RULE 62 as distinguished from rule 19

Special civil action is a form of ordinary actions subject to rules, from rule 65 to rule 72.

In regard to the rule on interpleader, rule 62:

- The court would issue summons to the defendants

In a commercial transaction, I am a warehouse man, and in keeping the property in favor the consignee,
there are several claimants coming forward that they are entitled to the delivery of goods, then the
plaintiff warehouse man does not know as to whom he shall deliver the goods. In order t

In a contract of lease, where the lessee is liable to pay rent and there are several heirs, entitled to the
lease whereas as an executor or administrator etc who is entitled to the proceeds of the rentals. The
defendants are required to file an answer or complaint which depends upon what claim they want to
assert on the part of the defendant. The two defendants now

In an interpleader, the one who initiates an action is

RULE 63

Declaratory Relief

Meaning: just like in interpleader, it is not based on a cause of action.

The petitioner

Primary purpose: the petitioner begs of the court that he is entitled to a definitive pronouncement in
the application of a law, statute, admin order, rule , regulation, will or a contract. In this remedy, it also
involves the quieting of title because the petitioner seeks to establish his status in relation to his title or
interest over a real property, in order to quiet the same against all other adverse claimants, thus, his
right is sought to be established.

In a declaratory relief, is the judgement performed by execution? NO, it is simply a declarative relief.
There is an exception: writ of kalikasan -

Specific in the RTC

RULE 64

In cases under rule 58, or a petition under rule 64, or a petition under rule 65, and also for petition
under certiorari under the expanded jurisdiction of the SC falling under sec1 par. 2, the petition is not
automatically enjoined or stopped.
The proceedings before the tribunal body officer exercising judicial or quasi-judicial function remain to
discharge its functions until and unless the SC enjoins or prohibits the performance of an act.

Now what is the appropriate term when the SC enjoins the commission of an act? The SC do not use the
word injunction to stop the commission of an act, but rather, under jurisprudence, uses the word status
quo ante. The tribunal, person or body of quasi-judicial function is to observe the status prior the
institution of an action or before the controversy has attached. So by way of added knowledge, the SC
never uses the word injunction but uses the word status quo ante.

In all other instances, the SC or the Sandiganbayan, in valid forms uses the word injunction or status quo
ante. There are certain parameters by which injunction are to be allowed in its effectivity.

Guardianship as provided by the ROC, and the special rules involving minors, so you would know now
the coverage of the probate and settlement of estates of deceased persons as well as the administration
of the properties of the deceased.

The mode of petition of review, by final orders, commission on audit and Comelec, the petition have to
be filed with the SC. And for instances for final orders, judgments or resolutions reached by the CSC,
before which court shall the petition be filed?

LECTURE MARCH 8, 2023

In the suspension of the writ of habeas corpus, what is suspended here is the privilege. The SC cannot
suspend the writ, there is the separation of the three major departments of the govt. The writ is actually
an order. Even the president cannot intervene in the judicial power to the writs. It is only for a moment
that the privilege is suspended and the authorities are required, and the law enforcers must deliver the
person of those involved. Those involved in the invasion and the rebellion.

The courts can always review the acts or the varios department of the government.

Error of judgment and error in the exercise of jurisdiction

The quo warranto, know the requisites and distinguish it in quo impeachment. Take note of the quo
warranto case filed against the former CJ Serena, and it was filed beyond the 1 year limitation.

The case of expropriation: republic v. lim – there was a mortgage assigned to vicente lim. For the years
that it has lapsed, there was supposed to be payment, and there was no public purpose, the SC
determined that there was an abuse for failure to pay just compensation.
The limitation in the power of eminent domain is that, the power should be exercised

Under rule 70

It is not enough that there’s a notice to vacate and surrender the property in unlawful detainer. Under
jurisprudence, it is required by evidentiary proof how did the tolerance came about. It is not a simple
statement that the occupation is by means of tolerance of the owner, or the one who has the right to
demand to vacate and surrender the property. That fact of tolerance shall be demonstrated by
evidentiary proof. So to say that the occupation of the other is by way of one’s tolerance. As compared
to the concept of forcible entry, the occupation was employed thru the means of force, intimidation,
stealth, strategy and threats. Take note of the reckoning period for one year. So what becomes after the
lapse of one year, it becomes an ordinary civil action. The cause of action is either the plenary recovery
of possession over the real property, which is called as accion publiciana, as distinguished with accion
interdictal. But if the issue is recovery of title and ownership, the accion is reinvidicatoria. The issue
there is rightful possession over the property over the law, in accion publiciana. Unlike in accion
interdictal, the issue which the first level court is physical possession. It has no jurisdiction to resolve or
adjudicate in the title of ownership, it can only rule of title of ownership provisionally. It falls under the
rules of summary procedure, generally in civil actions, venue is of the residence of the plaintiff or
defendant, at the choice of plaintiff, and also it may also be the subject of stipulation, where the parties
may sue.

