how to ascertain the value of preliminary deposit:
a. If Personal Property – Provisionally ascertained and fixed by the court.
b. If Real Property – Assessed value as indicated in the tax return.
Condemnation?
It is the term for expropriation under the old rules.
Who are the parties?
State and property owner. “All persons owning or claiming to own or occupying any part or interest
therein must be joined as defendants” (Rule 67, Section 1)
Who are the defendants?
27
All persons owning or claiming to own or occupying any part or interest therein must be joined as
defendants. (Sec. 1)
Co-owners – should all be made defendants?
Yes. Indispensable.
Can private parties decide on the price?
No. Private parties may only be allowed to present evidence on the issue of just compensation before
the commissioners appointed by the court.
When is there a taking of property?
There is taking when:
1. The owner is actually deprived or dispossessed of his property;
2. There is a practical destruction or a material impairment of the value of his property;
3. The owner is deprived of the ordinary use of his property; or
4. The owner is deprived of jurisdiction, supervision and control of his property (Republic v. Sarabia,
2005).
Two stages of expropriation
First stage: The determination of the authority of the plaintiff to exercise the power of eminent domain
and the propriety of its exercise in the context of the facts involved in the suit; and
Second Stage: is concerned with the determination by the court of the just compensation for the
property sought to be taken.
What is just compensation?
It is the full and fair equivalent for the loss sustained by the defendant. It is equivalent to the fair market
value of the property at the time of its taking or at the time of the filing of the complaint whichever comes
first.
Just compensation is not only the correct determination of the amount to be paid to the owner but also
the payment of the property within a reasonable time, i.e., payment within five (5) years from the finality
of the judgment (Republic v. Lim, G.R. No.161656, June 29, 2005).
If you appeal expropriation, will it suspend the second phase?
No. A final order sustaining the right to expropriate the property may be appealed by any party
aggrieved thereby. Such appeal, however, shall not prevent the court from determining the just
compensation to be paid. (Sec. 4)
What is your mode of appeal? Notice or record of appeal?
Record of appeal
Can there be 2 simultaneous appeals?
Yes
What happens in the first stage?
In the first stage, there is a determination of the authority of the plaintiff to expropriate. This
determination includes inquiry into the propriety of the expropriation - its necessity and the public
purpose. It will end with the issuance of an order of expropriation if the court finds for the plaintiff or in
the dismissal of the complaint if the court finds it otherwise.
Two phases
First phase
- Start with the filing of a complaint – ends with an Order
- If there is a finding of whether or not it should be dismissed or a finding of proprierty
Second phase
- Expropriation is proper
Can you be declared in default only in the first phase not in the second?
Defendant cannot be declared in default, failure to file an answer would result to the court‘s judgment
on the right to expropriate without prejudice to the right to present evidence on the just compensation
and to share in the distribution of the award
“However, at the trial of the issue of just compensation whether or not a defendant has previously
appeared or answered, he may present evidence as to the amount of the compensation to be paid for
his property, and he may share in the distribution of the award.” (Sec. 3)
What will you pay to enter property in National Infrastructure?
An amount equivalent to the sum of:
1. 100% of the value of the land based on the current relevant zonal valuation of the BIR issued not
more than three (3) years prior to the filing of the expropriation complaint
2. The replacement cost at current market value of the improvements and structures as determined
by:
a. The implementing agency
b. A government financial institution with adequate experience in property appraisal; and
c. An independent property appraiser accredited by the BSP.
3. The current market value of the crops and trees located within the property as determined by a
government financial institution or an independent property appraiser to be selected in the manner
provided by law. (RA 10752, Sec. 6(f))
Replacement cost
28
It refers to the cost necessary to place the affected structure or improvement with a similar asset based
on the current market prices. (R.A No. 10752, Sec. 3(e))
Who will determine replacement cost? How?
The replacement cost is determined by:
(i) The implementing agency;
(ii) A government financial institution with adequate experience in property appraisal; and
(iii) An independent property appraiser accredited by the BSP. R.A No. 10752, Sec. 6(a))
It is determined by ascertaining the cost necessary to place the affected structure or improvement with
a similar asset based on the current market prices. (R.A No. 10752, Sec. 3(e))
Negotiated sale under RA 10752
The implementing agency may offer to acquire, through negotiated sale, the right-of-way site or location
for a national government infrastructure project.
The implementing agency shall offer to the property owner concerned, as compensation price, the sum
of:
(1) The current market value of the land,
(2) The replacement cost of structures and improvements therein; and
(3) The current market value of crops and trees therein.
To determine the appropriate price offer, the implementing agency may engage the services of a
government financial institution with adequate experience in property appraisal, or an independent
property appraiser accredited by the BSP or a professional association of appraisers recognized by the
BSP to be procured by the implementing under the provisions of R.A. 9184, otherwise known as the
“Government Procurement Reform Act” and its implementing rules and regulations pertaining to
consulting services.
If the property owner does not accept the price offer, the implementing agency shall initiate
expropriation proceedings pursuant to Section 6 hereof.
The property owner is given 30 days to decide whether or not to accept the offer as payment for his
property. Upon refusal or failure of the property owner to accept such offer or fails anchor refuses to
submit the documents necessary for payments, the implementing agency shall immediately initiate
expropriation proceedings. (R.A No. 10752, Sec. 5)
What must be deposited?
An amount equivalent to the sum of:
1. 100% of the value of the land based on the current relevant zonal valuation of the BIR issued not
more than three (3) years prior to the filing of the expropriation complaint
2. The replacement cost at current market value of the improvements and structures as determined
by:
a. The implementing agency
b. A government financial institution with adequate experience in property appraisal; and
c. An independent property appraiser accredited by the BSP.
3. The current market value of the crops and trees located within the property as determined by a
government financial institution or an independent property appraiser to be selected in the manner
provided by law. (RA 10752, Sec. 6(f))
Standards of assessment of the value of the property subject of the negotiated sale?
A. The classification and use for which the property is suited
B. The development cost for improving the land
C. The value declared by the owners
D. The current selling price of similar lands in the vicinity
E. The reasonable disturbance compensation for the removal and demolition of certain
improvements on the land and for the value of improvements thereon
F. The size, shape or location, tax declaration and zonal valuation of the land
G. The price of the land as manifested in the ocular findings, oras as well as documentary
evidence presented
H. Such facts and events as to enable the affected owners to have sufficient funds to
acquire similarly situated lands of approximate areas as those required from them by
the government, and thereby rehabilitate themselves as early as possible. (R.A No. 10752,
Sec. 7)
What happens if there is a dispute as to the owner of the property, will it stop expropriation?
No. If the ownership of the property taken is uncertain, or there are conflicting claims to any part thereof,
the court may order any sum or sums awarded as compensation for the property to be paid to the court
for the benefit of the person adjudged to be entitled thereto. (Rule 67, Sec. 9)
If there are illegal settlers, do they have to file a case? Remedy?
File an ejectment case.
After 40 years, walang ginawa sa property. What will you file to recover property?
The former owners, if they desire, may seek the reversion of the property subject to the return of the
amount of just compensation received.
Formula of just compensation?
Just Compensation (JC) = Fair Market Value (FMC) + Consequential Damages (CD) - Consequential
Benefits (CB)
If CB is more than CS, then JC = FMV
29

