Coverage and Pointers for Special Civil Actions Midterm Exam, April 19,

2023, 5:30-8:30PM

I. Distinctions between an ordinary and special civil action; examples not

common to both civil actions
II. Courts with jurisdiction for each special civil action
III. Rule 62 – Interpleader
a. Requisites
b. When interpleader is proper; when filed
c. Court with jurisdiction
d. Interpleader v. Intervention
e. Motion to dismiss
IV. Rule 63 – Declaratory Relief and Similar Remedies
a. Meaning and purposes of declaratory relief; two types of actions under Rule
63; Similar Remedies
b. When may court refuse a judicial declaration
c. Requisites for declaratory relief
d. Subject matter for declaratory relief
e. Court with jurisdiction
f. Filing before any breach or violation
g. Justiciable controversy
h. Reformation of instrument
V. Rule 64
a. Application of Rule 64/Remedy of the aggrieved party; application of Rule
65
b. Raising jurisdictional grounds
c. When to file petition; distinctions in the application of Rule 65 to other
tribunals, officers or persons;
d. Motion for new trial or reconsideration
e. Whether petition stays execution
f. Cases:
Lokin, Jr. v. COMELEC
Reyna v. COA
VI. Rule 65
a. Purpose and function of a petition for certiorari
b. Distinctions between R65 v. R45
c. R65 distinguished from appeal in general
d. Essential requisites for certiorari
e. Expanded scope of certiorari
f. Acting without jurisdiction; in excess of jurisdiction; grave abuse of
discretion
g. Exceptions to the requirement of a motion for reconsideration
h. When to file
i. Some proceedings where certiorari is a remedy/not available
j. Purpose and function of prohibition
k. Requisites for prohibition
l. Prohibition distinguished from certiorari
m. Nature and purpose of mandamus
n. Requisites for mandamus
 o. Ministerial v. Discretionary acts
p. When will mandamus lie or not lie (instances)
q. When writ of continuing mandamus is available
r. When writ of kalikasan is available; requisites
s. Court with jurisdiction over certiorari, prohibition, mandamus
t. Court where writ of continuing mandamus/writ of kalikasan is filed
u. Cases:
Leynes v. Former Tenth Division of the CA
Aquino v. Mun. of Malay
Resident Marine Mammals v. Reyes
Gios-Samar Inc. v. DOTC
MMDA v. Concerned Residents of Manila Bay
Abines v. Duque
VII. Rule 66
a. Nature and purpose of quo warranto
b. How petition is commenced
c. Against whom petition may be brought and who may commence
d. Jurisdiction and venue
e. Quo warranto under Omnibus Election Code
f. Quo warranto in the Omnibus Election Code distinguished from a quo
warranto in an appointive office
g. Judgment in quo warranto proceedings
h. Quo warranto against corporations
i. Cases:
Republic v. Sereno
VIII. Rule 67
a. Essence of expropriation; concept of public use
b. Meaning of just compensation
c. Exercise of eminent domain by LGUs
d. How LGUs may immediately take possession of the property
e. Stages in the expropriation process
f. Court with jurisdiction
g. Entry upon the property or possession thereof; deposit and notice
h. Entry upon the property or possession under RA 8974
i. When to ascertain just compensation
j. Right of the plaintiff after judgment and payment
k. Effect of non-payment of just compensation
l. Cases:
NAPOCOR v. Heirs of Macabangkit Sangkay
IX. Rule 68
a. Substantive law on real estate mortgage
b. When foreclosure is proper; demand to pay
c. Alternative remedies; splitting a single cause of action
d. Pactum commissorium
e. Court with jurisdiction
f. Modes of foreclosure of real estate mortgage
h. Applicability of Rule 68
i. Allegation in a complaint for foreclosure
 j. Judgment on foreclosure; payment or sale
k. Equity of redemption/Right of redemption
l. Sale of mortgaged property; effect
m. Confirmation of sale; effect of confirmation of sale
n. Writ of possession
o. Disposition of the proceeds of the foreclosure
p. Registration of the foreclosure sale
q. Deficiency judgment/surplus
r. Distinctions between judicial foreclosure and extrajudicial foreclosure
s. Cases:
Roldan v Sps. Barrios
X. Rule 69
a. Substantive law on partition
b. Prescription of action; effect
c. Court with jurisdiction
d. Modes of partition
e. Stages/phases in partition
f. Who may file/defendants
g. Matters to be alleged in the complaint
h. Cases:
Agarrado v. Librando-Agarrado
XI. Rule 70
a. Actions to recover possession of real property; their definitions; period to
file; issues in each action; their distinctions; the courts with jurisdiction
b. Court with jurisdiction in Rule 70
c. Allegations in forcible entry and unlawful detainer
d. Summary nature of the actions
e. Possession
f. Meaning of prior physical possession in forcible entry
g. Occupation by mere tolerance; when rule on tolerance does not apply
h. Who may institute the action for unlawful detainer or forcible entry
i. Effect of the pendency of an action involving ownership on the action for
forcible entry and unlawful detainer
j. Demand in unlawful detainer; form of demand; when not necessary
k. Resolving defense of ownership
l. Prohibited pleadings
m. Immediate execution of judgment (MTC)
n. Decision of the RTC on appeal
o. How to stay immediate execution of judgment
p. Persons bound by the judgment in ejectment cases
q. Cases:
Serdoncillo v. Benolirao
Sps. Javier v. De Guzman
Martinez v. Hrs of Lim
Madayag v. Madayag
Republic v. Sunvar
Mabalo v. Hrs. of Babuyo
XII. Rule 71
 a. Meaning of contempt of court
b. Basis for the power of contempt
c. Purposes and nature of contempt proceedings
d. Direct and indirect contempt
e. Civil and criminal contempt
f. Specific acts punishable as direct contempt
g. Penalties for direct contempt; summary proceedings in direct contempt
h. Remedy of a person adjudged in direct contempt
i. Nature of indirect contempt
j. Specific acts punishable as indirect contempt
k. Penalty for indirect contempt
l. How a proceeding for indirect contempt is commenced
m. Court where the charge of indirect contempt is to be filed
n. Remedy of a person adjudged in indirect contempt
o. Contempt against quasi-judicial entities
p. Criticism of courts
q. Contempt powers of legislature; local legislative bodies
r. Cases:
Re: Letter of the UP Faculty of Law
Marantan v. Diokno
Regalado v. Go

