Rule 62 to 71 When may the MTC have jurisdiction over interpleader?

What special civil actions are initiated by complaint? 1. When subject is personal property not more than (a)
P200K or (b) P400K in Metro Manila. (If more than the
1. Interpleader specified amount - RTC)
2. Expropriation 2. When subject is real property valued at not more than (a)
3. Foreclosure of real estate mortgage P20K or (b) P50K in Metro Manila. (If more than the
4. Partition specified amount - RTC)
5. Forcible entry and unlawful detainer
Does the MTC have jurisdiction when the subject matter of
What special civil actions are initiated by petition? interpleader is performance of an obligation?

1. Declaratory relief and similar remedies No, such is incapable of pecuniary estimation; thus, it is under the
2. Review of judgments and final orders or resolutions of the jurisdiction of RTC.
COMELEC and COA
3. Certiorari, prohibition and mandamus Instances of Interpleader
4. Quo warranto
5. Contempt 1. No interest whatever in subject matter

What is interpleader? Sheriff who files interpleader against conflicting claimants to

Interpleader is a special civil remedy whereby a person who has
property in his possession or an obligation to render, wholly or
partially without claiming any right therein, or an interest in which
in whole or in part is not disputed by the claimants, comes to court
and asks that the persons who consider themselves entitled to
demand compliance with the obligation be required to litigate
among themselves in order to determine finally who is entitled to
the same.
property seized by the former
Lessee who files interpleader against conflicting claimants/lessor to
protect himself from making payment to the wrong person
2. Interest in whole or in part not disputed by claimants
Warehouse man may implead all known claimants to the title to or
possession of the goods deposited in the warehouse. In such case,
warehouseman has lien over goods.

When may interpleader be filed? 3. Counterclaim in interpleader

Within reasonable time after arising of dispute without waiting for
suit by either contending claimants. Otherwise, barred by laches.
What of failure to plead within the time fixed by the rules?
Default and declaration of judgment barring claim in respect to
subject matter
What are the requisites for interpleader?
1. There must be two or more conflicting claimants
2. Plaintiff claims no interest in the subject matter
3. Subject matter must be one and the same; and
4. Parties to be impleaded must make effective claims.
What is the purpose of interpleader?
To protect against double vexation
If more than one person claim the title to or possession of the
goods, the warehouseman may either as a defense to an action
brought against him for non-delivery of the goods or as an original
suit which ever is appropriate, require all known claimants to
interplead.
A defendant under the same circumstance may file a claim for
interpleader against the plaintiff and a third party also claiming the
subject matter of the suit.
Is pre-trial applicable in interpleader?
Yes, since it is not an inconsistent principle.
What is the main issue to be answered by the court in
interpleader?
To determine who has a better right among the conflicting
claimants.

Interpleader and Intervention distinguished What is declaratory relief?

Interpleader Intervention It is a special civil action brought to secure an authoritative

Principal action
Plaintiff has no interest in
subject matter
Defendants are sued to
interplead them
Issue order requiring
allowance/disallowance of
conflicting claims to implead
with one another
Ancillary action
Plaintiff has interest in subject
matter
Defendants are original parties
to pending suit
Action is addressed to the sound
discretion of the court
statement of the rights and obligations of the parties under a
contract or a statute for their guidance in the enforcement or
compliance with the same.
Distinction between declaratory relief and Similar remedies
Declaratory relief Similar remedies
COURT IS NOT BOUND (may Court is bound to render
refuse) TO RENDER judgment
JUDGMENT
Distinguish Ordinary action and declaratory relief When may the court refuse to grant petition for declaratory
relief?
Ordinary action Declaratory relief
Writ of execution - available NO WRIT OF EXECUTION 1. If decision will not terminate controversy or uncertainty
There is breach or violation of No breach or violation of rights giving rise to the action, or
rights 2. If declaration or construction is not necessary and proper
Motion to dismiss under rule 16 Motion to dismiss under sec 5 under the circumstances
and 17 available rule 63 also available
What are the two principal criteria of courts in rendering
What are the similar remedies to declaratory relief? declaratory judgments?