In no case shall the consequential benefits exceed the consequential damages assessed, or the owner
be deprived of the actual value of his property so taken.
Functions of commissioners?
Upon the rendition of the order of expropriation, the court shall appoint not more than 3 competent and
disinterested persons as commissioners to:
1. Unless the parties consent to the contrary, Commissioners shall view and examine the property
sought to be expropriated and its surroundings, and may measure the same;
2. Assess the consequential damages to the property not taken and deduct such damages from the
consequential benefits derived by the owner; and
3. Report to the court its findings as to the just compensation of the property sought to be expropriated
Effect if you do not allege all your defenses?
Those not alleged shall be deemed waived.
“A defendant waives all defenses and objections not so alleged but the court, in the interest of justice,
may permit amendments to the answer to be made not later than ten (10) days from the filing thereof.”
(Rule 67, Section 3)
Remedy in 90?
Seek leave to amend the answer within 10 days from the filing thereof. Leave is required because of
the tenor of the rule which provides, “the court, in the interest of justice may permit amendments” (Sec.
3)
REPUBLIC ACT No. 10752
AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE OR LOCATION FOR
NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as “The Right-of-Way Act”.
SECTION 2. Declaration of Policy. – Article III, Section 9 of the Constitution states that private
property shall not be taken for public use without just compensation. Towards this end, the State shall
ensure that owners of real property acquired for national government infrastructure projects are
promptly paid just compensation for the expeditious acquisition of the required right-of-way for the
projects.
SECTION 3. National Government Projects. – As used in this Act, the term “national government
projects” shall refer to all national government infrastructure projects and its public service facilities,
engineering works and service contracts, including projects undertaken by government-owned and -
controlled corporations, all projects covered by Republic Act No. 6957, as amended by Republic Act
No. 7718, otherwise known as the “Build-Operate-and-Transfer Law”, and other related and necessary
activities, such as site acquisition, supply or installation of equipment and materials, implementation,
construction, completion, operation, maintenance, improvement, repair and rehabilitation, regardless
of the source of funding. Subject to the provisions of Republic Act No. 7160, otherwise known as the
“Local Government Code of 1991”, local government units (LGUs) may also adopt the provisions of this
Act for use in the acquisition of right-of-way for local government infrastructure projects.
SECTION 4. Modes of Acquiring Real Property. – The government may acquire real property needed
as right-of-way site or location for any national government infrastructure project through donation,
negotiated sale, expropriation, or any other mode of acquisition as provided by law.
In case of lands granted through Commonwealth Act No. 141, as amended, otherwise known as “The
Public Land Act”, the implementing agency shall:
(a) Follow the other modes of acquisition enumerated in this Act, if the landowner is not the original
patent holder and any previous acquisition of said land is not through a gratuitous title; or
(b) Follow the provisions under Commonwealth Act No. 141, as amended, regarding acquisition of
right-of-way on patent lands, if the landowner is the original patent holder or the acquisition of the land
from the original patent holder is through a gratuitous title.
The implementing agency may utilize donation or similar mode of acquisition if the landowner is a
government-owned or government-controlled corporation.
When it is necessary to build, construct, or install on the subsurface or subterranean portion of private
and government lands owned, occupied, or leased by other persons, such infrastructure as subways,
tunnels, underpasses, waterways, floodways, or utility facilities as part of the government’s
infrastructure and development project, the government or any of its authorized representatives shall
not be prevented from entry into and use of the subsurface or subterranean portions of such private
and government lands by surface owners or occupants, if such entry and use are made more than fifty
(50) meters from the surface.
SECTION 5. Rules on Negotiated Sale. – The implementing agency may offer to acquire, through
negotiate sale, the right-of-way site or location for a national government infrastructure project, under
the following rules.
30
(a) The implementing agency shall offer to the property owner concerned, as compensation price, the
sum of:
(1) The current market value of the land,
(2) The replacement cost of structures and improvements therein; and
(3) The current market value of crops and trees therein.
To determine the appropriate price offer, the implementing agency may engage the services of a
government financial institution with adequate experience in property appraisal, or an independent
property appraiser accredited by the Bangko Sentral ng Pilipinas (BSP) or a professional association
of appraisers recognized by the BSP to be procured by the implementing under the provisions of
Republic Act No. 9184, otherwise known as the “Government Procurement Reform Act” and its
implementing rules and regulations pertaining to consulting services.
If the property owner does not accept the price offer, the implementing agency shall initiate
expropriation proceedings pursuant to Section 6 hereof.
The property owner is given thirty (30) days to decide whether or not to accept the offer as payment for
his property. Upon refusal or failure of the property owner to accept such offer or fails anchor refuses
to submit the documents necessary for payments, the implementing agency shall immediately initiate
expropriation proceedings as provided in Section 6 herein.
(b) Subparagraph (a)(2) of Section 5 hereof shall also apply to all owners of structures and
improvements who do not have legally recognized rights to the land, and who meet all of the following
criteria:
(1) Must be a Filipino citizen;
(2) Must not own any real property or any other housing facility, whether in an urban or rural area; and
(3) Must not be a professional squatter or a member of a squatting syndicate, as defined in Republic
Act No. 7279, otherwise known as the “Urban Development and Housing Act of 1992”.
(c) With regard to the taxes and fees relative to the transfer of title of the property to the Republic of the
Philippines through negotiated sale, the implementing agency shall pay, for the account of the seller,
the capital gains tax, as well as the documentary stamp tax, transfer tax and registration fees, while the
owner shall pay any unpaid real property tax.
(d) If requested by the property owner, the implementing agency shall remit to the LGU concerned the
amount corresponding to any unpaid real property tax, subject to the deduction of this amount from the
total negotiated price. Provided, however, That the said amount is not more than the negotiated price.
(e) The property owner and the implementing agency shall execute a deed of absolute sale: Provided,
That the property owner has submitted to the implementing agency the Transfer Certificate of Title, Tax
Declaration, Real Property Tax Certificate, and other documents necessary to transfer the title to the
Republic of the Philippines. The implementing agency shall cause the annotation of the deed of
absolute sale on the Transfer Certificate of Title.
(f) Upon the execution of a deed of sale, the implementing agency shall pay the property owner:
(1) Fifty percent (50%) of the negotiated price of the affected land, exclusive of taxes remitted to the
LGU concerned under subparagraph (d) herein; and
(2) Seventy percent (70%) of the negotiated price of the affected structures, improvements, crops and
trees, exclusive of unpaid taxes remitted to the LGU concerned under subparagraph (d) herein.
(g) The implementing agency shall, at the times stated hereunder, pay the property owner the remaining
fifty percent (50%) of the negotiated price of the affected land, and thirty percent (30%) of the affected
structures, improvements, crops and trees, exclusive of unpaid taxes remitted to the LGU concerned
under subparagraph (d) herein: Provided, That the land is already completely cleared of structures,
improvements, crops and trees.
(1) At the time of the transfer of title in the name of the Republic of the Philippines, in cases where the
land is wholly affected; or
(2) At the time of the annotation of a deed of sale on the title, in cases where the land is partially
affected.
The provisions of subparagraph (a) herein shall also apply to outstanding claims for right-of-way
payments, except that the amount to be offered shah be the price at the time of taking of the property,
including legal interest until fully paid.
SECTION 6. Guidelines for Expropriation Proceedings. – Whenever it is necessary to acquire real
property for the right-of-way site or location for any national government infrastructure through
expropriation, the appropriate implementing agency, through the Office of the Solicitor General, the
Office of the Government Corporate Counsel, or their deputize government or private legal counsel,
shall immediately initiate the expropriation proceedings before the proper court under the following
guidelines:
31
(a) Upon the filing of the complaint or at any time thereafter, and after due notice to the defendant, the
implementing agency shall immediately deposit to the court in favor of the owner the amount equivalent
to the sum of:
(1) One hundred percent (100%) of the value of the land based on the current relevant zonal valuation
of the Bureau of Internal Revenue (BIR) issued not more than three (3) years prior to the filing of the
expropriation complaint subject to subparagraph (c) of this section;
(2) The replacement cost at current market value of the improvements and structures as determined
by:
(i) The implementing agency;
(ii) A government financial institution with adequate experience in property appraisal; and
(iii) An independent property appraiser accredited by the BSP.
(3) The current market value of crops and trees located within the property as determined by a
government financial institution or an independent property appraiser to be selected as indicated in
subparagraph (a) of Section 5 hereof.
Upon compliance with the guidelines abovementioned, the court shall immediately issue to the
implementing agency an order to take possession of the property and start the implementation of the
project.
If, within seven (7) working days after the deposit to the court of the amount equivalent to the sum under
subparagraphs (a)(1) to (a)(3) of this section, the court has not issued to the implementing agency a
writ of possession for the affected property, the counsel of the implementing agency shall immediately
seek from the court the issuance of the writ of possession. The court shall issue the writ of possession
ex parte; no hearing shall be required.
The court shall release the amount to the owner upon presentation of sufficient proofs of ownership.
(b) In case the owner of the property cannot be found, if unknown, or deceased in cases where the
estate has not been settled, after exerting due diligence, or there are conflicting claims over the
ownership of the property and improvements and structures thereon, the implementing agency shall
deposit the amount equivalent to the sum under subparagraphs (a)(1) to (a)(3) of this section to the
court for the benefit of the person to be adjudged in the same proceeding as entitled thereto.
Upon compliance with the guidelines abovementioned, the court shall immediately issue to the
implementing agency an order to take possession of the property and start the implementation of the
project.
If, within seven (7) working days after the deposit to the court of the amount equivalent to the sum under
subparagraphs (a)(1) to (a)(3) of this section, the court has not issued to the implementing agency a
writ of possession for the affected property, counsel of the implementing agency shall immediately seek
from the court the issuance of the writ of possession.
The court shall release the amount to the person adjudged same expropriation proceeding as entitled
thereto.1awp++i1
(c) In provinces, cities, municipalities, and other areas where there is no land classification, the city or
municipal assessor is hereby mandated, within the period of sixty (60) days from the date of filing of
the expropriation case, to come up with the required land classification and the corresponding
declaration of real property and improvement for the area. In provinces, cities, municipalities, and other
areas where there is no zonal valuation, or where the current zonal valuation has been in force for more
than three (3) years, the BIR is mandated, within the period of sixty (60) days from the date of filing of
the expropriation case, to conduct a zonal valuation of the area, based on the land classification done
by the city or municipal assessor.
(d) With reference to subparagraph (a)( 1) of this section, in case the completion of a government
infrastructure project is of utmost urgency and importance, and there is no land classification or no
existing zonal valuation of the area concerned or the zonal valuation has been in force for more than
three (3) years, the implementing agency shall use the BIR zonal value and land classification of similar
lands within the adjacent vicinity as the basis for the valuation.
(e) In any of the cases in subparagraphs (a) to (d) of this section, upon its receipt of the writ of
possession issued by the court, the implementing agency may take possession of the property and
start the implementation of the project.
(f) In the event that the owner of the property contests the implementing agency’s proffered value, the
court shall determine the just compensation to be paid the owner within sixty (60) days from the date
of filing of the expropriation case. When the decision of the court becomes final and executory, the
implementing agency shall pay the owner the difference between the amount already paid and the just
compensation as determined by the court.
(g) With regard to the taxes and fees relative to the transfer of title of the property to the Republic of
the Philippines through expropriation proceedings, the implementing agency shall pay the documentary
stamp tax, transfer tax and registration fees, while the owner shall pay the capital gains tax and any
unpaid real property tax.
32

