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Special Civil Actions notes


Academic year: 2021

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Q: What is so special about special civil actions? Why are they called special civil actions?

A: Because each particular civil actions are governed by their own special rules. Ordinary rules of court does not apply to them but is only suppletory in character. For example some special civil actions have no summons, the court acquire jurisdiction over the respondent in a different manner but in ordinary actions summons is mandatory. Like in certiorari, there is no issuance of summons there, the court acquire jurisdiction by the issuance of order to file a commnent.

Distinguish Rule 65 with Rule 45

In special civil actions in Rule 65 it says there that the tribunal, body, board, officer, corporation are only nominal parties and under regulations now of the SC, circulars, the tribunal, corporations under or impleaded as respondent are not suppose to appear and not suppose to file pleadings, let the private respondents do that for them.

That is why in certiorari, you say petition for certiorari Juan De la Cruz vs RTC branch 45 manila then name of respondent. The principal respondent there is the tribunal court or bodies, but they become nominal in the process. Q: Name the special civil actions?


1. Rule 62 Interpleader

2. Rule 63 Declaratory Relief and Similar Remedies

3. Rule 64 Review of judgments and final orders or resolutions of the COMELEC and COA 4. Rule 65 Certiorari, Prohibition and Mandamus

5. Rule 66 Quo Warranto 6. Rule 67 Expropriation

7. Rule 68 Foreclosure of Real Estate Mortgage 8. Rule 69 Partition

9. Rule 70 Forcible Entry and Unlawful Detainer 10. Rule 71 Contempt


Q: Which court has jurisdiction in an action for interpleader?

A: It may be taken cognizance by MTC or RTC. It depends upon the subject matter of the interpleader. Q: Why does it depend upon the subject matter? What can be the subject matter of an interpleader?

A: Property whether real or personal may be the subject matter of an interpleader, aside from that performance of an obligation may also be the subject matter of an interpleader.

Note: Performance of the obligation cannot be filed in the MTC because it is incapable of pecuniary estimation which is only cognizable by the RTC. Performance of an obligation amounts to specific performance which is not capable of pecuniary estimation.

For example you found a wallet, you surrender it to the dean, upon opening of the wallet it was found to contain a check worth 350k payable to cash. A,B,C, and D alleges ownership. The dean has no other choice but to file an action for interpleader because there are 4 different claimants. Another example is A and B are lessor and lessee over an apartment unit. At the end of the contract of lease A would like to surrender the premises to B, but C and D came forward and said they are entitled to that. A now does not know to whom to deliver, therefore A should file an interpleader. Example of obligation, to paint, sculpt, perform.

Q: How do you distinguish now interpleader from intervention?

A: Interpleader is a special civil action while intervention is an ancillary action. In the former there can be no single defendant, there must be at least 2 defendants while in intervention there can be 1 defendant. In the former there is no action yet while in the latter there is already a pending action.

Note: If you are asked to make a distinction do not define one and period because you are not stating a distinction at all.

Q: After an action of interpleader is filed, what happens next? A: The court shall order the respondents to file their answer.

Note: This is the only rule where there is a section for a motion to dismiss. Defenses and objections, that is what is meant there.

After filing an answer and once the issues are joined then you go to the regular rules of court which is you go to pretrial then trial.

Q: What should the judgment be by the court in an interpleader case?

A: The judgment shall be a declaration as to who is entitled or who is the legitimate or entitled to the real or personal property or of the performance of the obligation.

Wakwak golf case

Interpleader is a compulsory counterclaim. When Tan filed a case against Wakwak knowing already that there is another claimant, it could have and it should have filed a compulsory counterclaim of interpleader. For not doing so, it is considered that it had waived its right to any action against the defendant.

Q: Can there be a compulsory intervention? A: Yes it can happen.

Eternal Garden vs IAC

Court may order that the subject matter be paid or delivered to court. And the person who filed the interpleader having no interest over the subject matter should be ordered by the court to do so.


So if you have an action for interpleader you should ask the court to deposit.

Q: What if the action is for the performance of an act, can you ask for its deposit? A: No, the person who is obliged to perform will not stay there. It is only applicable to real or personal property.