1. Action for reformation of an instrument;
2. Action for quieting of title; and
3. Action to consolidate ownership
Who may file for petition for declaratory relief?
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 other governmental regulation
When may declaratory relief be filed?
The petition for declaratory relief is filed before there occurs any
breach or violation of the deed, contract, statute, ordinance or
executive order or regulation. If there has already been a breach, the
appropriate ordinary civil action and not declaratory relief should be
filed.
What are the requisites of action for declaratory relief?
1. Subject matter must be a deed, will, contract, or other
written instrument
2. There must be a actual justiciable controversy (ripening
seeds)
3. There must be no breach of documents in question
4. Terms and validity of document are doubtful and require
judicial construction
5. Issue must be ripe for judicial determination
6. Adequate relief is not available thru other actions
7. Relief sought is to determine the rights and duties under
the statute
1. Judgment will be useful in clarifying legal relations in
issue, and
2. Judgment will afford relief from uncertainty giving rise to
controversy
What are the circumstances when declaratory relief is not
available?
1. Action to obtain declaration of citizenship
2. Action to establish illegitimate filiation and actions to
determine hereditary rights
3. Where terms of assailed ordinance are not ambiguous
4. Subject of action is Court Decision
5. Action to resolve political question
6. Those determinative of the issues rather than a
construction of definite status, rights and relations
7. Where contract or statute has been breached
8. Action is merely to seek advisory opinion from court
9. Petition is based on the happening of a contingent event
10. Petitioner is not real party in interest
11. Administrative remedies have not yet been exhausted
When is a declaratory relief converted into an ordinary action?
When there is a violation of the instrument or statute, etc. before its
determination
Who has original jurisdiction over action for declaratory relief?
RTC, because it is not subject to pecuniary estimation.
EXCEPTION: If it has far-reaching implications CA or SC.

What is the purpose of declaratory relief? Review of judgments and final orders or resolutions of the
COMELEC and COA (Rule 64) distinguished from Certiorari,
To ask court to make a proper interpretation of a contract, statute, Prohibition and Mandamus (Rule 65)
etc., not injuction or execution.
Rule 64 Rule 65
Who are the parties in declaratory relief? Time frame 30 days Time frame 60 days
Reckoning period from notice Reckoning period from receipt
Any person who have interest and would be affected by the of judgment of denial of MR
declaration Power of court to hear not Power of court to hear Under
under concurrent jurisdiction concurrent jurisdiction
Who should be notified by the party filing the declaratory relief
if the subject of the action is a statute, executive order, or other Who has exclusive appellate jurisdiction over resolutions of the
regulation of the government? CSC?

Solicitor General CA, because of the amendment introduced by RA 7902

Who should be notified by the party filing declaratory relief if Who has jurisdiction to review final orders and resolutions of
the subject of the action is a local government ordinance? COMELEC and COA?