SECTION 7. Standards for the Assessment of the Value of the Property Subject to Negotiated
Sale. – In order to facilitate the determination of the market value of the property, the following relevant
standards shall be observed:
(a) The classification and use for which the property is suited;
(b) The development cost for improving the land,
(c) The value declared by the owners;
(d) The current selling price of similar lands in the vicinity,
(e) The reasonable disturbance compensation for the removal and demolition of certain improvements
on the land and for the value of improvements thereon;
(f) The size, shape or location, tax declaration and zonal valuation of the land;
(g) The price of the land as manifested in the ocular findings, oral as well as documentary evidence
presented; and
(h) Such facts and events as to enable the affected property owners to have sufficient funds to acquire
similarly situated lands of approximate areas as those required from them by the government, and
thereby rehabilitate themselves as early as possible.
The implementing rules and regulations (IRR) to be prepared under Section 13 hereof shall include,
among other things, the terms of reference which shall be used by the government financial institutions
and independent property appraisers in the determination of the market value of the land. The terms of
reference shall define in detail the standards stated herein.
SECTION 8. Ecological and Environmental Concerns. – In cases involving the acquisition of right-
of-way site or location for any national government infrastructure project, the implementing agency shall
take into account the ecological and environmental impact of the project. Before any national
government project could be undertaken, the implementing agency shall consider environmental laws,
land-use ordinances, and all pertinent provisions of Republic Act No. 7160.
SECTION 9. Relocation of Informal Settlers. – The government, through the Housing and Urban
Development Coordinating Council (HUDGC) and the National Housing Authority (NHA), in
coordination with the LGUs and implementing agencies concerned, shall establish and develop
resettlement sites for informal settlers, including the provision of adequate basic services and
community facilities, in anticipation of informal settlers that have to be removed from the right-of-way
site or location of future infrastructure projects, pursuant to the provisions of Republic Act No. 7279,
otherwise known as the “Urban Development and Housing Act of 1992”. Whenever applicable, the
concerned LGUs shall provide and administer the resettlement sites.
In case the expropriated land is occupied by informal settlers who refuse or are unable to demolish
their structures and other improvements therein despite the writ of possession issued by the court under
Section 6 hereof, the court shall issue the necessary writ of demolition for the purpose of dismantling
any and all structures found within the subject property. The implementing agency shall take into
account and observe diligently the procedure provided for in Sections 28 and 29 of Republic Act No.
7279.
SECTION 10. Appropriations for Acquisition of Right-Of-Way Site or Location for National
Government Infrastructure Projects in Advance of Project Implementation. – The government
shall provide adequate appropriations that will allow the concerned implementing agencies to acquire
the required right-of-way site or location for national government infrastructure projects in advance of
project implementation. These appropriations shall cover the funds needed to cover the following
expenses for activities directly related to right-of-way acquisition for the projects as provided in this Act:
(a) Cost of parcellary surveys and appraisal of properties affected by the projects;
(b) Compensation for the project-affected land, structures, improvements, crops and trees;
(c) Cost of development and implementation of resettlement projects covered by this Act, including
planning, social preparation, and other activities under the resettlement action plan; and
(d) Related expenses of the implementing agency, including capital gains tax in the case of negotiated
sale under Section 5 hereof documentary stamp tax, transfer tax and registration fees for the transfer
of titles, and other relevant administrative expenses for right-of-way management.
In public-private-partnership (PPP) projects, the modalities of which are defined in Republic Act No.
6957 as amended by Republic Act No. 7718, the implementing agency may, as part of the contract
terms and conditions, require the project proponent to:
(1) Advance the funds covering the cost of the right-of-way which shall be reimbursed later by the
implementing agency, except for unsolicited proposals; or
(2) Finance the right-of-way cost which shah be recovered partly or fully by the proponent from the tolls,
fees, or tariffs to be charged to the users of the completed project.
SECTION 11. Regulation of Developments Within Declared Right-of-Way. – Upon the approval of
an infrastructure project by the head of the implementing agency concerned, with funding authorized in
33
the General Appropriations Act and with defined right-of-way, no national government agency or LGU
shall, within two (2) years from date of notice of taking, allow any development or construction, or issue
any building, construction, development, or business permit, which is contrary to the approved plans
and purposes of the project, within the right-of-way, unless explicitly authorized by the head of the
implementing agency for justifiable reasons.
SECTION 12. Sanctions. – Violation of any provision of this Act shall subject the government official
or employee concerned to appropriate administrative, civil, or criminal sanctions, including suspension
or dismissal from the government service and forfeiture of benefits in accordance with the provisions
of the law.
SECTION 13. Implementing Rules and Regulations (IRR). – A committee shall prepare, in
consultation with key stakeholders, the IKE.1âwphi1 for the proper implementation of this Act within
sixty (60) days from its approval.
The committee shall be composed of the following officials or their duly designated representatives:
(a) The Secretary of the Department of Public Works and Highways as Chairperson;
(b) The Secretary of the Department of Transportation and Communications as member;
(c) The Secretary of the Department of Energy as member;
(d) The Secretary of the Department of Justice as member;
(e) The Secretary of the Department of Budget and Management as member;
(f) The Director General of the National Economic and Development Authority as member;
(g) The Chairperson of the HUDCC as member; and
(h) Other representatives of concerned entities as determined by the committee as members.
SECTION 14. Transitory Clause. – The provisions of this Act shall apply to all right-of-way
transactions, except ongoing transactions which, as of the effectivity of this Act, have been concluded
satisfactorily by the parties concerned and who have signed a written agreement as to the price to be
paid to the property owner.
SECTION 15. Separability Clause. – If any provision of this Act is declared unconstitutional or invalid,
other parts or provisions hereof not affected thereby shall continue to be in full force and effect.
SECTION 16. Repealing Clause. – Republic Act No. 8974 is hereby repealed and all other laws,
decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed
or amended accordingly.
SECTION 17. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.
LECTURE 4/14/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)
RUBY SHELTER AND REALTY DEV CORP VS. FORMARAN III G.R. 17594
Computation of docket fees in annulment for deed of sale. It is not the title but the body that prevails.
A real action is one affecting title to property.
BPI VS. HONTANOSAS
Computation of docket fees. Declaration of nullity of contract of loan with mortgage. Personal action.
Then court explained what a real action is --- affecting title, condemnation, partition, foreclosure
BARRIDO VS. NONATO
Partition of property that was acquired during a void marriage. WON MTC had juris over the case
where AV is 8,000.
BPI VS. SPS YUHICO G.R. 175796
Issue is the venue of the recovery of deficiency after extrajudicial foreclosure proceedings.
Senga: Sa mga cases na ito, hindi issue ang expropriation. Apparently, that provisions is based on the
1964 ROC. Condemnation is a real action. In the present ROC, there is no express provision that
condemnation is a real action. A point is, in this cases, hindi issue ang expropriation. So, OBITER
DICTUM lang sila.
INVERSE CONDEMNATION PROCEEDING
Happens when the government did not file a complaint for expropriation. Aggrieved party will file a case
to recover just compensation. May estoppel dito kasi did not assert right at the earliest opportunity.
Hindi na kasi matatanggal yung mga nabuild na.
This is a REAL ACTION. Second phase yung simula. Why real action? Tungkol sa bayad or interest
sa real property. Kapag nagsimula ka sa 2nd phase, hindi na incapable of pecuniary estimation.
If the government enters into the property, ejectment and injunction are not proper remedies.
34
First phase
- Public property may be subject of expropriation if used for the benefits of a private individual.
If used na for a public purposes, expropriation.
- Real prop may be subject to an easement of Right of Way.
- State cannot eject the owner of the property. Must file expropriation case.
- Persons: 1. May be the Owner; 2. Any person with Legal interest.
- If squatter only, no legal interest. No real right to possess.
- Failure to implead defendant, will not result in immediate dismissal of the case. Remedy:
implead them.
Defenses
- It is possible that defendants will not object to the taking. Can object in the amount of just
compensation
- No MTD in expropriation. Raise them as affirmative defenses.
- Default can only affect the first phase. Proceed the case ex parte.
- In second phase, wala ng default. Mandatory for respondent to attend. Due process.
- Expropriating property can immediately possess provided they DEPOSIT with the authorized
govt depositary. – assessed value
- Once there is compliance with the deposit, ministerial duty of the court to issue writ of
possession.
Order of expropriation
- Hearing - It will be dismissed if the expropriation is not for public use. Effect: restore
possession of land to owner
- Final order - Appealable. Not by Rule 65. Record on appeal dapat.
Is there an exception where you can go directly to SC?
Yes, Rule 45 pure question of law
Is the amount determined by the Commissioners mandatory?
No, recommendatory lang yung amount of Just Compensation. Court will determine JC.
Can you object to the appointment of commissioners?
Yes.
Are Commissioners authorized to administer oaths?
Yes.
Is it absolute that appointment of commissioners is mandatory?
No, may exception – inverse condemnation. By doing that, the Govt violated procedural requirements.
By doing so, they waived their right to the same. Hence, appointment is not mandatory. Likewise, the
parties can agree to the appointment of commissioner.
Consequential damages
Example, yung lupa ay 100 sqm. 20sqm lang kukunin ng State. So may balance ka pa na 80sqm.
Maaring may consequential dmgs dun sa remaining 80sqm. But in no case will CB exceed CD.
Is it unjust enrichment kung may consequential damages?
Hindi.
Is Capital gains tax part of consequential damages?
No. Transfer of property is a sale within the meaning of Tax Code. Seller which is the defendant is liable
to shoulder the tax because CGT is a passive income.
Commissioners will report in the court. But not binding in the court. Unanimity is not required.
Hearing. Court can render judgment based on the report or recommit it to the commissioners or appoint
new set. Court can disregard findings of commissioners used illegal or wrong principles. (Rule 8, Sec.
67)
Classification of land is one of the standards in determining the value.
What is just compensation?
The fair and full equivalent of the loss / property taken from its owner by the expropriation. Measure:
owner’s loss. Payment must be made in the proper time.
When do we reckon the time of JC?
At the time of TAKING. (Republic vs. Vda de Castelvi) Expropriator must enter the property, more than
a momentary period, with color of authority, for public use, in such a manner that it will oust the owner
and deprive him of beneficial enjoyment of property. Provided, that the taking took place before the
filing of expropriation case. Pero kapag nauna yung filing kesa taking, reckoning point: time of filing.
Basta kung ano yung mauna.
Exception to the rule?
When property owner initiated inverse condemnation proceeding. Reckoned from the time of filing
As a rule, JC is equivalent to the market value. Modified if only a part of the property is expropriated.
Factor: consequential damages
Pwede ba land to land? Barter?
Yes, under the Urban Development and Housing Act of 1992 (RA 7279).
35
 Must be approved and have funding under the GAA
Can a LGU expropriate? (CA no. 141, Sections 109-114)
Yes, valid delegated expropriating authority. Any disbursement that the government makes, dapat may
expropriation. Same in LGU, there must be a valid ordinance. LAND GRANTED BY FREE PATENTS
Has a condition on the title: an easement and a servitude
STAR WATCHMAN VS. PUERTO PRINCESA G.R. 181792
Bawal na mandamus. Pwede lang kapag no more plain, adequate, speedy remedy. You should go to Right of way strip must not exceeding 60m in width.
COA. When LGU fails to effect payment without justifiable reason. Money judgment with COA. COA
has authority to settle all debts and claims against LGU. If the government decided to exercise its right of way strip which is actually reserved for public
use, the owner is required to make a quitclaim. No need to pay for acquisition cost because it is
Can there be an interest in payment of just compensation? reserved for the government. But there is payment for damages for improvements within the land
Yes. Undue delay warrants the award of legal interest. JC is payment within reasonable time from equivalent to replacement cost.
taking.
DEED OF DONATION
Can there be exemplary damages? 1) It must be simple; and
They can only be claims when the government misused their power such as in inverse condemnation 2) It must be unconditional.
proceedings. Wanton, irresponsible
Donor must have reserve a portion for his sustenance. Not in fraud of creditors.
Uncertain ownership will not prevent an expropriation case. Tuloy ang kaso. In the second phase, the
court can provisionally determine who is entitled to just compensation. Likened to an action for Who will pay the DST?
ejectment. Court can provisionally discuss the issue of ownership
OLD OR ABANDONED GOVERNMENT ROAD; EXCHANGE OF PROPERTY
Judgment Exchange must be for value (equivalent in price). If you have land subject for national infrastructure,
When can property owner reacquire the property? access to highway must not be obstructed. Pay CGT.
Kapag wala pa lang public use yung property. Abandoned na yung rule na pwede marecover pag di
nagbayad. Easement of Right of Way
By agreement; voluntary easement. Landowner is granting implementing agency the right to use a
Pag di nagbayad? portion of the lot. Pay based on the BIR valuation and consequential damages
Ienforce ang payment sa court. If LGU, enforce payment sa COA
Acquisition of subsurface right.
RIGHT OF WAY (R.A. 10752) Read the law in full text and the IRR Allow entry. More than 50m from the surface. Need magnegotiated sale. Iooffer nila to acquire yung
It is an expropriation involves govt environmental structure affected portion of the property
- Increased scope including those undertaken by GOCCs; installation of equipment, materials (Read
IRR. Section 3, IRR of 101752) !! NEGOTIATED SALE !! Maraming amendemnts sa 10752.

The LGU, in its acquisition, can also adopt the provisions of R.A. 10752 Compensation price:
1. Current market value of the land;
- Donation, Negotiated Sales, Expripriation, Exchange or Barter 2. Replacement cost of structure and improvements on the land;
- CA No. 141 3. CMV if crops and trees found on the property.