RULE 63 DECLARATORY RELIEF AND SIMILAR REMEDIES Q: Which court has jurisdiction over declaratory relief?

A: RTC has original and exclusive jurisdiction because the subject matter is not capable of pecuniary estimation. Note: The real declaratory relief is stated in the first paragraph of Sec. 1 Rule 63, the 2nd paragraph which pertains to reformation of instrument or quieting of title is not declaratory relief it is similar remedies. The 2nd paragraph was added there to give life to certain provisions of the Civil Code which has no corresponding procedural aspect. It is even misplaced, it should fall under ordinary action.

Q: What’s the venue?

A: If personal action, where the plaintiffs or respondents resides at the option of the plaintiff. Q: What is the subject matter?

A: Any contract, will, deed, or other instruments or whose rights are affected by a statute, executive order or regulation, ordinance or any other governmental regulation.

Q: What is the condition? What is the peculiarity there?

A: Before breach of contract or violation of the statute. If there is already violation in the contract or statute then declaratory relief is no longer applicable.

Meralco vs Philippine Consumers 374 SCRA

There was a PD by Marcos reducing the Tariff rate of electricity from 5% to 2% and then the Phil. Consumers

Foundation Inc. wanted that the 3% reduction be given to the consumers. The BOE denied it. It was never appealed so the order of BOE became final and executory. 5 years after PCFI filed an action for declaratory relief. SC dismissed it because the PD has long been breached already. The doctrine here is that you cannot file an action for declaratory relief if there is already breach.

Example Makati issued an ordinance banning smoking even on the street effective on Dec. 20, 2008. Before Dec. 20, 2008 arrives you have the right to file an action for declaratory relief. Pero pagdating ng Dec. 20 no more, because once Dec. 20 arrives there is a reasonable presumption that there is already a violation.

Q: Suppose you’ve already filed an action before breach, then pending action there is already breach, then what happens?

A: Then the action shall be converted into an ordinary action. Q: How do you convert the action?

A: File a motion to amend action with leave of court.

Q: Example a regulation of a school was issued stating that by the school year 2008-2009 starting June tuition fees shall be raised by 120%. There was already a circular to that effect. Declaratory relief was filed, pending action June 2008 came. The increase was already collected from the students so you convert your action for declaratory relief to what kind of action?

A: Convert is to collection of sum of money.

A and B are lessor and lessee of a property. And the contract of lease is for a period of 10 years from year 1990 to year 2000. In 1995 the land was overrun by MNLF and so the lessee left the property. 4 years thereafter, in 1999 the MNLF was driven away by the military so B returned to the premises. He files for an action of declaratory relief asking the court to determine whether the contract will expire 2000 or 2004. why? Because he was not able to avail of the 4 year period when it was under the possession of the MNLF. So he filed for declaration of relief, but the action has not yet terminated it is already 2001, by 2001 the action must be converted into what? Into either unlawful detainer or forcible entry as the case may be or for recovery accion publiciana.

Q: Is the court bound to make a judgment in an action of declaratory relief? A: No, another peculiarity here is that the court is not bound to make a judgment. Q: When is it not bound to make a judgment?

A: When there will be no finality in the resolution of the rights and privileges Manhattan Bank New York

MBNY is a trustee of a will and one of the named devisee in the will filed an action for declaratory relief without asking the court to determine who are the compulsory heirs and what are their specific rights under the will. The petitioner did not implead the compulsory heirs, the court refused to render judgment because even if it did it will not finished or end the controversy.

RULE 64 REVIEW OF JUDGMENTS AND FINAL ORDERS OF THE COMELEC AND COA Remember that Rule 64 cross refer you to Rule 65 so we do not have to discuss Rule 64 Q: What is the difference between Rule 64 and Rule 65?

A: In Rule 64 it only applies to COA and COMELEC while in Rule 65 there is no specific agency. In the former the petition should be filed 30 days from receipt of notice while in the latter it is filed 60 days from notice. In the former it is solely cognizable only by the SC while in the latter there is concurrent jurisdiction between SC, CA, RTC and even Sandiganbayan but in the case of the latter the only limitation being is it should only be in aid of its appellate jurisdiction.