Prosecutor or attorney of the local government unit SC

What is certiorari?
Certiorari is a writ issued by the superior court to the inferior court,
board or officer exercising judicial or quasi-judicial functions
whereby the record of the particular case is ordered to be elevated
for review and correction in matters of law.
What is prohibition?
Prohibition is a legal remedy, provided by the common law,
available only when the usual and ordinary proceedings at law or in
equity are inadequate to afford redress, prerogative in character to
the extent that it is not always demandable of right, to prevent
courts or other tribunals, officers or persons from usurping or
exercising a jurisdiction with which they have not been vested by
law.
What is mandamus?
Mandamus is a command issuing from a court of law of competent
jurisdiction, in the name of the State or sovereign, directed to some
inferior court, tribunal, or board, or some corporation or person,
requiring the performance of a particular duty therein specified,
which duty results from the official station of the party to whom the
writ is directed or from operation of law.
What is writ of certiorari?
Writ of certiorari is a writ emanating from a superior court, directed
against an inferior court, tribunal or officer, exercising judicial or
quasi-judicial functions; a prerogative writ, never demandable as a
matter of right, never issued except in the exercise of jurisdiction;
the purpose of which is to correct errors of jurisdiction.
What are the requisites for certiorari?
1. There must be a controversy
2. Respondent is exercising judicial or quasi-judicial
functions
3. Respondent acted without or in excess of jurisdiction
4. There must be no remedy of appeal or other plain, speedy
and adequate remedy
May prohibition issue against a judge or court?
Yes, in cases of improper venue it may enjoin a judge or court from
taking cognizance of a case
What are the requisites of mandamus?
1. There must be a clear legal right
2. Act to be performed must be practical within the powers
of respondent to perform, otherwise, its essence will be
defeated.
3. Respondent must be exercising ministerial duty
4. Duty to be performed must be existing
5. No appeal or other plain, speedy and adequate remedy
available in the ordinary course of law.
What is the purpose of mandamus?
To compel performance of ministerial duty
What are the instances when there is no right to appeal?
1. The law does not provide appeal (a) not appealable, (b) no
provision for appeal, eg. Labor Code, (c) Interlocutory
order
2. Right to appeal is lost with or without negligence
Mandamus distinguished from injunction
Mandamus Injunction
Remedial Preventive
Redress of past grievance Prevents future injury
Active remedy Conservative remedy
What form of duty does mandamus exclusively apply?
Ministerial duty
As an independent civil action, what are those which cannot be
the effect of certiorari, prohibition and mandamus?
It does not:
1. Interrupt the course of principal action
2. Affect running of reglementary periods in the proceeding
3. Stay execution of judgment, unless accompanies with the
issuance of TRO or injunction
In general, mandamus will not be issued when administrative
remedies are available. What are the exceptions?
1. Estoppel of party
2. Pure question of law is raised
When is there grave abuse of discretion?
It happens when the act is performed in the capricious and
whimsical exercise of judgment which is equivalent to lack of
jurisdiction
May RTC issue writ of certiorari against administrative
agencies exercising quasi-judicial functions?
No, because they are of the same rank
May prohibition be issued by RTC against an administrative
agency to prohibit it from exercising quasi-judicial functions?
No. It may prohibit only ministerial functions and not quasi judicial
functions of admin agencies.
In general, an MR is an essential precondition for the filing of a
petition for certiorari, prohibition, and mandamus before
invoking the jurisdiction of higher courts, what are the
exceptions?
(Instances when petition for certiorari, prohibition and mandamus
may be filed without MR)
1. If assailed judgment is patent nullity
2. When there is extreme urgency
3. If the issue of jurisdiction has been raised and promptly
passed upon the court
4. If the issue is purely a question of law
5. If public interest is involved
What is the effect of filing of MR to the certiorari, prohibition An act is quasi-judicial if the officers act judicially in making their
or mandamus? decisions, whatever may be their public character.

Period shall not be interrupted but another 60 days shall be given to What are some circumstances where appeal does not lie?
petitioner to file petition
1. Decisions of NLRC
May there be an appeal if the proper remedy is certiorari? 2. Direct contempt by court