IPS - RESETTLEMENT PLAN Replacement cost: based on the current market price of the materials
36
 3. Current market value of crops as determined by appraisaer
Implementing agency can ask assistance of DPWH to compute the replacement cost. (Section 6.6 IRR)
After compliance, writ may be issued. Start implementation of project. Pwede yung issuance of writ of
There can still be payment of replacement cost in favor of owner of the structure, even if not possession ex parte
owner of the land. 1. PH citizen; 2. No a professional squatter; 3. No occupying govt ROW; 4. (shocks
ang bilis talaga lol) Purpose of deposit?
Pre-payment of the property is fully expropriated
Professional squatter
Those given socialized housing but sold it; squatted again Just compensation under RA 10752
Section 6
Squatting syndicates
Groups engaged in the business of squatter housing for profit or gain Taxes?
Same procedure in Rule 66 phases 1 and 2.
Independent appraisers
recognized by BSP or govt financial insitutions to determine appropriate price If there are informal settlers?
Relocate them.
To facilitate determination of MV of property, factors: (Sec 7, Sec 12 RA 10752)
RULE 68
Once nagoffer for negotiated sale, landowner has 30 days to decide whether to reject or accept. FORECLOSURE OF REAL ESTATE MORTGAGE
Inaction – deemed denial. Thereafter, commence expropriation. What is a mortgage?
Debtor secures to the creditor the fulfillment of a principal obligation, specially subjecting to such
Kung merong structure na kasama, pwede kasama sa order na idedemolish. security his property.
Hindi agad agad ang bayaran ng purchase price ng negotiated sale, pwedeng 50%. (Sec 5(f), R.A. Accessory?
10752) Yes.
When to pay the balance? Court which has jurisdiction over foreclosure of REM?
(Sec 5(g) of RA 10752, Sec 6.10 IRR). If property owner both the land and structure, magkaiba ang MTC - action involving title to or possession of real property or any interest, assessed value not
payment of balance. Basahin niyo na lang. exceeding 20,000 or 50,000 in MM.
Who pays transfer tax? RTC - assessed value exceeding 20,000 or 50,000 in MM
The implementing agency will pay CGT to BIR
If Judicial?
Expropriation case – same. Right of Way Act does not meddle with court’s judicial determination Rule 68
of just compensation. Guidelines only. Kahit di mo alam mangyayari, tuloy pa rin ang kaso.
If extrajudicial?
Under Rule 67, you can immediately enter into possession by paying 100% of the value. Act No. 3135
Now: Implementating agency must pay:
Does Rule 68 cover chattel mortgage?
1. 100% of the current zonal valuation No, Rule 68 applies only to Judicial Foreclosure of Real Estate Mortgage.
2. Replacement cost at current market value
37
Who are the parties in judicial foreclosure?
Mortgagor and Mortgagee.
What if they have not paid taxes?
What if property is expropriated?
Wait for the termination of the expropriation proceedings?
Period of right of redemption?
One year from the date of registration of the certificate of sale. When the mortgagor is a bank or a
juridical person, it shall have the right to redeem the property until, but not after, the registration of the
certificate of foreclosure sale wit the Register of Deeds which in no case shall be more than 3 months
after foreclosure, whichever is earlier. (R.A No. 8791)
Mode of appeal?
Notice of appeal.
Can junior mortgagees exercise equity of redemption?
A second or junior mortgagee acquires only the equity of redemption vested in the mortgagor, and his
rights are strictly subordinate to the superior lien of the first mortgagee. Thus, a junior mortgagee has
to wait until after the debtor’s obligation to the first mortgagee has been fully settled.
Can junior encumbrancers exercise a right of redemption in an extra judicial foreclosure?
In all cases in which an extrajudicial sale is made, any person having a lien on the property subsequent to
the mortgage may redeem at any time within the term of one year from and after the date of sale. After the
foreclosure sale, there remains in the second mortgagee a mere right of redemption and only this right
passes to him by virtue of the second mortgage.
What if there is a deficient amount in extrajudicial sale?
There can be no deficiency judgment because there is no judicial proceeding, but recovery of deficiency
is allowed.
If judicial?
There could be a deficiency judgment rendered by the court in the same proceeding.
Splitting of cause of action?
A creditor cannot file a civil action against the debtor for the collection of the debt and subsequently file
an action to foreclose the mortgage. This is splitting of a cause of action. (Sec. 6)
Is there a need to have SPA issued by the mortgagor?
YES, if extrajudicial. If judicial, NO.
Extrajudicial foreclosure is the mode to be used if there is a special power inserted in or attached to the
real estate mortgage allowing an extrajudicial foreclosure. If there is no such special power, the
foreclosure shall be done judicially following the procedure set forth in Rule 68.
Rule 68, no right of redemption but equity of redemption?
YES. In judicial foreclosure, there is no right of redemption, only equity of redemption.
Exception: those granted by banks or banking institutions. If a mortgagee is a bank, the mortgagor
may exercise a right of redemption even if the foreclosure is judicial in accordance with Rule 68.
Difference between right of redemption and equity of redemption
Equity of Redemption is the right of the mortgagor in case of judicial foreclosure to redeem the
mortgaged property after his default but before the confirmation of the sale of the mortgaged property.
Right of Redemption is a right granted to a mortgagor in case of extrajudicial foreclosure to redeem the
property even after confirmation of sale and the registration of the certificate of sale. This right exists
only in extrajudicial foreclosure.
If banks, do they have a longer or shorter period or different rule?
Different rule. If the mortgagee is a bank, the mortgagor may exercise a right of redemption even if the
foreclosure is judicially made pursuant to Rule 68.
If you pay within that period, what is the effect?
No sale will take place.
Pactum commissorium
A stipulation empowering the creditor to appropriate the thing given as guaranty for the fulfillment of
the obligation in the event the obligor fails to live up to his undertaking, without further formality such
as foreclosure proceedings and a public sale.
Prior to the lapse of period, can mortgagee enter the property?
No, because during the period of redemption the mortgagor is still the owner of the foreclosed property.
He remains entitled to the physical possession thereof.
However, the mortgagee may petition the court of the province or place where the property or any part
thereof is situated, to give him possession thereof during the redemption period, furnishing bond in an
amount equivalent to the use of the property for a period of twelve months, to indemnify the debtor in
case it be shown that the sale was made without violating the mortgage or without complying with the
requirements of this Act. (Act No. 3135, Sec. 7)
38
What if there is an excess to the proceeds of the sale?
When there shall be any balance, after paying off the mortgage debt due, the same shall be paid to Junior encumbrancer?
junior encumbrancers. If there shall be any further balance after paying the junior encumbrancers or if Those who have liens over the same property after it has already been initially mortgaged.
there be no junior encumbrancers, it shall be paid to the mortgagor or any person entitled thereto.
Equity in redemption v. Legal redemption
Can you bring both foreclosure and collection of money? Equity in redemption - the period (90 to 120 days from entry of judgment of foreclosure or even after
No. They are considered as alternative remedies. An election of the first bars recourse to the second. foreclosure but before judicial confirmation of the sale) in the judgment of the court within which the
mortgagor may start exercising his “equity of redemption” which is the right to extinguish the mortgage
Do you waive remedy? and retain ownership of the property by paying the debt. Available in judicial foreclosure.
Yes. It is deemed a waiver.
Legal redemption - the right of redemption provided by law which is within 1 year from the registration
Collection: In case sheriff collects, debtor say “Puta ka wala akong pera”; sheriff attached a of sale in Registry of Deeds. Available in extra-judicial foreclosure.
parcel of land. Can sheriff do that?
No. Determination of loan, can be appealed?
If final order? Not sure
3 stages in judicial foreclosure
A. Foreclosure Can equity of redemption lampas 120 days?
B. Sale and confirmation Yes. As long as before judicial confirmation of sale.
C. Registration of the sale
What would you implead necessary?
Are there three judgements since there are three stages? Necessary parties include parties who acquired easements, liens, or leases after the mortgage being
foreclosed was executed.
1st stage, when does this start and end?
Starts from the filing of the complaint and ends with the entry of judgment of the foreclosure. Rule 68 applies to equitable mortgage?
Yes. Provided the subject mortgage is real property or rights thereto.
Who are parties to the action?
Petitioner/Complainant Defendants What is second stage?
Mortgagee 1. Persons obliged to pay mortgage debt Public sale of mortgaged property.
2. Persons who own, occupy or control the
mortgaged premises Do we apply execution sale under R39?
3. Transferee or grantee Yes. The manner of sale shall follow the rules governing execution sales under Rule 39 insofar as they
4. Second mortgagee or junior encumbrancers are not inconsistent with Rule 68. (Sec. 8)
5. Mortgagor even if not owner of the
mortgaged property If the whole debt is not yet due?
If the debt is not all due, as soon as sufficient portion of the property has been sold to pay the amount
due and the costs, the sale shall terminate. Afterwards, the court, on motion may order more to be sold.
If the mortgagor is different from debtor, who is indispensable?
Mortgagor Do you need to give notice of sale?
No. Mortgagor does not have the right to a notice of sale after failure to pay debt because:
Accommodation mortgagor? A. Said notice is not litigable
He is the mortgagor who is not the debtor. B. Issuance is ministerial
39
But notice of hearing of the confirmation of the sale is REQUIRED.
No legal redemption in judicial sale? Exception?
What if the sale did not push through? Gen. Rule: No legal redemption in judicial sale.
There is a need for republication and reposting of notice. (Metrobank v. Nikko Sources Int’l Corp.)
Exception: If the foreclosure if in favor of banks as mortgagees, there is legal redemption whether
Wrong details? judicial or extra-judicial foreclosure.
Not a valid notice.
Can the mortgagee be the highest bidder? What will happen?
Third person “akin yan” Yes. A certificate of sale shall be issued to the highest bidder after all required fees are paid.
Terceria
If there is deficiency in execution?
Terceria, what will you do? (S16, R39) If upon the sale of any real property as provided in the next preceding section there be a balance due
The mortgagee will file a bond to indemnify the third party in a sum not less than the value of the to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment
property. against the defendant for any such balance for which, by the record of the case, he may be personally
liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time
Can there be private sale? of the rendition of the judgment; otherwise; the plaintiff shall be entitled to execution at such time as
No. The manner of sale and the provisions governing will be that of Rule 39 and other regulations the balance remaining becomes due under the terms of the original contract, which time shall be stated
governing sales of real estate under execution. in the judgment (Section 6).

3rd highest bidder kasi pangit si highest bidder? Who will be liable for the deficiency?
Not allowed. The defendant

Highest bidder did not pay?
Another auction will be made and the property will be sold to a new highest bidder.
How do we apply proceeds of the sale?
Proceeds after deducting costs of sale shall be paid to the person foreclosing the mortgage. Any
balance or residue after paying off the mortgage debt due, the same shall be paid to junior
encumbrancers in the order of their priority. If no junior encumbrancers, to the mortgagor or any person
entitled thereto.
Who will own the fruits of mortgagor’s property?
Mortgagee may take actual possession of the foreclosed property/ies during the redemption period for
the purpose of receiving the fruits/income thereof and/or administering the foreclose property/ies at its
option without any obligation to post a bond. If not, it is the mortgagors, subject to conditions
LECTURE 4/15/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)