Rule 65 Certiorari Prohibition Mandamus

Petitioner (Plaintiff) Any aggrieved party Same same

Respondent T – B – O Tribunal, Board, Officer, Person, Corporation T – B – O – P – C Grounds 1. Lack of jurisdiction

2. Excess of jurisdiction

3. Grave abuse of discretion amounting to lack of jurisdiction Same 1. Neglect in the performance of the act enjoined by the law

2. Unlawfully excludes the enjoyment of an office or franchise

Functions of respondents Judicial/quasi judicial functions (discretionary) Same + ministerial functions Same as prohibition

Conditions 1. No appeal

2. No plain, speedy, adequate remedy in the ordinary course of law Same

Judgment To annul/void judgment or final order To cease and desist Order to do but may award damages Let us now discuss these:

Q: We do not have any problem in the aggrieved parties. How about the respondents?

A: In prohibition you add the person and the corporation and remember that this used to be under the jurisdiction of the SEC, but this is no longer true. How about this person? This is not ordinary individual person but a person exercising quasi judicial function. Remember that quasi judicial bodies as we have studied does not belong to the judiciary and a lot of them falls under the executive branch of the government and that includes the NLRC. The NLRC is not a judicial body but it exercises quasi judicial functions.

UP Board of Regents vs Tailan

Board was considered as a body exercising discretionary function, in effect quasi judicial. Even in an administrative bodies, a school board, when it rules that a student is not entitled to be enrolled in said school due to some grounds. Lapid vs Laurea

Requirement of certiorari

Q: Give example of lack of jurisdiction?

A: Tribunal, body, board or officer has no authority to decide the case. Example MTC rendered a judgment on an issue which the subject is not capable of pecuniary estimation.

Russel vs Vestil

Note: Under Rule 45 which is a mode of appeal, the body there acted with jurisdiction that is why the ground cannot be any of the 3 because it is a mode of appeal. It is called errors in judgment. Under Rule 65 it is errors of jurisdiction. Errors of judgment are correctible by an appeal, while error of jurisdiction is correctible by certiorari.

Q: Give example of excess of jurisdiction?

A: Here the court has jurisdiction but it exceeded its authority. Example is when MTC in a case of reckless imprudence resulting to homicide rendered a judgment of conviction of 20 yrs imprisonment. This is clearly excess of jurisdiction. Before amendment in summary procedure, attorneys fees are limited to 20k wala na yan ngayon. So if a court grants more than 20k as attorneys fees under the old law it is clearly excess of jurisdiction. Under the new law it may be grave abuse of discretion but not anymore excess of jurisdiction.

Court penalizes lawyer in the amount of 20k for direct contempt for coming late. Maximum penalty is 20k so no excess of jurisdiction but maybe grave abuse of discretion.

Q: What is grave abuse of jurisdiction amounting to lack of jurisdiction?

A: It is a capricious or whimsical exercise of judgment and despotic or arbitrary exercise thereof.

Certiorari is always questioned in the bar or at least it is always mentioned. So if you are asked a question about certiorari and you do not know whether it is excess of jurisdiction or grave abuse of jurisdiction amounting to lack of jurisdiction, just remember 4 adjectives – whimsical, capricious, despotic and arbitrary. When you see any of these words, it is grave abuse of discretion because in all jurisprudence involving certiorari, these are the words often used by the SC. But there may be a case wherein it does not use the specific words, kaya dapat alam nyo ang meaning and synonyms of these terms.

Q: When is it capricious? How about whimsical? Despotic? Arbitrary? A:

Note: That the word capricious and whimsical always go together. You will not find one without the other. It means it is only based on whim, there is no need, no necessity. It is unreasonable.

Arbitrary naman is no basis, unwarranted, baseless, the law does not provide. Despotic on the other hand is when it is done out of passion, out of revenge, out of hatred or out of love. Remember despotic pa rin yan kahit out of love. Relationships, maraming jurisprudence dyan, kaya lawyers always file motion for inhibition.