No. In such case an action for certiorari will not be entertained. What is prohibition?
Certiorari is not a remedy for error of judgment. Errors of
judgments are correctible by appeal; while, error of jurisdiction is It is a legal remedy provided by the common law, extraordinary in
reviewable by certiorari. the sense that it is ordinarily available only when the usual and
ordinary proceedings at law or in equity are inadequate to afford
An original action for certiorari is not a substitute to appeal, redress, prerogative in character to the extent that it is not always
what are the exceptions? demandable of right, to prevent courts, or other tribunals, officers or
persons, from usurping or exercising jurisdiction with which they
1. Appeal is not the speedy adequate remedy have not been vested by law.
2. Orders are issued in excess or without jurisdiction
3. Special considerations such as public policy and What is mandamus?
public welfare
4. Order is patent nullity It is a command issuing from a court of law of competent
5. Decision in certiorari case will avoid future litigation jurisdiction, in the name of the State or sovereign, directed to some
inferior court, tribunal or board or to some corporation or person
What is adequate remedy? requiring the performance of a particular duty therein specified
which duty results from the official station of the party to whom the
It is a remedy which is equally beneficial, speedy and sufficient, not writ is directed or from operation of law.
merely a remedy which at some time in the future will bring about a
revival of judgment of the lower court complained of in the What is discretion?
certiorari proceeding, but a remedy which will promptly relieve the
petitioner from the injurious effects of that judgment and the acts of It is that part of the judicial function which decides questions
the inferior court or tribunal. arising in the trial of a case, according to the particular
circumstances of each case and as to which the judgment of the
Distinguish appeal by certiorari (Rule 45) and original action by court is uncontrolled by fixed rules of law.
certiorari (Rule 65)
What is ministerial act?
Rule 45 Rule 65
Mode of appeal Original action Ministerial act is one which an officer or tribunal performs in a
Based on pure question of law Based on whether lower court given state of facts, in a prescribed manner, in obedience to the
acted in excess or with grave mandate of legal authority, without regard to, or to the exercise of
abuse of jurisdiction his own judgment upon the propriety or impropriety of the act done.
Involves review of judgment May be directed against an
interlocutory order What are the grounds for mandamus?
Filed only with SC May be filed either with RTC,
Sandiganbayan, CA or SC 1. Negligence in the performance of a lawful act
Filed within reglementary Filed within 60 days from notice 2. Exclusion of another from the enjoyment of a right which
period for appeal of judgment or denial of MR he is entitled
Stays judgment Does not stay judgment
Petitioner and respondent are Aggrieved party and lower court Distinguish certiorari, prohibition and mandamus
orig parties to the action are partied to the action
Prior MR not required Prior MR is general required Certiorari Prohibition Mandamus
Appellate jurisdiction of SC Concurrent original jurisdiction Ground without or Ground without or Ground
with RTC, CA and SC excess of excess of Negligence in
jurisdiction jurisdiction performance or
What is judicial function? exclusion of another
from exercise of
Judicial function is an act performed by virtue of judicial power. right
The exercise of judicial function is to determine what the law is, Respondent Board Respondent Respondent
and what the legal rights of parties are, with respect to a matter in or officer tribunal, board tribunal, board
controversy, and whenever an officer is clothed with that authority, officer, corporation officer, corporation
and undertakes to determine those questions, he acts judicially. or person or person
Function judicial Function judicial, Function judicial,
What is quasi-judicial? and quasi-judicial quasi-judicial and quasi-judicial and
ministerial ministerial
Requirement orig Requirement orig Requirement orig
copy of judgment, copy of judgment, copy of judgment, Who has jurisdiction over actions of quo warranto against
cert of non-forum cert of non-forum cert of non-forum corporations?
shopping and shopping and shopping and
payment of docket payment of docket payment of docket Actions for quo warranto against corporations fall under the
and other lawful and other lawful and other lawful fees jurisdiction of SEC. However, cases involving intracorporate
fees fees disputes and election of officers are under the jurisdiction of RTC.
Relief annulment Relief - desistance Relief to do act
or modification of and pay damages What are the classifications of quo warranto proceedings?
judgment
Nature of remedy Nature of remedy Nature of remedy 1. Mandatory brought by SG or public prosecutor when
corrective preventive and affirmative or directed by President
negative positive 2. Discretionary brought by SG or public prosecutor at the
Purpose nullify Purpose have Purpose require request of another person
proceeding respondent desist respondent to do act
from further required and pay Who is a relator?
proceeding damages
Coverage Coverage Coverage He is a person at whose request and upon whose relation the SG or
discretionary acts discretionary acts ministerial acts public prosecutor brings an action for quo warranto with the
permission of the court.
What are the circumstances when a previous MR is not
necessary under Rule 65? Distinguish quo warranto in electoral proceeding and under
Rule 66
1. Order is patent nullity
2. Question raised and passed upon by lower court Quo warranto in elect Quo warranto under Rule 66
3. In case of urgency proceeding
4. Where MR would be useless Contest right of elected public Prerogative writ brought by SG
5. Petitioner is deprived of due process officer to hold office or any person who claims better
6. Urgency of grating relief from arrest in a criminal case and title to the position being
grant of trial court is improbable unlawfully held
7. Issue raised is one purely of law Ground ineligibility or Grounds (a) usurpation, (b)
8. Proceedings in lower court are nullity for lack of due disqualification to hold office forfeiture, (c) illegal association
process Filed within 10 days after Action mist commence within 1
9. Proceeding was ex parte proclamation year cause of ouster
Petitioner any registered voter Petitioner government or
What are the important requirements in certiorari? who is not entitled to that office person entitled to the office
Actual damages are recoverable Separate action is instituted to
1. Verified by petitioner not the lawyer recover damages
2. Accompanied by cert true copy of judgment (not
photocopied) What is expropriation?
3. Cert of non forum shopping
It is the procedure to be observed in the exercise of the right of
What does the phrase in aid of its appellate jurisdiction eminent domain.
mean?
What is eminent domain?
It means a courts right to hear an appeal from the lower courts
judgment on the merits. It is the right and authority of the State to acquire private property
for public use upon observance of due process of law and payment
What is quo warranto? of just compensation.