To junior encumbrancers, who, when? FORECLOSURE OF REM

In the order of their priority. - Immovable lang
- Extrajudicial or judicial
Mortgagee refuses to return?
The failure of the mortgagee to deliver the surplus proceeds does not affect the validity of the How can you recover deficiency in extrajudicial?
foreclosure sale. It gives rise to a cause of action for the mortgagee to file an action to collect the surplus File a separate case.
proceeds. (MBTC v. Lamb Construction Consortium Corp.)
Ex. May utang – na may mortgage. 1M sold at 800k. Balance of 200k. Bring a separate action in court.
How title be transferred? Extrajudicial kasi. Kapag judicial, dun mag-apply yung res judicata at splitting. Kapag collection suit
Upon finality of the confirmation of sale. 1M, 1M. Cannot simultaneously file judicial foreclosure of mortgage
40
 RULE 69
Difference in process? PARTITION
In extrajudicial foreclosure of REM dapat may special authority or SPA. Pag wala, magjudicial What is a partition?
foreclosure ka. Partition, in general, is the separation, division and assignment of a thing held in common among those
to whom it may belong (Art. 1079, NCC).
Which court has jurisdiction?
Real action – BP 129. Look at the assessed value. Which courts has jurisdiction?
MTC or RTC, depending on the assessed value. (Barrido v. Nonato) (Dean Jara’s view)
Allows multiple appeals for the end of every stage.
Pero according to Atty. Senga, incapable of pecuniary estimation daw ang partition so sa RTC ang
FIRST, SECOND, AND THIRD STAGE jurisdiction. May mahabang discussion siya kung bakit. MAKINIG
FIRST STAGE Nature of action for partition?
- Dapat naka-allege sa complaint na may REM. It doesn’t follow that the debtor is the mortgagor. Quasi in rem. Such action is essentially for the purpose of affecting the defendant’s interest in a specific
Accommodation mortgagor- indispensable party. Should also be impleaded. property and not to render judgment against him.
- If the court finds that there is a REM…
- Equity of redemption - not less than 90 not more than 120 days. Pwede lampas 120 days So Can you stay in a co-ownership forever?
long as before order of confirmation of sale. Counting: from entry of judgment in the first stage No. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any
- To discharge, pay the entire principal loan with interest, reasonable AF time the partition of the thing owned in common, insofar as his share is concerned (Art. 494, NCC).
- If not paid, sold at a public auction to satisfy the judgment
Agreement to keep property unliquidated for 10 years, valid?
Is it indispensable to implead the junior encumbrancers and other creditors? Yes. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding
Other mortagees are not indispensable. They are only necessary parties. Implead them para maging 10 years, shall be valid. This term may be extended by a new agreement (Art. 494, NCC).
binding ang judgment sa kanila.
ACP can you partition? Exception? CPG?
First mortgagee must implead subsequent mortgages so the former’s right will be protected. Otherwise, ACP: Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal
judgment will not divest them of their right to equity redemption. Meaning period of 90-120 days will not dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of
run against them. the common children choose to remain. Children below the age of seven years are deemed to have
chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court
SECOND STAGE shall decide, taking into consideration the best interests of said children (Art. 102 (6), Family Code).
- If the debt is paid, no more second stage
- Same rule with sale of execution CPG: In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall,
- No right of redemption in Rule 69. Equity of redemption only. Walang legal redemption. unless otherwise agreed upon by the parties, be adjudicated to the spouse with whom the majority of
Exception: If the law allows for a legal redemption. Usually in banks that have charters or other the common children choose to remain. Children below the age of seven years are deemed to have
banking institutions. Mortgagor is the bank. chosen the mother, unless the court has decided otherwise. In case there is no such majority, the court
- Kapag may epal, terceria shall decide, taking into consideration the best interests of said children (Art. 129 (9), Family Code).
- Refusal to pay bid price—bid ulit
Can there be a prescription in partition?
THIRD STAGE No. Partition can be made anytime and the right to demand partition is imprescriptible (Baustista v.
Nabenta na. 1M. 800k na yield. Deficit of 200k. Do not file separate case. File a motion for deficiency Grino-Aquino).
judgment. Exception: Namatay yung kalaban. File claim in the settlement of estate.
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Requisites to acquire property by prescription
Prescription, in general, is a mode of acquiring (or losing) ownership and other real rights through the
lapse of time in the manner and under conditions laid down by law, namely, that the possession should
be in the concept of an owner, public, peaceful, uninterrupted and adverse. Acquisitive prescription is
either ordinary or extraordinary. Ordinary acquisitive prescription requires possession in good faith and
with just title for 10 years. Without good faith and just title, acquisitive prescription can only be
extraordinary in character which requires uninterrupted adverse possession for 30 years. (Heirs of
Maningding v. CA).
8. Partial partition
Stages in partition There are two stages in partition:
1. ORDER OF PARTITION - includes the determination of whether or not coownership exists and if
partition if proper
2. DISTRIBUTION AND ACCOUNTING - includes the accounting and actual partition of the property.
After the first stage, what will happen?
The second stage commences when the parties are unable to agree upon the partition ordered by the
court. In that event, partition shall be effected for the parties by the court with the assistance of not
more than three (3) commissioners. This second phase may also deal with the rendition of the
accounting itself and its approval by the Court after the parties have been accorded the opportunity to
be heard thereon, and an award for the recovery by the party or parties thereto entitled of their just
shares in the rents and profits of the real estate in question. Such an order is, to be sure, also final and
appealable (De Mesa v. CA).
Final order, can it be appealed?
Yes. A final order decreeing partition may be appealed by any party aggrieved thereby. (Sec. 2)
Mode of Appeal: Record on appeal.
Can you appeal judgment on compromise?
No.
Who should be the parties?
All co-owners are indispensable parties in an action for partition.
Note: Creditors or assignees of co-owners may intervene and object to a partition effected without their
concurrence. But they cannot impugn a partition already executed unless: (1) there has been fraud; (2)
In case it was made notwithstanding a formal opposition presented to prevent it.
What if other co-owners like to partition, while the others do not want to partition?
No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time
the partition of the thing owned in common, insofar as his share is concerned.
Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten
years, shall be valid. This term may be extended by a new agreement.
A donor or testator may prohibit partition for a period which shall not exceed twenty years.
Neither shall there be any partition when it is prohibited by law.
No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long
as he expressly or impliedly recognizes the co-ownership (Article 494, NCC).
Failure to implead, will it result in dismissal?
If there is failure to implead co-owners, who are indispensable parties to a partition, the court may
dismiss the action without prejudice.
Other possessors (not co-owners) will it invalidate judgment?
No. Possessors not indispensable parties. [Not sure]
Parties cannot agree with project of partition. What should happen?
When it appears that "the parties are unable to agree upon the partition" directed by the court. In that
event, partition shall be done for the parties by the court with the assistance of not more than three (3)
commissioners (Heirs of Marasigan v. Marasigan).
Quasi-in-rem, we do not need jurisdiction over the persons?
In a proceeding in rem or quasi in rem, jurisdiction over the person of the defendant is not a
prerequisite to confer jurisdiction on the court, provided that the latter has jurisdiction over the res
(Alba v. CA).
Should the court approve the commissioner’s report?
It depends. It may accept, recommit, set aside or accept in part and reject in part.
Upon the expiration of the period of ten (10) days referred to in the preceding section or even before
the expiration of such period but after the interested parties have filed their objections to the report or
their statement of agreement therewith the court may, upon hearing, accept the report and render
judgment in accordance therewith, or, for cause shown recommit the same to the commissioners for
further report of facts; or set aside the report and appoint new commissioners; or accept the report in
part and reject it in part; and may make such order and render such judgment as shall effectuate a fair
42
and just partition of the real estate, or of its value, if assigned or sold as above provided, between the
several owners thereof (Sec. 7).
Court did not approve, then parties enforced based on report, valid?
No proceeding had before or conducted by the commissioners shall pass the title to the property or
bind the parties until the court shall have accepted the report of the commissioners and rendered
judgment thereon (Sec. 6).
Extra-judicial partition?
A partition wherein no court intervention is required as when the co-owners agree among themselves
to voluntarily partition the property. This is recognized under Sec. 12 wherein it provides that nothing in
the rules shall “restrict or prevent persons holding real estate jointly or in common from making an
amicable partition thereof by agreement and suitable instruments of conveyance without recourse to
action.”
When the co-owners cannot agree on the partition, resort to judicial action becomes proper. However,
they may still make an amicable partition among themselves even after the order for partition. Sec. 2
provides that “xx thereupon the parties may, if they are able to agree, make the partition among
themselves by the proper instruments of conveyance, and the court shall confirm the partition so agreed
upon by all the parties xx”
How many commissioners?
If the parties are unable to agree upon the partition, the court shall appoint not more than 3 competent
and disinterested persons as commissioners to make the partition. (Sec. 3)
What will happen to the fruits of the property?
A party shall recover from another his just share of rents and profits received by such other party from
the real estate in question, and the judgment shall include and allowance for such rents and profits.
(Sec. 8)
What if co-owned, do we file an action for partition? Effect?
Yes. A complaint for partition is predicated on the theory that the plaintiff and the defendants are co-
owners of the property subject of litigation.
If actual partition of the property is made, the effect of the judgment is to vest in each party to the action
in severalty the portion of the real estate assigned to him. (Sec. 11)
What is the effect of the dissolution of Absolute Community Property?
Upon the dissolution of the absolute community regime, the net remainder of the properties of the
absolute community shall constitute its net assets, which shall be divided equally between husband
and wife, unless a different proportion or division was agreed upon in the marriage settlements, or
unless there has been a voluntary waiver of such share provided in this Code. (Art. 102, FC)
Can there also be an extrajudicial agreement to dissolve the properties?
No. In the absence of an express declaration in the marriage settlements, the separation of property
between spouses during the marriage shall not take place except by judicial order.
Such judicial separation of property may either be voluntary or for sufficient cause. (Art. 134, FC)
What if the children want to divide family estate? Is the family home included?
No. The family home shall continue despite the death of one or both spouses or of the unmarried head
of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot
partition the same unless the court finds compelling reasons therefor. This rule shall apply regardless
of whoever owns the property or constituted the family home. (Article 159, Family Code)
If some co-owners want to partition the property, can the others object?
No. When a co-owner decides to leave, it is a right given to him by substantive law. Nobody can stop
him from leaving the co-ownership.
Exceptions:
Under Article 494 of the Civil Code
1. “An agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall
be valid. This term may be extended by a new agreement.”
2. “A donor or testator may prohibit partition for a period which shall not exceed twenty years.”
3. “Neither shall there be any partition when it is prohibited by law.”
Donation of a property, cannot be partitioned forever?
No. The prohibition of partition shall not exceed 20 years. (Article 494, Civil Code)
LECTURE 4/15/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)
Hindi mo pwede ipartition kapag iisa ka lang!!
In R69, pwede ipartition both movable and immovable
GR: all can ask for partition. Ascertain specfic share of a co-owner so that allocation of portions will not
remain in limbo
Exceptions: 1. Article 484, 495, 498, 1083 NCC
- Agreement not to keep it undivided for 10 years
43
- Donor prohibitions – not to exceed 20 years
- Partition is prohibited by law
- Renders the thing Unserviceable – allocate to one of co-owners, who will pay the proceeds to others.
Kung wala, tsaka ibenta sa 3rd person
- 1083- Prohibition by testator. Even though prohibited by testator, co-ownership is dissolved…
Partition prohibited by law?
Example in Art 159. Family home. Cannot partition as long as there is a minor beneficiary that (1) falls
within relation in Art. 154; (2) Lives in the Family Home; (3) Dependent for legal support in the head of
the family
Apo receives legal support from own parents nya na hindi pa patay.
As long as there is a minor beneficiary kahit expired na 10 years, continue family home
Partition based on successional rights.
Partition may be judicial or extrajudicial
Example, si Chavez and Magbojos ayaw kay Cases. Gumawa ng extrajudicial parttion. Not valid kasi
di impleaded si Cases. Exception: hinati sa tatlo. Gumawa na ng bahay si Cases. Estopped kahit di
siya impleaded or a party to the instrument.
Can a co-owner acquire ownership?
No, unles there is a clear repudiation. Apply 10 years or 30 years, as the case may be.
Pwede rin na parang implied trust. On paper co-owner, pero implied trust lang tlga. C’est toi que trust.
ACP, CPG. Family Code.Art 99. Paano magkakarooon ng dissolution?
Found in 99, 126, 134, 138
- Pwede magkaroon ng PARTIAL PARTITION. But used sparingly.
- Venue: where the property is located
TWO PHASES: 1. DECLARATION OF COOWNERSHIP 2. SEGREGATION AND CONVEYANCE
First phase
- Co-owner ba talaga tong mga parties? Kapag ayaw sumali, implead as defendants.
- Dismissal, if refused court’s order to implead
- Since it is quasi in rem, only binding between the parties
- File a complaint, determine if co-ownership exists
- If prohibited by law…
- Mutual accounting
- Order of partition is a final determination. Appealable.
Lucero v Banaga: Partition decreed. Final and executory. Hindi totoong co-owners, by name lang. Not
a valid judgment.
After order of partition, parties can enter into an agreement between themselves. Court will approve
actual partition. Dapat lahat pipirma sa project of partition.
If parties do not agree, court will refer the matter to commissioners. Not more than 3 competent,
disinterested persons
Dapat lahat magbenefit. Kapag yung isa bato bato lang ang nakuha, report to the court. Remedy:
assign to one party willing to take, then give proceeds. Kapag may nagoobject pa rin, sell to the 3rd
person
Commissioner’s report should be approved by the court.
Once the court renders judgment, it will be recorded in the RD. Annotation in the title. Annotation does
not affect the validity of the proceedings. Why? Registration does not vest title.
RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER
What is unlawful detainer?
A summary proceeding for the recovery of possession filed by a lessor, vendor, vendee, or other person
(including their legal representatives or assigns) against whom the possession of any land or building
is unlawfully withheld after the expiration or termination of the right to hold possession by virtue of any
contract, express or implied.
Such action should be filed within 1 year counted from the date of the last demand to pay or vacate
instead of non-payment of rent or non-compliance with the conditions of the lease.
What is forcible entry?
A summary proceeding for the recovery of possession filed by a person who was deprived of the
possession of any land or building by force, intimidation, threat, strategy, or stealth.
Such action should be filed within 1 year counted from the date of the entry or taking of possession by
the use of any of the abovementioned means.
Unlawful detainer vs. forcible entry
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 FORCIBLE ENTRY (Detentacion) UNLAWFUL DETAINER (Desahucio)
As to Nature of Possession
Possession of the land by the defendant is Possession is inceptively lawful but it becomes
unlawful from the beginning as he acquires illegal by reason of the termination of his right to
possession by force, intimidation, threat, strategy the possession of the property under his contract
or stealth (Mangaser v. Ugay, 2014). with the plaintiff (Santos v. Ayon, G.R. 2005). The
contract may be express or implied (Spouses
Malison v. CA 2007).
As to Necessity of Demand
No previous demand for the defendant to vacate Demand is jurisdictional if the ground is non-
the premises is necessary (Dela Cruz v. CA, payment of rentals or failure to comply with lease
2006). contract (Lanuzo v. Muñoz, 2004).
As Prior Physical Possession
Plaintiff must prove that he was in prior physical The plaintiff need not have been in prior physical
possession of the premises until he was deprived possession (Go v. Looyuko, 2013).
thereof by the defendant (Mangaser v. Ugay
2014).
As to Prescriptive Period