Q: Give example of grave abuse of discretion?

A: In filing a motion to quash grounded on double jeopardy and in your motion you attached the judgment of conviction of your client. Very clear he has been convicted already. Court denied motion stating yes you have been convicted of rape of my daughter but it is still denied. Why? Because I have 2 more daughters….LOL.

Note: In all of these grounds – lack of jurisdiction, excess of jurisdiction, grave abuse of discretion. Ang malimit mong mabasa is grave abuse of discretion kasi very clear pag excess of jurisdiction and lack of jurisdiction.

It is important that you must establish the existence of whimsical, capricious, despotic or arbitrary. If you cannot establish that then the court should deny it because it would then be an error of judgment and not error of jurisdiction. The remedy would be wrong. And at the time of said judgment the case would be final and executory because the right to appeal is lost because the period for filing an appeal has already lapse.


Note: Discuss mandamus with quo warranto because of the similarities between the 2.

Q: Let us now go to functions of the respondent. In Certiorari the functions are judicial and quasi judicial function. Now, what is judicial function?


Q: The distinction lies in the root of its power since both exercises the same power which is the power to hear and determine a case, so what is the root of its authority?

A: In judicial function the root of its power comes from the judiciary itself while in quasi judicial function the roots of its power comes from the legislative or the executive department.

Note: Do not confuse it to discretionary or ministerial functions Q: How do you distinguish one from the other?

A: In ministerial, the court is left without the choice but to grant it if all the rules and requirements are complied with, while in discretionary it may deny or grant but within the parameters, it cannot go beyond said parameters. Example is giving penalty of 6 years 1 day to 12 years. The court has discretion what specific penalty to give but it must be within said period depending upon certain circumstance.

Note: That the grounds in prohibition is the same even if the function is merely ministerial kasi pwede pa rin na whimsical, capricious, despotic or arbitrary. But which is clearer? Yung discretionary function sa certiorari because it is very clear because of the parameter in discretionary. So if it exceeds the parameter clearly grave abuse of discretion amounting to lack of jurisdiction (????).

Conditions are that there must be no appeal and there is no other plain, speedy, adequate remedy in the ordinary course of law.

Q: Why no appeal?

A: Generally, certiorari cannot be a substitute for an appeal. Remember this, madaming ramifications to. If appealable, no certiorari, as a general rule, so why go to certiorari? Because it is not appealable. Example of those which are not appealable are interlocutory orders. Decisions in labor cases, does not allow appeal so your remedy is certiorari. Why no appeal again? Because you could have appealed but you did not, you have now lost your right to appeal. But these time the loss of appeal here is not due to any others fault but your own. If it is your own fault, you cannot apply for certiorari. You loss your right to appeal not because of your own fault. Example lawyers fault, although the general rule is fault of lawyer is also fault of client, but there are exceptions there like Rule 38 Sec 1 Relief from judgment; Sec. 2 Rule 38 Relief from denial of appeal. You left for abroad while pending case, lawyer received decision but he did not notify you. When you return it can be excused.

The other condition, no plain, speedy, or adequate remedy in the course of law, in other words you could have filed a motion for reconsideration or you could have appealed because it is still available, but appeal or MR are not speedy or adequate remedy in the ordinary course of law. Example motion to quash was denied, may appeal dun, pero certiorari is the better rule, why? Because if you saw appeal, tuloy tuloy pa rin ang kaso. You cannot desist from proceeding the case, are you going to subject, are you going to endanger the client to be convicted later on? So instead of an appeal or MR then you go to certiorari where the other court will immediately strike down the resolution.

Q: What is the character of Rule 65 as distinguished from rule 45? A: Rule 65 is a special civil action while rule 45 is a mode of appeal.

The ground for filing an appeal under Rule 45 is error of judgment which can either be: 1. Insufficiency of evidence

2. Judgment is not according to the facts 3. Damages awarded is contrary to law

The ground for filing certiorari under Rule 65 is error of jurisdiction which can either be: 1. Lack of jurisdiction

2. Excess of jurisdiction

3. Grave abuse of discretion amounting to lack or excess of jurisdiction. Q: What are the grounds for filing of an action for prohibition?