But here the real action in unlawful detainer and forcible entry, the law which is bp129 fixes the venue,
at the place or it is the court which has territorial jurisdiction where the real property lies. If the
property is found in several territorial jurisdictions, it is still the first level court in either the
municipalities or cities where the properties are found, thus it cannot be the subject of stipulation for
the venue of actions of this type.

RULE 72

Is another form of procedure as compared to rule 1 up to 60 which covers the ordinary civil actions. Rule
61-72 are forms of civil actions but subject to the special rules.

Rule 72-109

Which we call special proceedings. In special proceedings, the rules provides for a remedy to a party for
the purpose of determining a status, right, or a particular fact. Ordinarily, general rule is that, special
proceedings are not adversarial because there is no opponent or adversary. It only becomes adversarial
when it is opposed.

As compared to the concept of ordinary civil action, in this particular kind of remedy, the plaintiff would
file an action for the enforcement of an action of a right or if not in the prevention or redress of a wrong.
So it assumes that there is an existing right which is sought to be enforced or protected, or if there is a
threat on that right, you go to court for the prevention or redress of the wrong committed on an
established right. It assumes a right, whereas in special civil actions, it is actually a civil action which is
subject to special rules as provided again under the rules. In all or both, ordinary civil action and special
civil action are both adversarial, unlike in special proceedings it provides for a remedy for the
establishment of a right, status.

In special proceedings, that the court sitting as a regular court who had the jurisdiction to entertain
ordinary civil actions and special civil actions, the court sitting on that case exercises regular jurisdiction.
It is necessary to know that the court sitting as a probate or special proceedings court, although they are
both first level, the court sitting as a special proceedings court acts with a special and limited
jurisdiction. It also had the power to determine only on the issues of statuses of persons, the existence
or non-existence of a particular fact or the existence or non-existence of a right.

In the judiciary, there are courts have only specific adjudicatory powers as designated in the supreme
court. Ex. Family courts, environmental courts, special commercial courts etc. and courts with special
delegated power in land registration cases by the first level courts. If the courts exercises its power as a
probate or special proceedings court, the issues, or subject matter of such actions that it could hear and
try for the status, right or a particular fact.

In the settlement of estates under rule 74, there is the word, partition. Under section 2. Where the
parties may resort to extra-judicial settlement of estate by executing a public instrument for partition,
and there is also a partition as a form of remedy putting an end of co-ownership under rule 69. Partition
under 69 is a civil action which is subject to the special rules. In that form of remedy, it assumes that
there is a co-ownership to which the parties would come to court for putting an end by divinding the
party among themselves depending on the contractual agreement as regard to proportionate shares, or
if there is none, equal shares is done. If the partition of a common property results from succession
which is by the debt of the decedent regarding article 777 of the ncc. Then the partition as a resulf of the
debt of the decedent be resorted to under rule 69? Partition under rule 69 is a simple way of indivision
or putting an end to a co-ownership without due regard to the determination of those who are called to
the succession of the decedent without due regard to the issues on the indebtedness and obligation of
the estate, without due regard on the divisions on the deprived heirs. Should these issues surface, ex.
The determination of heirship or who are called to the succession. And those matters for the settlement
of the claims and obligations of the estate, or the fulfillment or completion of the shares of a deprived
heir, the special civil action under rule 69 on partition, are not applicable as a remedy, rather, the
appropriate action is one, either for the probate of the last wil of the testament, a petition for
appointment of the administration in intestacy, judicial settlement and/or partition are the variety of
remedies that must be resorted to in a special proceeding, and the consequences in the legal effect and
the counsel are different. In ordinary actions, or sca, those who are bound are only the parties, so the
consequence is action in personam, whereas the pronouncement in a special civil court.