It is the remedy or proceeding by which the sovereign or State What must concur so that an expropriation may be rendered
determines the legality of a claim which the party asserts to the use proper?
or exercise of an office or franchise and ousts the holder from its
enjoyment, if the claim is not well founded, or if the right to claim 1. Owner refuses to sell
the privilege is not forfeited or lost. 2. Owner agrees to sell but there is disagreement in price

What are the requirements in filing quo warranto? What does the term taking mean in expropriation?

1. Legal basis, i.e., entitlement to the office. 1. Trespass without actual eviction of owner
2. Must have claim to the office 2. Material impairment of value of property
3. Prevention of ordinary use for which property is intended
Who has the proper jurisdiction in action for quo warranto? 4. Deprivation of jurisdiction, supervision and control of
property
RTC, CA or SC
Who are the authorities who have the power of expropriation?
 1. Judicial
1. State 2. Extrajudicial
2. Government instrumentalities, GOCC, and other agency
authorized by law Judicial distinguished from extrajudicial foreclosure of real
estate mortgage
What are the things which may not be expropriated?
Judicial Extrajudicial
1. Money Court intervention required Court intervention not
2. Chose in action required
There is only equity of There is right of redemption
What are the contents of a verified complaint for redemption (no right of
expropriation? redemption)
Governed by Rule 68 Governed by Act 3135, as
1. Purpose of expropriation amended by Act 4118
2. Description of real and personal property
3. All persons owning the property named as defendants What is Equity of Redemption?
4. If title of property is in the name of RP, averment shall be
made in the complaint This is the right of the mortgagor to redeem the mortgaged property
after his default in the performance of the conditions of the
What are the circumstances which must be present when taking mortgage but before the sale of the mortgaged property.
a property for expropriation?
What is Right of Redemption?
1. Private property was entered by expropriator
2. Entrance must be for more than momentary period This is the right of the mortgagor to repurchase the property within
3. Entry must be under warrant a certain period after it was sold for the purpose of paying the
4. Property must be devoted for public use mortgage debt.
5. Use of property must be in such a way as to oust owner
and deprive him of property Who are the parties in judicial foreclosure of real estate
mortgage?
What is just compensation?
1. Mortgagor
It is the fail and full equivalent for the loss sustained, which is the 2. Mortgagee
measure of the indemnity, not whatever gain would accrue to the 3. Successor in interest
expropriating authority. 4. Junior encumbrancers

What is the formula for determination of just compensation? Who are the indispensable parties in judicial foreclosure?