GENERAL INSTRUCTIONS FOR THE MIDTERM EXAM

1. The Midterm Exam shall be composed of 15 to 20 questions which may

or may not contain sub-questions.

2. All questions shall be answered in essay-type. All of the questions will

first require a “Yes” or “No” answer, followed by a concise legal explanation,
except when the question calls for a definition, distinction or when there are “role
playing questions” which require the students to resolve the case if they were the
lawyer, prosecutor, or the judge.

3. The Exam shall be for three hours from 5:30PM to 8:30PM on April 19,
2023.

4. The exam shall be handwritten and students must use the “BAR NOTES”
notebook by the ACC College of Law. Proper margins must be observed in the
answers.

5. Each question is worth five (5) points each. Please refer to below criteria
for grading:

5 points – Correct Legal Conclusion, Correct Legal Bases, Correct

Application of the law to the facts, Delivered in complete, brief, clear
and polished manner, with minimal errors in grammar.

4 points – Correct Legal Conclusion, Correct Legal Bases, Correct

Application to the facts, Delivered in a way that is attended by flaws
in communication.
 3 points – Correct Legal Conclusion, Incorrect Legal Bases or even if
correct, simultaneously invokes incorrect legal bases, inapplicable or
inappropriate, and Improper application of the law to the facts.

2 points – Incorrect Legal Conclusion, but in its discussion of legal

bases, the student exhibits capacity to reason, with coherent logic,
and with reference to adequate legal authorities.

1 point – Incorrect Legal Conclusion, demonstrates inability to

reason and communicate effectively, but there is an attempt to
answer befitting the question.

0 point – Student has no answer by leaving the space for answer

blank or even with an answer, the answer is ridiculous, irrelevant,
nonsensical, and gibberish.

With the criteria given to the students in advance, the student can self-assess and
gauge his/her performance in the exams.

6. Unless compelling reason exists, the student shall not be allowed to take
the exam in a separate date. If the student proves the compelling reason to take
the exam in a separate date, he/she must take the exam in advance or prior to
the scheduled exam date. If the student encounters an emergency that shall make
him/her physically impossible to take the exam on the scheduled date or prior
to the scheduled date, he/she should coordinate with the professor to take the
exam at a later date or schedule which is convenient to the professor (please note
that a separate exam after the scheduled exam date shall be comprised of an
entirely different sets of questions which may come from topics or cases which
may no longer be part of the original coverage).

Chill and Good luck. Enjoy Studying!