The one (1) year period is generally counted from Period is counted from:
the date of actual entry on the land. 1. The date of last demand to pay and vacate, or
vacate if their possession is by mere tolerance
(Sarona v. Villegas, 1968) or
2. The last letter of demand (DBP v. Canonoy,
1970).
Accion Publiciana vs. Ejectment (Forcible Entry/Unlawful Detainer)
Accion Publiciana is a plenary action for the recovery of real right of possession when the dispossession
has lasted for more than 1 year. As to which court has jurisdiction, it will depend on the value of the
property:
• RTC if property exceeds P20,000 outside Metro Manila / exceeds P50,000 within Metro Manila
• MTC if property does not exceed any of the above amounts
Accion Interdictal or Ejectement is a summary action for the recovery of the physical possession
where the dispossession has not lasted for more than 1 year. Being governed by the Rules of Summary
Procedure, it is the MTC which has jurisdiction over such actions irrespective of the amount of damages
or unpaid rental sought to be recovered.
Period to file in case of forcible entry
GR: Within one 1 year from date of entry or taking of possession by use of FORCE, INTIMIDATION,
THREAT or STRATEGY.
EX: Within 1 year upon learning of such entry in case of forcible entry by STEALTH.
2 years since B ____ under your bed, can you file?
Yes since this is a case of stealth? Di ako sure di ko mabasa yung nakasulat. :(
You pulled her out of the bed, the following day after discovery
Bitin yung question sa notes
What if forcible entry is through stealth?
The one-year period within which to bring an action for forcible entry is generally counted from the date
of actual entry on the land, except that when the entry is through stealth, the one-year period is counted
from the time the plaintiff learned thereof.
The owner of possessor of the land could not be expected to enforce his right to its possession against
the illegal occupant and sue the latter before learning of the clandestine intrusion.
You allowed your friend to live with you. For 10 years, your friend has stayed with you. (If you
want to eject your friend) what can you do?
I can demand my friend to vacate the premises and if he refuses to do so, file a complaint for unlawful
detainer.
His possession was initially lawful albeit only through my tolerance. It became unlawful after he refused
to vacate after being asked to do so. Where a person is allowed to stay in another’s land or building by
tolerance, there is an implied agreement that the occupant will leave once the owner desires to make
use of the premises.
May pumasok sa bahay mo. Ayaw ka nya papasukin. Pwede mo ba kaladkarin yung lalaki
palabas?
Yes, if the happening of such was immediate because such act will constitute defense of home. A
person is within his legal right to protect himself from trespassers to his property.
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Art. 11. Justifying circumstances. The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.
Effect of failure to answer?
The court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the
facts alleged in the complaint and limited to what is prayed for therein. (Section 7)
Self-help? State of necessity? Requisites of Self-help
Self-help – The owner or lawful possessor of a thing has the right to exclude any person from the
enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his
property (Art. 429, NCC).
State of Necessity – The owner of a thing has no right to prohibit the interference of another with the
same, if the interference is necessary to avert an imminent danger and the threatened damage,
compared to the damage arising to the owner from the interference, is much greater. The owner may
demand from the person benefited indemnity for the damage to him (Art. 432, NCC).
Requisites of Self-help:
1. the force to be used must be reasonable
2. the attack or aggression must be unlawful
You tried to dispossess him by pulling him out, can you push him out?
Yes. Based on the doctrine of self-help. Not sure. (parang justifying circumstance dapat)
After 3 years can you file an action for forcible entry?
No. Prescriptive period of one year unless forcible entry is by stealth in which case, the prescriptive
period starts from date of discovery.
Jurisdiction of Forcible Entry
MTC – Exclusive original jurisdiction
Effect of unlawful detainer without demand
A demand is a prerequisite to an action for unlawful detainer when the action is “for failure to pay rent
due or comply with the conditions of his lease.” Prior to demand and vacate is jurisdictional (because it
will depend on th amount that you are asking for) and without this, the court will not have jurisdiction to
try the case of unlawful detainer.
In forcible entry, do you need a demand?
No. In forcible entry cases, there is no need for demand.
Can you bring a forcible entry case against the owner?
Yes. Nothing is wrong from legal point of view because what is involved in a forcibly entry case is not
ownership but the physical possession of the property. A person maybe the owner of the property but
he maybe an unlawful possessor of his own property e.g. when the tenant failed to pay rentals and the
landlord, without any stipulation in their contract authorizing him to do so, ejects the tenant and starts
occupying his premises.
What if you failed to pay the lease contract, are you to vacate without need of demand?
No. A demand is a prerequisite to an action for unlawful detainer when the action is “for failure to pay
rent due or comply with the conditions of his lease.”
You are in possession. You failed to pay and owner made a demand. In CAM, you agreed to pay.
Now, you did not pay again. Owner filed UD. Are they res judicata?
According to Dean Jara: Yes. The Civil Code considers a compromise as a contract between the
parties, and therefore, if the parties entered into a contract where they signed a compromise agreement,
they do not have to submit that agreement to a court for approval. According the Supreme Court, if
there is a compromise agreement signed by the parties, since that is a contract, then that is the law
binding between the parties.
According to Atty. Senga: No daw. Hindi ko alam reason.
Personal opinion: No. It does not constitute res judicata because the complaint for unlawful detainer
would now be based on the failure of the tenant to comply with the payment of rentals as agreed upon
in the compromise agreement during CAM. This is different from the cause of action in the CAM
proceedings which was the violation of the tenant of the original conditions of his lease.
Landlord tried to enter your room, can you file?
No, there is no unlawful deprivation yet.
Court cannot determine possession?
The court can determine possession because ejectment cases are summary proceedings intended to
provide an expeditious means of protecting actual possession or right to possession of property. Such
actions are merely quieting processes, not processes to determine actual title to real estate. Not sure.
If the court determines, are they precluded to file reinvindicatoria?
46
No, because in ejectment cases, the issue is possession de facto (right of physical or material
possession) of the subject real property independent of ant claim of ownership by the parties involved
(Sec. 18 R70).
Who is a lessor?
Legal owner of the asset or property, and he gives the lessee the right to use or occupy the asset or
property for a specific period
Lease – condition cannot bring a pet, then lessee brought a red lion (no demand to comply, only
to vacate). Can file unlawful detainer?
No, the lessor must send a demand to comply AND vacate. The failure to comply with the conditions
of the lease must also be alleged in the complaint (Sec. 2, R70; Larano v. Sps. Calendacion, 2007).
If you did not demand when required, what is your legal defense?
Failure to state a cause of action
Can you file Motion to Dismiss?
Motion to dismiss the complaint shall not be allowed except on the ground of lack of jurisdiction over
the subject matter or failure to comply with Section 12 (referral for conciliation).
Barangay Conciliation?
Motion to dismiss shall be allowed on the ground of lack of failure to comply with Section 12 which
pertains to cases requiring referral for conciliation.
Due to failure to comply with Barangay Conciliation, case was dismissed. Then case was
brought against Barangay. Can you file again?
Yes, the dismissal is without prejudice and may be revived only after that requirement of referral to
Barangay conciliation shall have been complied with. (Sec. 12)
Parties entered into compromise agreement which was submitted to the court. The court
rendered judgment on a compromise. The party then filed again. Can you allege res judicata as
affirmative defense?
Yes, you can allege res judicata because the judgment on a compromise is a judgment on the merits.
It is final and immediately executory.
Requisites of res judicata?
1. The former judgment must be final.
2. The court that rendered it had jurisdiction over the subject matter and the parties.
3. It is a judgment on the merits.
4. Identity of parties, subject matter and cause of action between the first and the second actions.
Settled judgment on compromise then failed to pay again, can you allege res judicata again?
The proper remedy if the other party fails to comply with the terms of the judgment on the compromise
is to file a Motion for Execution of Judgment.
Lease was terminated in December 31. In order for there to be no implied lease, when is the last
day to demand?
January 14. An implied new lease or tacita reconduccion will set in when the following requisites exist:
1. The term of the original contract of lease has expired;
2. The lessor has not given the lessee a notice to vacate;
3. The lessee continued enjoying the thing leased for 15 days with the acquiescence of the lessor.
(Samelo v Manotoc Services Inc.)
No demand to vacate on January 14, how long is implied lease?
Art. 1687, NCC on implied new lease provides that if the period for the lease has not been fixed, it is
understood to be from year to year, if the rent agreed upon is annual; from month to month, if it is
monthly; from week to week, if the rent is weekly; and from day to day, if the rent is to be paid daily.
By tolerance for 30 years then you demand, what is your action?
An ejectment case for unlawful detainer. An allegation of possession by tolerance falls under the
category of unlawful detainer. Where the plaintiff allows the defendant to use his property by tolerance
without any contract, the defendant is necessarily bound by implied promise that he will vacate on
demand. (Bonifacio Piedad v. Spouses Gurieza)
Should the complaint be verified?
Yes, all pleadings shall be verified. (Sec. 4)
What pleadings are allowed?
The only pleadings allowed to be filed are the complaint, compulsory counterclaim and cross-claim
pleaded in the answer, and the answers thereto. (Sec. 4)
What will the judge first do?
The court will examine the allegations in the complaint and such evidence as may be attached thereto,
and may dismiss the case outright on any of the grounds for the dismissal of a civil action which are
apparent therein. If no ground for dismissal is found, it shall forthwith issue summons. (Sec. 5)
Answer when?
Within 10 days from service of summons, the defendant shall file his answer to the complaint and serve
a copy thereof on the plaintiff. The answer to counterclaims or crossclaims shall be served and filed
within 10 days from service of the answer in which they are pleaded. (Sec. 6)
Restored possession during pendency of action what should you do?
47
A possessor deprived of his possession through forcible entry or unlawful detainer may, within 5 days
from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for
the issuance of a writ of preliminary mandatory injunction to restore him in his possession. (Sec. 15)
Unpaid rental P10 M. MTC still has jurisdiction?
Yes, amounts of rents and damages claimed does not affect the jurisdiction of the municipal court
because they are only incidental or accessory to the main action. (Sec. 3)
Court overlooked grounds to MTD, can you raise it?
As a rule, no, except on the ground of lack of jurisdiction over the subject matter, or failure to comply
with Section 12. (Sec. 13, (1))
Failed to answer can you be declared in default?
No, motion to declare the defendant in default is a prohibited pleading. Should the defendant fail to
answer the complaint within the period provided, the court motu proprio or on motion of the plaintiff,
shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is
prayed for therein. The court may in its discretion reduce the amount of damages and attorney's fees
claimed for being excessive or otherwise unconscionable, without prejudice to the applicability of
Section 3(c),Rule 9 if there are two or more defendants.
The claim is P100k, can court raise damages to be awarded?
No, the award shall be limited to what is prayed for in the complaint, but the court may in its discretion
reduce the amount of damages and attorney's fees claimed for being excessive or unconscionable.
Why cannot you be declared in default?
A motion to declare the defendant in default is a prohibited pleading under Section 13.
Prohibited pleadings
The following petitions, motions, or pleadings shall not be allowed:
1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter,
or failure to comply with Section 12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints;
12. Interventions.
Do we have trial?
There is no trial. Unlawful detainer and forcible entry cases are governed by summary procedure so
there is no trial as contemplated in Rule 30. What the court will require of the parties is simply the
submission of affidavits of their witnesses and position papers within 10 days from the receipt of the
preliminary conference order.
Preliminary conference; what happens?
The provisions of Rule 18 on pre-trial shall be applicable to the preliminary conference. The matters
taken up shall include but not limited to:
1. Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by the parties;
3. Whether, on the basis of the pleadings and the stipulations and admissions made by the parties,
judgment may be rendered without the need of further proceedings, in which event the judgment shall
be rendered within 30 days from issuance of the order;
4. A clear specification of material facts which remain controverted; and
5. Such other matters intended to expedite the disposition of the case. (Sec. 8)
How do we determine evidence?
Is there a trial where evidence must be presented?
No. Because UD/FE cases are governed by summary procedure, there is no trial as contemplated in
Rule 30. What the court will require of the parties is simply the submission of affidavits of their witnesses
and position papers within 10 days from the receipt of the preliminary conference order.
Court dismissed case because your face is ugly, what is your remedy?
The remedy is to appeal the decision with the RTC. Subject to payment of docket fees and filing of
supersedeas bond (Sec. 19)
Why not certiorari?
Petition for certiorari cannot be availed because appeal is an available remedy. Certiorari may be
availed when:
1. When there is grave abuse of discretion amounting to lack or excess of jurisdiction; and
2. There is no appeal, or any plain, speedy, adequate remedy. Since appeal is an available remedy,
even if the decision was rendered with grave abuse of discretion, you cannot avail of certiorari.
Can defendant appeal? Can appeal stop execution?
Yes, defendant can appeal with the RTC. Generally, the judgment of the MTC against the defendant in
ejectment proceedings is immediately executory. However, to stay the execution of the judgment, the
following must concur:
48
1. The defendant must perfect his appeal;
2. He files a supersedeas bond to pay the rents, damages and costs accruing down to the time of
judgment appealed from;
3. He makes periodical deposits with the appellate court, during the pendency of the appeal, the amount
of rent due from time to time under the contract or, in the absence of a contract, the reasonable value
of the use and occupation of the property on or before the 10th day of each succeeding month or period.
(Sec. 19)
Basis amount of supersedeas bond?
The supersedeas bond is a bond, the amount of which is approved by the MTC, executed in favor of
the plaintiff equivalent to the unpaid rental, damages and cost of the suit. It does not include attorney’s
fees.
During pendency of appeal, what can you do to stay in the property?
Generally, the judgment of the MTC against the defendant in ejectment proceedings is immediately
executory.
However, to stay the execution of judgment, the following must concur:
1. The defendant must perfect his appeal;
2. He files a supersedeas bond to pay the rents, damages and costs accruing down to the time of
judgment appealed from;
3. He makes periodical deposits with the appellate court, during the pendency of the appeal, the amount
of rent due from time to time under the contract or, in the absence of a contract, the reasonable value
of the use and occupation of the property on or before the 10 th day of each succeeding month or
period
Failed to make monthly
Should the defendant fail to make the payments prescribed from time to time during the pendency of
the appeal, the appellate court, upon motion of the plaintiff, and upon proof of such failure, shall order
the execution of the judgment appealed from with respect to the restoration of possession, but such
execution shall not be a bar to the appeal taking its course until the final disposition thereof on the
merits.
Purpose of deposit?
Any money paid to the court by the defendant for purposes of the stay of execution shall be disposed
of in accordance with the provisions of the judgment of the Regional Trial Court.
Plaintiff wins in RTC, can you stay execution?
The judgment of the Regional Trial Court against the defendant shall be immediately executory, without
prejudice to a further appeal that may be taken therefrom.
LECTURE 4/16/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)
You have to distinguish FE and UD, kasi magkaiba sila
Real actions, but an action in personam
Right to a real property, seeks to enforce a liability to the defendant to vacate or restore and pay for
damages, as the case may be
However, we will not follow the rule on BP 129, the latter categorically provides that MTC has exclusive
and original jurisdiction over these case. Absent this provision, it would have followed the former rule.
FORCIBLE ENTRY
Illegal because of FISTS. If illegal from inception, FE na yan forever
The question to be determined is: Who was in prior possession de facto?