A: Same grounds with certiorari.

Q: What are the grounds for filing an action for mandamus? A:

1. Neglect in the performance of duty imposed by law 2. Exclusion from enjoyment of an office

Q: Doctrine in the case of Lapid V. Laurea A:

1. Requirement preparatory to the filing of petition for certiorari

General Rule: Filing of a motion for reconsideration is mandatory to give the tribunal a chance to correct itself Exception: Purely questions of law which raises questions of error of jurisdiction

2. Specific dates must be stated as to when the judgment was rendered, when notice of judgment was received, filing of Motion for reconsideration and receipt of order with respect to the denial or grant of the motion.

Q: What is the period for filing of certiorari?

A: Period of 60 days from receipt of copy of judgment. Q: Does the Neypes doctrine or fresh day rule apply?

A: The jurisprudence does not specifically provide that it should likewise apply to Rule 65 because it speaks only of appeal. However according to a noted professor, the fresh day rule applies both to Rules 45 and 65 unless a new jurisprudence would otherwise provide.


NOTE: There was an old SC circular which provides that the 60 day period includes the filing of a Motion for

Reconsideration. However, in 2005 there was a new circular which states that the old circular does not apply to Rule 65 so the 60 day period is counted from the notice of receipt of denial of the motion for reconsideration.

Q: Doctrine of UP Board of Regeants Case

A: In mandamus rights must be very, very clear so that if the right is doubtful, mandamus will not lie.

Q: Distinguish mandamus from quo warranto. For example: Mayor Atienza has a city attorney which is Atty. X whom he replaced with Atty. Y with no valid reason. Against whom may Atty. X file mandamus and against whom may he file quo warranto?

A: Atty. X can file mandamus against Mayor Atienza because by the latter's act he was excluded from the enjoyment of his office. Atty. X can file quo warranto against Atty. Y because he is a usurper of Atty. X's office.


Q: What is the doctrine in the Mendoza Case?

A: Quo warranto is directed against the person and not against the office. Also plaintiff is not entitled to backwages. Q: Who initiates Quo warranto?

A: Office of the Solicitor General, public prosecutors and relators. Q: Who are relators?

A: Private citizen who is entitled to the office.

Classic Example: Ninoy cannot file quo warranto against Marcos so his remedy was to file prohibition. He did not succeed. He succeeded in the tarmac when he died. What is the moral of the story? Whatever you cannot do living, you might succeed in death.

Q: Example 4 candidate for councilor filed a quo warranto against 8 elected counsilors of Manila. The court dismissed the case. Why?

A: It is a rule that in filing quo warranto the person filing should be entitled to the position. So in this case it was dismissed because how can 4 people fill up the position of 8 councilors.

Q: Jurisdiction?

A: Concurrent SC, CA or RTC but never in Sandiganbayan except in aid of appellate jurisdiction Q: What does in aid of appellate jurisdiction mean?

A: When the appeal was made to the Sandiganbayan from MTC or RTC in cases of publice officials whose salary grade is below 27

Q: Tuason Case

A: Certiorari will only lie against tribunal exercising judicial/quasi-judicial function.

RULE 67 EXPROPRIATION Q: Who exercises jurisdiction?

A: The RTC because the action is not capable of pecuniary estimation. The value of the property being only incidental to the case. (Russel V. Vestil, Brgy San Roque V. Heirs of Pastor)

Q: Venue?

A: Where the property is located.

Q: Who are the parties who may expropriate?

A: LGU's, government instrumentalities however a resolution authorizing expropriation must first be passed. Q: Rule 67 is procedural. What is the substantive law which provides for expropriation?

A: The 1987 Constitution

Q: What properties are involved?

A: Any kind of property, whether real or personal Q: What does taking mean?

A: Taking includes not just actual taking but also diminution/deprivation of benefits Q: What does for public use mean?

A: It means that the purpose for taking would ultimately redound to the general welfare of the people

Q: May a law be passed authorizing the city of Manila to expropriate a portion of UST? May the compensation be by way of exchange of property?

