SPECIAL CIVIL ACTIONS

 
THESE ARE BASICALLY ORDINARY CIVIL PROCEEDINGS, BUT WHAT MAKES THEM SPECIAL ARE THE DISTINCT
PECULARITIES INHERENT IN THEIR VERY NATURE NOT FOUND IN ORDINARY CIVIL ACTIONS
 
 
 
 
1.INTERPLEADER (ITS AN ORIG ACTION)
 
A special civil action whereby a person who has property in his possession w/o claiming a right therein or an obligaiton to render  in whole or
part an interest which is not disputed by the claimant,comes to court and asks that the persons who considers themselves entitled that they may
demand compliance w/ obligation  be required to litigate among themselves  to determine who is entitled to the same.
--Complaint in interpleader must be answered 15 days from service of summons
 
 
 
 
2.REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT
 
Appeals from decisions of the Civil Service Commission are now brought to the CA by law (RA 7902 which took effect on February 1995) via
petition for review under Rule 43.
 

 
 
3.DECLARATORY RELIEF AND SIMILAR REMEDIES
 
PERSON INTERESTED UNDER A DEED OR WILL, CONTRACT OR   OTHER  WRITTEN INSTRUMENT OR WHOSE RIGHTS ARE AFFECTED BY A STATUTE OR  
EXEC.ORDER OR ORDINANCE MAY BEFORE BREACH OR  VIOLATION BRING AN ACTION TO DETERMINE ANY QUESTION   OF  VALIDITY  ARISING 
THEREFROM AND FOR DECLARATION  OF  HIS RIGHTS AND DUTIES.

 
Requisites for action for declaratory relief:
a.        Subject matter of controversy is a deed, will, contract, or other written instrument, statute, executive order, or regulation, or
ordinance;
    Court may refuse to adjudicate where decision would not terminate the uncertainty or controversy which gave rise to the action
OR where the declaration is not necessary and proper at the time;
b.        Terms and validity thereof are doubtful and require judicial construction;
c.        No breach of the document, otherwise ordinary civil action is the remedy;
    Must be before breach is committed, as in the case where the petitioner paid under protest the fees imposed by an ordinance. 
Declaratory relief still proper because the applicability of the ordinance to future transactions still remains to be resolved,
although the matter could be threshed out in an ordinary suit for the recovery of the fees paid.
d.        There is an actual justiciable controversy between persons whose interests are adverse;
e.        The same is ripe for adjudication;
f.         Adequate relief is not available through other means or other forms of action or proceeding.
 
An action for declaratory relief may also be brought for the reformation of an instrument, to quiet title to real property or remove clouds
therefrom, or to consolidate ownership.
To register his title to real property bought with a right of redemption, the buyer must file an action for declaratory relief.
 
(2005 notes) It is not available  in breach of  contract or statute  and that whenever a person who is adversely  affected  is not  included as
defendant  ,such is not bounded by the action for declaratory relief (Degala v. Reyes)
 
(2005 notes) It is also not available when it is a Political Question, Declaration of  Citizenship, Petition to seek relief from a moot and academic
question or if  decision does not terminate uncertainty  or controversy.
 
 

 
Grounds for the court to refuse to exercise declaratory relief
1.        a decision would not terminate the uncertainty or controversy which gave rise to the action, or
2.        the declaration or construction is not necessary and proper under the circumstances.
 
 
 
4.CERTIORARI, MANDAMUS AND PROHIBITION
 
Certiorari – to correct errors of jurisdiction; refers to only to judicial or quasi-judicial functions
 
BAR: While trial was going on,lawyer of Mario Reyes discovered there was improper service of summons, since it was sent by registered mail.
He filed a motion to dismiss on ground of court’s lack of jurisdiction over person of Mario. If MTD is denied, what is recourse of Mario?   It is
not immediate appeal since order is interlocutory, but since issue raised is lack of jurisdiction over his person, he may file petition for certiorari
under Rule 65.
 