Plaintiff has to prove prior possession, and that he was deprived
Example, si Mr. Flores, by stealth, pumasok siya sa property. Tapos andon na pala siya for 10 years.
Nakita ko na siya. Pero after 10 months pa ako bago nagfile, di yan macoconvert to UD, kasi illegal pa
din yan from the beginning. It is not by mere tolerance. Basta ang entry ay illegal from the start, FE yan.
Never yan machchange to UD.
You don’t need to make a demand in FE. Counting is from the time the owner is ousted. (One year
from ouster)
UNLAWFUL DETAINER
Possession is lawful—like lease, or like si Ms. Chavez, kaklase mo, pinatira mo sa bahay mo (Yan na
yung mere tolerance, kasi di mo siya pinagbabayad ng rent)
Sec. 1 – ”expiration or termination to hold possession.” Magkaiba yang expiration at termination.
Expiration – tapos na yung period mo. Tapos na yung lease contract mo ganern.
Termination – not necessarily nag expire.
Ex. Material Breach, material alterations. Yung tenant mo ayaw magbayad ng rentals.
You can also stipulate terms in the contract, provided that it is not contrary to law.
Ex. Prohibiton on animals can be a stipulation. Based on that, you can terminate. You don’t need a
demand here.
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Ex. Si Mr. Prudente, di siya nagbabayad pero siya pa galit. Pero expired na contract, it is required na
dapat may demand ka before ka mag UD. Here, ground is refusal to pay. If your demand is only to pay,
hindi pa mature yung action mo for UD. If to pay lang yan, small claims yan. Pag may demand to vacate
ka, regardless of the amount, it is always unlawful detainer. If walang vacate, collection lang yan.
Exception to the demand?
If the contract categorically provides in the contract, that in case there is breach, there is no more need
for a demand to vacate.
If same barangay ang parties, need ng barangay proceedings. Dahil summary proceeding ito. Failure
to comply with barangay conciliation is a ground for dismissal.
Note: Kabarkada ng UD ang implied lease. (Art. 1670, NCC) Implied lease is constituted if the lessee
enjoys possession for 15 days after the termination of the contract. So ano dapat gawin para walang
implied lease? Up to the 14 th day, pwede ka magdemand. Failure will result to implied lease. It is not
forever though, depende siya sa contract mo, example payment mo is every 30 th of the Month, for a
period of 1 year. Natapos na 1 year. Nakalimutan ko mag demand to vacate. On the 15 th day, an implied
lease is a constituted. Lessee can stay there for another one month. After the month, may 14 days ka
ulit to vacate. Remedy. After January 30, may 14 days pa ako to demand, para di na magkaroon ng
implied lease hanggang February.
If I made that demand within that 14th day, pero di pa din umalis lessee. Implied lease ba yun?
Hindi, pwede ka na magaction for UD within 1 year from my last demand.
Ex. Ms. Cruz did not pay January rent, under the contract, that’s a material breach, I can demand to
pay and vacate. On the settlement, nagoffer to pay si Ms. Cruz, tapos inaccept ko. So may compromise
agreement kami. So may judgment on compromise kami. Nung November, di nanaman nagbayad. So
nagfile ulit ako. Sabi ni Ms. Cruz, res judicata na yan. MALI SIYA. Kasi magkaiba ng cause of action.
First cause of action, January. Second cause of action, November.
Read 1682 and 1687 of the NCC.
Implied lease as basis of UD?
Yes, expressly provided
Mere tolerance, natural wala kang written proof diyan. Unless, meron kang written agreement diyan. Di
siya pinagvacate, tinolerate lang. Ang remedy mo ay wag mo awayin, magdemand to vacate ka na
lang.
You are the owner. Can there be FE filed against you filed by lessee?
Yes.
Ex. Si Areño may bahay, nilelease ni Cerrera. Sabi ni Areño papasok ako sa room mo. Ayaw ni Cerrera
kasi umutot siya, pero sinira ni Areño yung pinto, pwede ba doctrine of self help? Yes. Basta reasonable
force.
Same example, if nakatulog si Cerrera kasi masakit ulo niya, pag gising niya andon pa din si Areño,
bawal na self help. Di na immediate. FE na lang talaga. Pursuant to the lease contract.
Note: Kabarkada ng FE ang expropriation. May provisional determination of ownership. File ka na
Accion Reinvindicatoria to recover the title.
FE – you need to allege that your possession is illegal
UD – you need to allege that your possession is legal, then became illegal.
Ex. Pinatira mo si friend kasi sabi niya “until I get on my feet.” 10 years na. dinemand to vacate mo.
Yan illegal na.
Irrespective of amount of damages, except that AF shall not exceed 20k
Jurisdiction is determined by allegations.
If issue is right of tenant of CARP Law?
Walang jurisdiction ang MTC. It must be filed with the DARAB. Because they have primary exclusive
jurisdiction, both original and appellate.
Kung meron kang property subject to CARP. Sa DARAB ka magfile.
Pag lumagpas ng one year, from the ouster or from the demand?
Magiging accion publiciana.
Which court has jurisdiction?
Depends on the assessed value of the RTC/MTC.
Need not be commenced by the owner, but even by the one lawfully possessing the property.
Note: In partition, indispensable parties and co-owners. But if there is a property co-owned, EITHER
of the co-owner may file for ejectment. You don’t need to bring the other co-owner, nor do you need
their consent (Art. 487). It is deemed instituted for the benefit of all.
Upon filing of ejectment, court will determine if there is a ground to dismiss. If wala, court will issue
an order that it falls under summ pro. So may summons, at may Answer.
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 - Sec. 4, R70 is not complete kasi may position papers pa and Judicial Affidavits.
- Compulsory counterclaim, not permissive, is allowed. Compulsory counterclaim, like in
interpleader must be raised in the main action. Otherwise barred by res judicata.
- Civil cases governed by summary procery (take note: civil, iba ang procedure ng criminal), wala
tayong hearing. Instead, evidence will be attached to the position papers and Jas. Must still be
based on the Rules of Evidence.
- Preliminary conference is similar to the pre-trial.
- Pag nag file sila ng position papers, pwede humingi court ng clarificatory papers.
Should all pleadings be verified?
Yes, But SC said, unverified pleading is not fatal. Maybe allowed the pleading to be verified.
Art 539 (2), NCC – possessor deprived may within 10 days from filing of complaint, may file a WPI.
Forcible entry lang nakalagay sa provision. PERO, kasama UD, kasi nakalagay sa S15, R70, that WPI
is available to both.
Substantive law must prevail over procedural diba?
Art. 539 is procedural, not really substantive. You have to connect it to Art. 536, kasama doon yung
UD. Mahaba daw history, di nalang daw ikkwento.
Can you declare a defendant in default?
No. Proceed with judgment based on complaint nalang (Summ pro)
If there is no answer filed, court may proceed to judgement.
XPN: Belatedly filed answer that alleges tenancy relationship under CARL, the court shall not render
judgement based on the complaint. Kasi possible na walang jurisdiction yung court. So the court needs
to determine first if may agrarian dispute.
MTD?
Meron, read rules on summary procedure
- JA shall be used
- Judgment – 30 days MANDATORY. Many judges have been administratively charged because
of this.
If parties failed to submit position papers, bawal daw magrequire ang courts ng clarificatory
papers. Ano icclarify?? Wala na.
If the court finds, that complaint is improper. The judgment can include costs in favor of defendants.
And then vice versa.
Immediately executory?
Yes, but you need motion to execute. Kasi di ito litiguous. If the defendant, you need to file to stay your
execution. You must: (1) timely perfect your appeal R40 notice of appeal; (2) pay the docket fees and
supersedeas bond; and (3) deposit the rents periodic payments.
If defendant missed periodic payment, can move for execution.
If RTC affirms the ruling of the lower court, you can still appeal via R42. PetRev to CA. it will no
longer stay the execution, no more supersedeas bond.
Pwede ka nalang ba magfile ng TRO?
No. that is a violation of S19 R70, WHICH is a mandatory provision.
RULE 71
CONTEMPT
What is contempt?
Contempt is a disobedience to the court by acting in opposition to its authority, justice and dignity. It
signifies not only willful disregard or disobedience of the courts orders but also conduct tending to bring
the authority of the court and the administration of the law into disrepute or, in some manner, to impede
the administration of justice.
It interferes the court’s business, and the administration of law. You are despising the court’s dignity.
Contempt of court is a general term.
If you slap the judge, contempt?
Yes. Such action constitutes disrespect towards the court.
How to institute direct contempt?
The court may summarily adjudge one in direct contempt. No formal proceeding is required. (Sec. 1)
Acts of indirect contempt A person guilty of any of the following acts may be punished for
indirect contempt: (Sec. 3) (PDP-CASR)
a. Misbehavior of an officer of a court in the performance of his official duties or in his official
transactions;
b. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court,
including the act of a person who, after being dispossessed or ejected from any real
property by the judgment or process of any court of competent jurisdiction, enters or
attempts or induces another to enter into or upon such real property, for the purpose of
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 executing acts of ownership or possession, or in any manner disturbs the possession given
to the person adjudged to be entitled thereto;
c. Any abuse of or any unlawful interference with the processes or proceedings of a court not
constituting direct contempt under section 1 of this Rule;
d. Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;
e. Assuming to be an attorney or an officer of a court, and acting as such without authority;
f. Failure to obey a subpoena duly served;
g. The rescue, or attempted rescue, of a person or property in the custody of an officer by
virtue of an order or process of a court held by him. (Section 3, Rule 71, Rules of Court)
“Upon a formal charge” meaning In indirect contempt, there must be a charge in writing filed,
an opportunity given to the respondent to comment thereon within such period as may be fixed
by the court and to be heard by himself or counsel.
Two ways to initiate indirect contempt proceedings: (Sec. 4)
(1) SHOW CAUSE ORDER. Proceedings for indirect contempt may be initiated motu
proprio by the court against which the contempt was committed by an order or any
other formal charge requiring the respondent to show cause why he should not be
punished for contempt.
(2) VERIFIED PETITION. In all other cases, charges for indirect contempt shall be
commenced by a verified petition with supporting particulars and certified true copies
of documents or papers involved therein, and upon full compliance with the
requirements for filing initiatory pleadings for civil actions in the court concerned.
Punishment for indirect contempt (Sec. 7)
1. If committed against RTC or a court of equivalent or higher rank: fine not exceeding P30,000 or
imprisonment not exceeding 6 months, or both.
2. If against a lower court: fine not exceeding P5,000 or imprisonment not exceeding 1 month, or both.
3. If the contempt consists in the violation of a writ of injunction, temporary restraining order or status
quo order: he may also be ordered to make complete restitution to the party injured by such violation
of the property involved or such amount as may be alleged and proved.
Is direct contempt immediately executory?
No. An order of direct contempt is not immediately executory or enforceable. The contender must be
afforded a reasonable remedy to extricate or purge himself of the contempt.
Under Section 2, Rule 71, a person adjudged in direct contempt by any court may not appeal therefrom,
but may avail himself of the remedies of certiorari or prohibition. The execution of the judgment shall
be suspended pending resolution of such petition, provided such person files a bond fixed by the court
which rendered the judgment and conditioned that he will abide by and perform the judgment should
the petition be decided against him (Tiongco v. Judge Salao).
Dean Jara’s view:
“Although the rules appear to show that citation for contempt is immediately executory, there is a new
decision of the Supreme Court saying that citation for contempt is not immediately executory. That’s
why there is a remedy provided in the Rules for direct and indirect contempt.
Can there be bail?
Yes. If hearing is not ordered to be had forthwith, the respondent may be released from custody upon
filing a bond, in an amount fixed by the court, for his appearance at the hearing of the charge. (Section
6, Rule 71, Rules of Court)
Is there contempt in quasi-judicial bodies?
Yes. Sec. 12, R71 shall apply to contempt committed against quasi-judicial bodies or entities, or it shall
have suppletory effect to such rules as they may have adopted pursuant to the authority granted to
them by law to punish for contempt.
The RTC of the place wherein the contempt has been committed shall have jurisdiction over such
charges as may be filed therefor.
Can there be double jeopardy in contempt?
No. The judgment of the court finding that the respondent is not guilty of indirect contempt may not be
appealed; otherwise double jeopardy would result.
The reason according to the court is that indirect contempt proceedings partake of a nature of a criminal
case, because one of the sanctions could be imprisonment.
Will it (appeal) suspend the execution of the judgment?
No, unless a bond is filed by the person adjudged in contempt, in an amount fixed by the court from
which the appeal is taken, conditioned that if the appeal be decided against him, he will abide by and
perform the judgment or final order. (Section 11, Rule 71, Rules of Court)
LECTURE 4/16/21 - Note: everything not included in these lecture notes have already been stated
above as recit questions)
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The act must be very clear that it was done in defiance or with disobedience.
Court has inherent right to cite someone in contempt, to preserve their dignity and the solemnity of the
proceedings.
IT IS PLENARY. BUT IT SHOULD EXERCISE SPARINGLY.
It should be in the preservative, not on the vindicative. (General rule) Siguro pag criminal contempt,
tska magiging vindictive.
Dapat di masyadong sensitive. Court shall not be easily offended everytime a party loses his cool.
If there is a less harsh remedy than contempt, use that. For instance, humingi ng continuance yung
prosecutor kasi di prepared. Yung judge dinirect contempt at pinakulong agad. Dinedelay daw yung
proceeding. SC said, pwede mo naman ideny yung continuance niya. Tuloy ang kaso, di naman need
ikulong for contempt.
DIRECT CONTEMPT – as in in the presence or so near the court to obstruct the proceedings.
TEST TO DETERMINE?
Direct is summary in nature, while indirect is instituted via petition, or of by court by a written charge
(na may show cause, opportunity to answer and to be heard.)
Direct contempt ay summary, walang hearing hearing. Kasi nga nakita na ng court yung act mo, so
hindi na need ipagexplain. Kaya na ba ng court magrule? If oo, direct.
Kapag indirect, out of the presence of the court literally. But has the effect of impeding justice.
Two-fold aspect of contempt?
One, to punish the disrespect (criminal), and two, to require the performance of the person (civil). These
aspects gave rise to the classification—civil and criminal contempt.
Pag civil, mayrong failure to do something ordered by the court to be done for the benefit of a party,
pero di mo ginawa. Therefore, it is an offense against the party against in whose behalf the violation
was made. As a rule, civil contempt is remedial and civil in nature. Para maenforce mo yung duty (civil).
Being remedial, you want to preserve and enforce the right of the private party. How? You will compel
the obedience of the person. As a rule, pag civil, it shall be instituted by violated party.
Kunware, nakahingi ako TRO. Dinedma ni Ms. Chavez, ginawa niya pa din yung act. Obviously, yung
violation ni Ms. Chavez, out of court, so indirect yan. Via petition instituted.
Note: As a rule, pag criminal contempt, it is against the authority and dignity of the court or the judge
that acts judicially. It actually obstructs the administration of justice. Nagkakaroon ng disrepute sa court.
In essence, it is an offense against public justice. The proceedings must be to punish. Therefore,
punitive. Purpose it to preserve court, punish disobedience. It is between the public and the accused.
The state is the prosecutor. Contempt is not criminal though, criminal procedure will apply. Sui generis
siya. That it partakes some elements of both civil and criminal. But is not a civil nor a criminal case.
Kapag naexonerate mo na siya, di na pwede pangalawa for the same charge (like double jeopardy).
Dapat rin may intent. Sa civil contempt, di need ng intent. Absence of goodfaith is not a strong defense
in civil contempt.
In civil, di magaapply yung rules sa criminal procedure. Bakit need malaman if civil or criminal? Para
alam mo rules na magaapply.
Who has the burden of proof?
The one who is invoking either civil or criminal must be able to prove it. It is not presumed.
You will also look at the dominant purpose. To punish ba? To preserve a right ba?
Jurisdiction?
Court has limited jurisdiction, kahit inherent siya. The court contempt-ed.
It is practical and administrative, it is only with one tribunal—the court offended.
In one instance, may disbarment proceedings before the SC, tapos nirerecommend na yung lawyer na
ididsbar ay ihold din in contempt. Pero yung contemptuous act sa RTC nacommit. So dapat sa RTC
irule yan. Sa SC, disbarment case eh, not contempt.
Except:
1. If contempt is against the inferior court, file it with the RTC
2. If against the court or judge constituting agency. Like contempt sa Branch 1, pwede
mo ifile sa Branch 2.
3. If the contemptuous act is professional proceeding(?)
4. Kapag nadisqualify yung judge. Like may inhibition. Syempre di na siya maghhear non.
5. If the contemptuous case is a crime, then criminal court has jurisdiction
Pleading with malicious and offensive statement?
Equivalent to disrespect (direct contempt) even if you didn’t read it in open court.
Sabi mo sa court, the judge is grossly ignorant, ang tanga tanga niya?
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Direct contempt pa din yan. Sec.11 R39 – special act - ikaw lang makakagawa