A: No there can be no compensation by way of exchange of property because the determination of Just compensation is a judicial function.

Q: What is the remedy of the owner of the property? A: 1. Mandamus

2. Quo warranto

Q: Which should be preferred, ownership or utility?

A: At first glance it would seem that ownership must be preferred but in reality it is utility because nature made it so that you own only what you need and dispose of the things that you don't use. Pag wala nang pakinabang, ipamigay mo na kagaya ng asawa mo.


Q: What is the formula for computing just compensation?

A: Just Compensation = Fair Market Value plus Consequential damages minus consequential benefit which should not be more than consequential damages.

Q: What are the 2 parts of expropriation?

A: The first stage is to determine whether or not the property can be devoted to public use. Second stage, determination of the just compensation.

NOTE: Plaintiff upon deposit of the amount may enter the property Q: Where should the deposit be made?

A: court or reputable bank

Q: How much should the deposit be? A: Assessed value of the property Q: Who determines Just compensation?

A: Determination of just compensation is a judicial function so there can be no compensation by agreement. Q: Appointment of Commissioner

A: Not more than 3 Men of Integrity

Q: What is the effect of the report of the commissioner? A: The report is not binding upon the court

Q: NPC case

A: Apparent conflict under Sec. 1 Rule 17 and Sec. 2 Rule 67 Q: Doctrine in the City of Manila V. Serrano

A: Expropriation should be a final recourse RULE 68 JUDICIAL FORECLOSURE Q: Application?

A: Applicable to both real estate and chattel mortgages. Q: What does judicial foreclosure mean?

A: It has passed through court process. Q: What should be filed?

A: Verified complaint of foreclosure absolute necessity to the mortgage Q: Who should be included?

A: All parties who have interest over the property subordinate to that of the mortgagor. Q: If a party interested is not impleaded what is the effect?

A: He is not affected by loss of equity of redemption. Q: What is the object of foreclosure

A: Property

Q: Can a property mortgaged may still be attached? A: Yes

Q: Distinguish right of redemption from equity of redemption.

A: Right of redemption is the 1 year period from registration of certificate of sale given to a person to redeem the property. Equity of redemption is a right given to persons with interest within 90 days and not more than 120 days from entry of judgment to redeem the property.

Q: What is order of confirmation?

A: Confirmation of the sale of the property. Q: Deficiency judgment

A: By filing a motion for deficiency judgment. RULE 69 PARTITION

Q: What is the object of partition? A: To assign property.

Q: Jurisdiction

A: RTC because the case is not capable of pecuniary estimation. Q: What are the stages in partition?


1. Determination of the existence of co-ownership - absence of which partition is unavailable 2. Determination of who are entitled and what properties to be distributed

NOTE: Each stage is final and appealable Q: What kind of appeal?

A: By record of appeal because the action calls for multiple appeals. Q: What is a project of partition?


A: Agreement between and among the parties in partition which is submitted to the court on which a judgment of partition is made.

Q: Who prepares a project of partition? A: Any of the co-owners

Q: Who are the parties in an action for partition? A: Plaintiff - co-owner

Defendant - all other co-owners as indispensable parties Q: What is the effect of the approval of the project?

A: Approval is equivalent to judgment of partition. Q: If no project is agreed upon what should the court do?

A: Appoint a commissioner and the commissioner would make and submit a project of partition. Q: If the parties still does not agree, what should commissioner do?

A: Assignment - identical to buying out.

NOTE: Even if only one of the co-owners objects, no assignment Q: What then should the court do?

A: Sell the property and the proceeds distributed among and between co-owners. This is the last resort. Q: May a sale be objected to? On what ground?

A: Yes sale may be objected to if it will not redound to the benefit of the co-owners. NOTE: Commissioner should give report, however such is not binding upon the court. Q: What does judgment of partition include?