BAR:On Jan 3,1991, 4blue Corp. filed a complaint for foreclosure of real estate mortgage against one of its sales agents. A,who was discovered
to have incurred a shortage in his account. Mortgage was executed to guarantee faithful compliance with his duties and responsibilities as agent.
Impleaded in complaint as co-defendants were A’s co-mortgagors Band C.
Acting on defendant’s MTD, court dismissed complaint in order dated Feb 15,1991, a copy of which was received by 4blue on Feb 18. On March
15 and definitely within reasonable time, 4blue filed with SC a special civil action for certiorari alleging that trial court acted in excess of
jurisdiction.
HELD: SC should not give due course to petition since the proper remedy is appeal from order of dismissal. Certiorari under Rule 65 cannot take
the place of a lost appeal.
 
 
 
 
 
2005 notes:when may a sca for certiorari be given due course ,nothwithstanding that no motion for reconsideration has been filed before
the lower court?
 
1.issue raised in purely one of law
 
2.public interest is involved
 
3.matter is one of urgency
 
4.question of jurisdiction was squarely raised, submitted ,met and decided by the lower court
 
5.where order is a patent nullity
 
 
 
 
 
Grounds for the court to moto propio dismiss the special civil action for CPM
1.        patently without merit
2.        prosecuted manifestly for delay, or
3.        the questions raised therein are too unsubstantial to require consideration.
 
 
 
 
Prohibition – to prevent respondent from usurping a jurisdiction which it is not legally vested; refers to judicial, quasi-judicial or ministerial
functions
 
It is directed ANYBODY.The result is the respondent is ordered to desist from further proceedings.
 
(BAR) An action that seeks to recover ownership and possession of a parcel of land. B filed a motion to dismiss this complaint file w/ RTC of
Manila on ground of improper venue. Court denied motion. B filed motion for recon of the order denying his motion to dismiss. Court also
denied this motion. Thereupon, b filed w/ SC a petition for certiorari.
HELD: Remedy taken by B is not proper. B should file petition for prohibition.
 
2005 notes:  Prohibition is generally directed against a court or judicial officer while injunction is directed  against private parties. Prohibition
strikes at the very essence of jurisdiction, whereas ,injunction ordinarily recognizes jurisdiction of the court.
 
 
 
Mandamus – to require or compel the respondent to perform a particular duty, which duty results from the official station of the respondent, or
from operation of law; refers only to ministerial
 
 
2 Concepts:
1.POSITIVE REMEDY--Mandamus is a special civil action whereby a court of jurisdiction commands an inferior tribunal, corp or person to
perform a particular duty w/c the law requires to be done resulting from such office or trust.
2.NEGATIVE REMEDY--Mandamus is a preventive remedy whereby a person is directed to desist from unlawfully excluding another from the
use/enjoyment of an office,trust or station.
2005 Notes: Mandamus in both remedies  is directed against entities exercising only ministerial functions. The result is the respondent is ordered
to desist from further proceedings.
HELD: I will file Quo Warranto to compel X to show by what right he continues to hold office as mayor to which B was newly elected to the
position.
X not merely excludes B from the use and enjoyment of the office, but lays claim to such office. If X merely excludes B from the office, w/o
making a claim to it under a color of law, then ,the remedy would be mandamus.
 
 
 
2005 notes: Mandamus will lie in the following cases:
 
1.Necessity to compel performance of a ministerial act w/c law requires to be performed by an officer of the legislative department.
2.Need to compel the performance of a ministerial act but not to compel a discretionary duty
3.Issuance of executon by a municipal judge in a case where the defendant fails to pay rent within the time fixed in the judgment.
4.Where there is need for the court to grant permission to 3rd persons to intervene in an action authorized by law.
 
 
 
5.QUO WARRANTO
 
A demand made by the state upon some individual or corporation to show by what right they exercise some franchise or privilege appertaining to
the State which according to the Constitution or the laws of the land, they can not legally exercise by virtue of a grant or authority from the State
 
Grounds for quo warranto filed by the government
1.        a person usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise;
2.        a public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office; or
3.        an association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act.
 