Don’t use strong language. Do not outrightly state that the court is wrong. Sec 10(a) R39
If for a specific act, pwede mo ipagawa sa iba. Di ka macocontempt.
Refusal to swear before the provincial board? If for conveyance – court may divest the title (may remedy ka, di lang contempt)
NOT CONTEMPT – not in the presence of court
10(c) restitution – paalisin mo. Pag di umalis, may police officer power ka to oust. For assistance. May
Didn’t attend hearing? demolition. Pag umalis na siya, tapos bumalik siya. Pwede maging indirect contempt (Sec. 3b, R71) no
Indirect. WALA DAW SA PRESENCE EH. requirement as to years, basta nagre-entry ka, indirect contempt na agad.

Failure to file CNFS? Sec. 9 R39 – execution of judgment of money. Pag di nagbayad sa 9(A), mayron ka pang 9(B) and (C)
Can be indirect/direct (Sec. 5, rule 7) if willful, and deliberate, in addition to summary judgment, can may levy and attachment ka to satisfy the judgment.
also add contempt and administrative charge. If nalimot mo lang magfile. Indirect.
DISBARMENT PROCEEDINGS
Summary in nature ang direct? As a rule, it isconfidential. If you publicly disclose, can be punished for contempt. It is not absolute.
Yes, because it is done in the presence of court.
An exception:
Penalties?
Bawal indefinite penalties. That is grave abuse. In Atty Fortun case, kalaban niya sa Ampatuan case si Atty Quinsayas. Si Fortun, lawyer ni Datu Andal
Ampatuan, Jr. Si Quisayas, isa sa private respondents. Quinsayas filed a complaint for disbarment
Remedy in execution of direct contempt? against Fortune because the latter allegedly abuses legal remedies to delay the case. Subsequently,
Since it is not immediately enforceable. Contempt-er must be given opportunity to avail remedies (Sec. may mga articles na napublish about the disbarment. Si Quisayas, diniscuss pa sa media yung
2). It is not appealable, since it is only an incident in the main case. But you can file certiorari or dibarment case, dinistribute pa yung article. Si Fortun, kinasuhan si Qunisayas, television program and
prohibition. As a rule, certiorari or pihibition WILL NOT SUSPEND, unless there is payment of bond. authors of the articles. For indirect contempt.

Lawyer parked at the parking space reserved for the judge? Are they liable?
Di Direct contempt, based on jurisprudence. Kasi di naman made in presence and in the act of judicial
functions. As to the journalists – walang proof na napakita na yung articles ay based don sa dinistribute ni
Quinsayas. napublish na yung article bago pa nadistribute yung complaint. Pwede kasi maging based
INDIRECT CONTEMPT on tip. THERE IS NO SHOWING THAT THEY HAD A HAND IN THE DISTRIBUTION OF THE
COMPLAINT. Meron lang ay proof of publication. Yung contempt dito ay akin to libel. Kasi pwede
Refusal to return replevined vehicles? iinvoke and privileged communication, as a defense, which limits freedom of the press and expression.
Yes, not done in the presence eh. Publications are protected by the Constitution. Privileged ba to? Tama, as a general rule, hanggang
resolution. However, Atty. Fortun’s case is one of public concern. It arose and is related to the
Note: Kabarkada nito ang S11, R39 – kapag special judgments. Pati provisional remedy support – maguindanao massacre. The interest is not just on Fortun, but as to his participation in the
provisional order Maguindanao (as in yung kaso) there was no showing that it was intended to lambast Fortun, but is
merely a report on the matter of public interest. Magnitude of the case. 30/57 of the victims are
Writ of execution is directed to the sheriff, not to you. If there is non-compliance in the execution— journalists. Fortun became a public figure. It would follow, pwede na sa kanya ang public comment.
you did not pay, you did not vacate. Di ka macocontempt. If the judgment is not enforced, yung sheriff Ibang iba siya sa ‘mere private individual.’ DI ITO CONTEMPT. They are still covered.
ang liable.

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As to Atty. Quinsayas – insofar as his distribution - that is contempt. Kasi officer of court siya so alam
niya nature ng disbarment proceedings. Instead na irespect niya, pinagkalat niya pa
Read in full: PHILIP SIGFRID A. FORTUN vs. PRIMA JESUSA B. QUINSAYAS, et. al., (G.R. No.
194578, February 13, 2013)
But you need to qualify. If you are adjudged liable either criminal or civil, it is appealable. if you are
adjudged not liable for civil contempt, you can appeal. Not liable for criminal, you cannot appeal
because double jeopardy.
Generally, file ka indirect contempt if made in QJ body. Unless may rule concerning R 71.

Another exception:

Atty. Harry Roque was the lawyer of family of Jeffrey “Jennifer Laude” (Pemberton case). May issue
kung saan idedetain si Pemberton, kasi sa VFA, so ang issue, abroad ba, local jail or sa embassy. Hot
topic siya. Nagkaroon ng reports na detained siya sa AFP, sa Mutual Defense Security Engagement
Board siya nakakulong, which has a restricted access, bawal ka pumasok. So si Roque, with Laude’s
family, pinilit nila pumasok. Naglagay sila ng “MEDIA” sa car nila. Ininterview si Roque sa parking lot.
He cursed on the officer posted in the security within the perimeter. He forced entrance. Inakyat nila
ganern. “nandito kami para makita kung andito ba siya talaga.” He demanded to see Pemberton if he
really was in the premises. It was reported on the internet, radio and television. AFP released a
statement that they are considering filing a disbarment case, and eventually they did file. Roque filed
against the whole AFP for contempt.

SC: Applying Fortun case. No basis for contempt, there is nothing to keep confidential. Kasi nung
nagannounce yung AFP, ifafile pa lang naman. Wala pang nafifile. Nung inannounce palang nila,
Roque tweeted that he is “welcoming the disbarment complaint,” even if before the actual filing of the
complaint. SC also said, apart from the tweet, he also made public the filing of complaint against him
by filing a case against the AFP. SC said that the events that led to the disbarment case actually took
place in the presence of the media. So, there was a breach of security of military zone facility. So it was
only necessary for the AFP to file a statement. Everything here is a public concern.

Read in full: ATTY. HERMINIO HARRY L. ROQUE, JR., vs. ARMED FORCES OF THE PHILIPPINES
(AFP) CHIEF OF STAFF, et. al (G.R. No. 214986, February 15, 2017)

Proceedings?
Via verified petition – new case, with docket fees.
By court, motu proprio – kailangan, may due process. So may show cause, directing a response.
If di siya sumagot sa show cause, di siya pwede default. Kasi criminal nature, set pa din due process.

Note: In Sec. 7, walang admonition and warning mention. However, SC said it does not preclude them.
Basta hindi excessive.

APPEALABLE.

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