A: It includes payment of the cost of accounting and damages. Q: Doctrine of Heirs of Teves V. CA

A: Any activity that puts an end to indivision is a case of partition. RULE 70

Q: What are the 3 kinds of action involving recovery of property? A:

4. accion publiciana - right of possession

5. accion reinvindicatoria - recovery of ownership with possession as an attribute of ownership 6. accion interdictal - possession de facto

a. forcible entry b. unlawful detainer i. governed by rule 70

ii. in case of agricultural property/land governed by the civil code Q: Doctrine in Javellosa V. CA

A: Distinction between Unlawful detainer (UD) and Forcible Entry (FE)


Possession was lawful at the beginning and became illegal thereafter Possession is illegal from the beginning There is a need to establish prior possession There is no need to establish prior possession

Illegal detention of the propertyDeprivation of the right of possession of property There is a need for demand No need for a demand

Action must be filed from period of 1 year from the last demand Action must be filed 1 year from accrual of action

Possession was acquired by force, threat, intimidation or stealth Not applicable Q: Who are the aggrieved parties?

A: Vendor, vendee, lessor or any other person deprived of possession Q: Is the lessee included?

A: Generally no because the lessee is assumed to be in possession. He may be included under those other persons deprived of possession.

Q: In ejectment the only issue is possession de facto. Can you raise the issue of ownership? If so what is the effect? A: It will not divest the court of its jurisdiction. The court shall resolve the issue of ownership only to resolve the issue of possession. Resolution as to ownership in ejectment cases is only provisional.

NOTE: Old rule prior to BP 129 provides that if issue of ownership is raised, the court is divested of its jurisdiction. Q: A is the lessor and B is the lessee who was not able to pay rentals for several months. A filed a case of unlawful detainer against B. Judgment was rendered in favor of B. Is the judgment in favor of B immediately executory? A: No because he was already in possession of the property.

Q: What is immediately executory in the judgment as provided under sec.19?

A: The return of the property. Restoration or restitution to the one who is entitled to possession. Q: How is execution stayed?

A: Requisites for stay of execution

4. Perfection of appeal by filing a notice of appeal 5. Supersedeas bond


Q: What is a supersedeas bond?

A: Unpaid rentals. If there are no unpaid rentals there is no supercedeas bond. Q: How much is the supersedeas bond?


4. In accordance with judgment

5. If there is no judgment, in accordance with the contract

6. In the absence of contract, according to what was paid as rentals Q: What is the amount for use and occupancy?

A: Payment of rental during the pendency of the appeal. Q: How much?

A: Same as supersedeas bond.

Q: Where do you file notice of appeal? A: In the municipal trial court

Q: Where do you file supersedeas bond? A: In the municipal trial court

Q: Where do you file amount for use and occupancy? A: In the appellate court

Q: When?

A: General rule on or before the 10th day of each succeeding month. For example the rent due for the month of april should be paid on or before May 10.

Exception: When payment of rental must be paid in advance in accordance with the contract. NOTE: Non-compliance with even one month would render the judgment immediately executory.

Q: Both Sec. 19 and Sec 21 speak of immediately executory judgment. How is Sec. 21 different from section 19?

A: Section 21 speaks of the judgment of the appellate court and such judgment cannot be stayed except when defendant filed injunction.

Q: How about sec. 15 and sec. 20?

A: Sec 15 applies to Trial Court while Sec 20 applies to the appellate court. Injunctive relief is available to both in order to stop defendant's act of dispossession

Q: Doctrine in Refugia Case

A: Motion for reconsideration is a prohibited pleading only in the MTC under summary procedure. When the case has already been appealed to the RTC, MR is already allowed.


Q: What is contempt?

A: Upfront or defiance, act against dignity, integrity and justice of the court Q: What are the two kinds?


3. Direct Contempt

Done in the presence of or so near a judge that disrupted proceedings. 4. Indirect Contempt

Q: What are the remedies of a person cited in contempt? A:

Direct Contempt

File a petition for certiorari and not an appeal because the judgment is only interlocutory Indirect Contempt

3. File an appeal 4. Post a bond

Q: Doctrine in the case of Yasay V. Recto

A: Supreme Court said that the power of contempt must be used in preventive manner and not in vindictive manner. The distinction between civil and criminal contempt was also abolished.


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