Venue for quo warranto(Sec7)
1.        SC, CA or RTC exercising jurisdiction over the territorial area where the respondent or any of the respondents resides, or
2.        SC, CA or RTC of Manila – if commenced by the Solicitor General
 
 
Periods for Instituting QW: 
 
1.Against corporations- w/in  5 yrs after act complained was committed.
 
2.Against public officers/ee for his ouster from office- w/in 1 yr from outster
 
3.Action for damages by persons entitled to office – w/in 1 yr after entry of judgment establishing his right to office
 
 
(BAR) V was director  and L the assistant. V met an accident, so L took over. After 7 mos, L refused to relinquish position. What judicial remedy
may V avail?
HELD: Quo Warranto since L asserts right of office under some color of law. Had L merely usurped w/o claiming right to it, then remedy would
be mandamus. V may bring action anytime during period L refuses to turn over the office.
 
 
Does V have to bring matter to the Office of the Sec of Agriculture, then to President for administrative remedy before he goes to court?
HELD: NO, question is to whether L is entitled to seat as director is a legal question.
 
 
 
 
6. EXPROPRIATION   (EMINENT  DOMAIN)
 
Power of the sovereign state to take or authorize the taking of any property within jurisdiction for the public use and without the owner’s consent
 
 
2 Stages in Expropriation (2005 notes)
1.Determination by court of the authority to exercise it & the propriety of the grant
2.Determination of compensation by the 3 commissions designated by the court .The designation is compulsory
 
 
 
 
 
7.PARTITION
 
Division into severalty of any property owned in common which might be effected in any 2 ways:
 
 
a.Consent of parties designated as extra-judicial partition
 
If after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest.
A final order decreeing partition and accounting may be appealed by any party aggrieved thereby.
 
 
b.Compulsion  of law called judicial partition.
 
 
 
 
 
 
Voluntary partition(Sec2)
1.        parties agree to make the partition among themselves by proper instruments of conveyance
2.        the court confirms the partition so agreed
3.        partition, together with the order of the court confirming the same, recorded in the RoD of the place in which the property is situated
 
 
 
 
 
If the parties are unable to agree upon the partition
 
1.        the court shall appoint not more than 3 competent and disinterested persons as commissioners to make the partition
2.        commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct
3.        commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners. The oath shall be filed in
court.
4.        The commissioners shall
a.        view and examine the real estate, after due notice to the parties to attend at such view and examination, and
 b.        hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof
c.        set apart the same to the parties in lots or parcels as will be most advantageous and equitable, having due regard to
1)       the improvements
2)       situation and
3)       quality of the different parts
5.        When the real estate, or a portion thereof, cannot be divided without prejudice to the interests of the parties, the court may order it
a.        assigned to one of the parties willing to take the same, provided he pays to the other parties such amounts as the commissioners deem
equitable
b.        sold at public sale by the commissioners, if one of the interested parties so asks
6.        The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real
estate to one of the parties, or the sale of the same.
7.        Upon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed 10
days within which to file objections to the findings of the report, if they so desire.
8.        Upon the expiration of the period of 10 days, 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
a.        accept the report and render judgment in accordance therewith; or
b.        for cause shown, recommit the same to the commissioners for further report of facts; or
c.        set aside the report and appoint new commissioners; or
d.        accept the report in part and reject it in part; and
e.        may make such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value 
9.        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.
8.JUDICIAL FORECLOSURE
 
Effect of Confirmation of Sale by Court in a Judicial Foreclosure:
 
1.Title becomes fully vested upon the purchaser
 
2.He has right to enforce his title by a writ of possession as distinguished from writ of execution
 
3.It is ministerial upon the court to issue such writ of possession w/c can be enforced even after 5 years from date of finality of judgment (so long
as no 3rd persons are adversely in possession of such property)
 
 
 
 
Remedies Available to Mortgagee whose credit is secured by REAL ESTATE   mortgage (in event the mortgagor fails to pay upon the 
principal obligation)
 
 
1.Abandons mortgage and sue mortgagor for recovery of mortgage debt as an ordinary money claim
 
2.Files an action to foreclose the mortgage and rely solely on the proceeds of the sale.
 