In special proceedings, the ordinary civil actions apply subject to special rules. In special proceedings,
the ordinary civil rules would apply not automatically, or supplementary, but as far as practicable may
be applied. Stress on the permissive word “may.” In the settlement of estate, the probate of the will is
prior that it will be the subject of allowance as against intestacy or legal succession. Only when the
decedent passes away without a will or even if there is a will, it is disallowed or void, the rules on
intestate succession is subordinate to testacy. It is a crime to withhold the copy of the will. And the
person withholding the copy may be cited in contempt and/or detained until further notice or until that
person abides with the orders of the court to surrender the last will and testament of the testator. It is
not automatic or the one who retained or kept the copy is held criminal. Only when the court
summoned, and that despite notice, the person who is in custody of such will, that person shall be
retained under the custody of law by his confinement in prison. Whether probate or any form of judicial
settlement of estate. The court who has jurisdiction on the settlement of estate: know the rules as
amended regarding the value of real and personal properties. For personal properties, falls under the
jurisdiction of the first level court not exceeding 400k. for real actions or properties, the jurisdictional
value does not exceed 2m, otherwise the settlement of estate is with the regional trial court or second
level court. If the decedent is a resident of the Ph at time of her death, the court which has territorial
jurisdiction over his last known residence will have jurisdiction over the settlement of estate. If the
decedent is found to be a resident of another country but having properties left in the PH, the court that
has jurisdiction is the court which has territorial jurisdiction where the personal or real properties are
found. In case of real properties in various or several municipalities or cities, in either municipalities or
cities may the settlement of estate be filed. But once it is filed, it excludes all other courts having
jurisdiction over the subject matter or nature of action under the principle of adherence of jurisdiction.

In special proceedings, the effect of the pronouncement or decision of the court is generally in rem
because, take note of the jurisdictional requirements under which the court may continue to exercise its
power. The basic requirement of a settlement of estate is at least the publication of once a week for 3
consecutive weeks is an indispensable requirement. The giving of notices to creditors, known creditors
or heirs, and posting in a public conspicuous places is an indispensable requirement for the court to
continue to exercise its jurisdiction. The jurisdiction should be understood in its substantive context or
procedural context. Jurisdiction is defined and conferred by law, it is not the court, the parties to alter,
modify, increase or limit either by stipulation or by their act of omission, to change the jurisdiction of
the court over the subject matter or nature of action. In the concept of jurisdiction in its procedural
context, in special proceedings, the parties, specifically the petitioner, is required to strictly conform
with the requirements of law in order that the decision will attain its validtity, otherwise it is null and
void for lack of jurisdictional requirements. The legal force and effect is not in rem. In ordinary civil
action or special civil actions, the parties are called plaintiffs and defendants. Unlike in special
proceedings, the parties filing the petition is called petitioners, and the one who takes an objection, or
against whom the petition is brought, is called the oppositor, if it is an opposition, or respondents
against whom the petition is brought.

The court exercising general jurisdiction as distinguished from a court exercising special or limited
jurisdiction. The jurisdiction over the subject matter or the nature of the action, depends on the
personal property or real property involved. Another is the venue of actions, take note of the celebrated
case of uriarte, where a probate and intestate succession were filed over the estate of the decedent.
The court entertaining the proceedings is prior than the intestate court, because of the principle
wherein testacy is preferred than intestacy, even if the probate proceedings were filed earlier, the court
must give in due respect for the last will and testament of the decedent.

The jurisdictional requirements as to the issues that may be resolved by the probate or special
proceedings court are: one, the fact of death, fact of the existence of the inheritance of the decedent,
the determination of heirs whom are called in the succession of the decedent, the determination as to
who is the surviving spouse.
Can the special proceedings or probate court have the jurisdiction to determine title or ownership over
the properties? NO, it can rule only provisionally pertaining to the court having original jurisdiction. The
probate or special proceedings court has limited jurisdiction which are limited only to liquidation and
inventory, management and distribution of the estate of the decedent. In succession, the heirs do not
represent the personality of the decedent. The one who represents is the estate, the estate is a person
by legal fiction and cannot acts on its own, the representatives are the heirs. Estate is a person by virtue
of law.

Under rule 74

Extrajudicial forms of settlement of estate: 1) execution of a public instrument or contract, which is

called extrajudicial settlement of estate between and among the heirs; 2) the execution of affidavit of
self/sole adjudication. In the first mode, if all the heirs are of legal age, or those minors who are fully and
well-represented, and there are no debts or obligations over the estate, or even if there are existing
debts or obligations, they are fully covered and to be paid by the estate, all of the heirs may come into
an agreement in a form of the execution of a public instrument to adjudicate partition and distribute the
estate of the decedent between and among themselves. If there is only one, since there is nothing to
agree with or enter in a contract, the document to be prepared is self-adjudication. Look at the
requirements in order for it to have legal force and effect. Under article 777, the moment debt arises,
the transmissible rights are to the heirs, but there is a procedure to complete transmission. By way of
probate or intestate succession.

In the summary settlement of estates, no need for the appointment of executor because of the
miniscule amount. A special administrator is appointed when there is a delay and a need for the
management and preservation of the estate. Unlike in regular administrator, it has the power to take an
inventory, liquidation, administration and management of the estate. Special administrator has no
power to distribute, only acts of inventory and preservation of the estate.