3.Forecloses the mortgage and should there be any deficiency ,he may claim for deficiency judgment
 
2005 notes: Whenever he makes a choice on any of these 3, the mortgagee waives the others.
 
2005 notes:Right of Equity Redemption—right granted to mortgagor to pay his debt w/in the 90-day period. Right of mortgagor to redeem his
property is suspended by an appeal  taken  but is revived upon affirmation of judgment by appellate court.
 
 
 
Remedies of Vendor in sale of PERSONAL PROPERTY in Installments:
 
 
1.Exact fulfillment of obligation whenever vendee fails to pay
 
2.Cancel sale, should vendee’s failure to pay covers 2/more installments
 
3.Foreclose chattel mortgage on thing sold (if one has been constituted) should vendee’s failure to pay cover 2/more installments
In this case, he shall have no further action against purchaser to recover unpaid balance ,any agreement to contrary is void.
 
 
2005 notes: Action for recovery of deficiency judgment on a mortgage debt of P20,000 is a personal one and may be instituted in the place where
plaintiff (one who files action) resides.
 
2005 notes: The Chattel Mortgagee is not the owner of the personal properties subject to Chattel Mortgage and does not transfer title of such
properties. Neither is he entitled to possession of the property upon the execution of the Chattel Mortgage ,otherwise, the contract becomes a
pledge and ceases to be a Chattel Mortgage.
 
Order of Attachment may be properly issued in case of foreclosure of mortgage:
 
However, such attachment pertain only to property of defendant not covered by mortgage
 
And upon showing by affidavit that value of  mortgage property is not sufficient to cover the debt and the debtor has disposed or is about to
dispose of his property w/ intent to defraud creditor
 
Writ of execution issued in favor of petitioner after lapse of redemption pd cannot be negated by injunctive order issued by the court hence
purchaser at foreclosure is entitled to possession.
 
Difference between Extra-Judicial from judicial:
 
EJ:           Quicker remedy
                Pd of redemption is w/in 1 yr from date of sale at public
                Auction
 
J  :            Effected through regular procedure
Pd of redemption is at any time before court confirms sale
Except: foreclosures effected judicially by PNB,DBP…..
                Where redemption of such is w/in 1 yr from sale.
 
 
Deficiency judgment.
If upon the sale of any real property there be a balance due to the plaintiff after applying the proceeds of the sale
1.        the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be
personally liable to the plaintiff
2.        if the balance is
a.        all due at the time of the rendition of the judgment – execution may issue immediately
b.        not all due at the time of the rendition of the judgment – the plaintiff shall be entitled to execution at such time as the balance
remaining becomes due, which time shall be stated in the judgment
Registration
A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds.
1.        If no right of redemption exists - the title of the mortgagor is cancelled, and a new one for the purchaser is issued 
2.        Where a right of redemption exists
a.the title of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief
memorandum thereof made by the registrar of deeds upon the certificate of title.
b.Where the property is
1.Redeemed – the deed of redemption shall be registered with the RoD, and a brief memorandum thereof shall be made by the RoD on
said certificate of title.
2.not redeemed – the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with
the RoD; whereupon the title of the mortgagor is cancelled and a new one for the purchaser is issued
9.FORCIBLE ENTRY & UNLAWFUL DETAINER
 
In Forcible Entry, regardless of the manner in w/c defendant acquired possession over the property by force or violence from w/c the plaintiff
seeks to eject him, the law guarantees his peaceful possession  and only through proceeding may he be deprived of his quiet and peaceful
possession.
 
In Unlawful Detainer, possession of defendant over plaintiff’s property is legal from the beginning. Such possession became unlawful by reason
of expiration of  latter’s right to the possession of plaintiff’s property as when he violates the terms of the contract of lease by non-payment of the
rentals.
 
 
3 kinds of action for recovery of possession of real property:
1.        Accion Interdictal- summary in character provided under  Ley Enjuiciamiento Civil of 1881, purpose is to recover ownership and
possession.
2.        Accion Publiciana- Plenary action to recover right of possession
3.        Accion Reivindicacion- action which seeks to recover ownership and possession
 
Who may institute proceedings
1.        a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or
2.        a lessor, vendor, vendee, or other person 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, or
3.        the legal representatives or assigns of any such lessor, vendor, vendee, or other person
 
When – at any time within 1 year after such unlawful deprivation or withholding of possession
 
Where – before the MTC who have original jurisdiction over forcible entry and detainer acitons (and if such is not more than 1 year), RTC (if
more than 1 yr or if no force,intimidation or when question of title is in issue )
 
 
 
 
 
 
Remedy of Possessor deprived of possession:
 
FE- w/in 10 days from filing of complaint for ejectment, present a motion to secure from competent court a writ of prelim mandatory injunction
to restore him in his possession. The court shall decide motion w/in 30 days from filing thereof (Civil Code).
UD- Prelim mandatory injunction is not applicable in orig actions for unlawful detainer, except in case of appeal, whenever the appellate court
finds that the appeal taken by the lessee isfrivolous or dilatory or that the appeal of the lessor is prima facie meritorious.
Unless otherwise stipulated, an unlawful detained by the lessor shall be commenced only after (sec 2)
1.demand
a.        to pay or comply with the conditions of the lease and
b.        to vacate
2.made either
c.        upon the lessee, or
d.        by serving written notice of upon the person found on the premises, or
e.        by posting such notice on the premises if no person be found thereon
3.and the lessee fails to comply within
f.         15 days in the case of land or
g.        5 days in the case of buildings
 
2005 notes: If defendant has vacated the premises in an ejectment suit ,the case would become moot and academic and should be dismissed since
the vacated premises have already been delivered to the ower (Tinio v Castro)
 
 
 
Sec. 3. Summary procedure (WAG KALIMUTAN!!!!)
All ejectment actions, irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary
procedure, except in cases
1.        covered by the agricultural tenancy laws or
2.        when the law otherwise expressly provides
 
Pleadings allowed to be filed (sec4)
1.        complaint
2.        compulsory counterclaim
3.        answers
4.        cross-claim pleaded in the answer
All pleadings shall be verified.
 
The court may, from an examination of the allegations in the complaint and such evidence as may be attached thereto(sec5)
1.        dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein, or
2.        if no ground for dismissal is found, issue summons
 
 
 
 
 
 
 
 
 
 
10.CONTEMPT
 
Willful defiance/open disregard of the authority and dignity of a court either by disorderly behaviour or insolent language uttered  in its presence
either to disrupt proceeding or any failure to obey its lawful orders or processes.
 
DIRECT CONTEMPT INDIRECT CONTEMPT
Not need to have written charge Must have formal written charge or verified complaint
Summary judgment Hearing is mandatory
Not appealable; only remedy is special civil action for certiorari or Appealable by notice of appeal
prohibition
Punished up to P2,000 fine and/or 10 day imprisonment if committed Punished up to P30,000 fine and/or 6 months imprisonment if
against superior courts; P200 and/or 1 day if committed against lower committed against superior courts; P5,000 and/or 1 month if
courts committed against lower courts
 
Criminal contempt- Act committed in willful disrespect to court.
Civil contempt- failure to comply w/ an order of the court and is intended for the benefit of another in a judicial proceeding.
 
 
 
When is exercise of power to punish contempt improper and when it is appropriate:
Not Appropriate:
Not necessary in the interest of justice considering the fact that proceeding involved  is not only drastic but also extraordinary

 
Appropriate (also the grounds of  Indirect contempt)
 
2005 notes: In indirect contempt, a written charge must be filed, and a hearing conducted. But the court may order the arrest of the respondent
and to detain him pending the contempt proceedings.
 
1.        Misbehavior of an officer of a court in the performance of his official duties or in his official transactions;
2.        Disobedience of or resistance to a lawful writ, process, order, or judgment of a court
3.        abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt
4.        improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice
5.        assuming to be an attorney or an officer of a court, and acting as such without authority;
6.        failure to obey a subpoena duly served;
7.        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.
Note that a losing party in an ejectment case does not commit contempt by mere refusal to leave the premises. But if such party had been
dispossessed pursuant to a court order, but subsequently disturbs the possession of the prevailing party, he now commits contempt.