Just compensation = Fair market value + Consequential damages 1. Mortgage debtor

Consequential benefits 2. Owner of property, not debtor
3. Executor/administrator of deceased mortgagor
When is title in expropriation vested? 4. Executor/administrator of deceased owner
5. Heirs of the deceased owner of property
1. Personal property upon payment of just compensation
2. Real property upon payment of just compensation and Who are the necessary parties in judicial foreclosure?
registration
All persons having claim subordinate to the holder of the mortgage,
What is foreclosure of mortgage? e.g. second mortgagee

It is a proceeding in a court of justice conducted according to legal Who are the possible defendants in judicial foreclosure?
forms by which the mortgage or his successors or one who has by
law succeeded to the rights and liabilities of the mortgagee 1. Person obliged to pay mortgage debt
undertakes to dispose of, to bar, cut off, the legal and equitable 2. Person who own or occupy mortgaged premises
claim of lien holders or of the mortgagors of those who have 3. Transferee of the property
succeeded to the rights and liabilities of the mortgagor. 4. Junior encumbrancers
5. Mortgagor, even if not owner of property mortgaged
Who has jurisdiction over foreclosure of real estate mortgage?
What is the effect if a junior encumbrancer is not impleaded in
1. MTC If mortgage is not more than 200K, not more than the judicial foreclosure?
400K in Metro Manila.
2. If mortgage exceeds the amount stated, then RTC has His equity of redemption if not affected by judgment of the court
jurisdiction.
What are the effects of failure of defendant to pay the amount
What are the modes of foreclosure of real estate mortgage? of judgment in judicial foreclosure?
 1. Court shall order the property sold Rule 39
2. Sale shall not affect rights of senior encumbrancers
3. When sale is confirmed by court, it shall (a) divest rights What are the available remedies to the mortgagee in case of
in the property of all parties to the action and (b) vest their foreclosure?
rights in the purchaser.
1. Prelim attachment of property
When shall the purchaser in the auction sale be entitled to the 2. Receivership of property
possession of the property?
What is partition?
1. Upon finality of the order of confirmation by court
2. Upon expiration of the period of redemption, if allowed by It is the process of dividing and assigning property owned in
law common among the various co-owners thereof in proportion to their
respective interests in the property.
What may be the remedy of a party who wants to take
possession of the property which he bought in the judicial Partition may be: (a) Judicial or (b) Extrajudicial
foreclosure?
Who has jurisdiction over action for partition?
Secure writ of possession
1. Personal property MTC, if value of property is not more
What kind of action is judgment of foreclosure? than 200K and 400K in Metro Manila; otherwise, RTC.
2. Real property MTC, if valued not more than 20K and
It is an action quasi-in rem; while, deficiency judgment is an action 50K in Metro Manila; otherwise, RTC.
in personam.
What are the effects of non-inclusion of a co-owner in an action
What are the instances when the court cannot render deficiency for partition?
judgment?
1. Before judgment not a ground for motion to dismiss;
1. Recto Law Foreclose the chattel mortgage on the thing remedy is to file motion to include party.
sold, if one has been constituted, should the vendees 2. After judgment judgment is void because co-owners are
failure to pay constitute two or more installments. In this indispensable parties.
case, he shall have no further action against the purchaser
to recover any unpaid balance of the price. (Art 1482, Civil When may partition be made?
Code)
2. When the mortgagor is a non resident and is not found in Anytime and the right to demand partition is imprescriptible
the Philippines
3. When the mortgagor dies What is the nature of an action for partition?
4. If the mortgagor is a third person but not solidarily liable
with the debtor Made voluntarily or compulsory under the Rules

What are the cases when deficiency judgment cannot be What are the stages of partition?
decreed?
1. Existence of co-ownership
1. One who mortgages his property to secure the debt of 2. Order of partition proper
another without expressly assuming personal liability for
such debt cannot be compelled to pay the deficiency What kind of action is an action for partition?
remaining due after the mortgage is foreclosed.
2. In an action to foreclose a mortgage against a non-resident Quasi-in rem
defendant not found in the Philippines who fails to submit
himself to the jurisdiction of the court, no personal Are multiple appeals allowed in partition?
judgment for the deficiency can be rendered.
Yes. A judgment declaring the existence of co-ownership is
Equity of redemption distinguished from right of redemption immediately appealable. This is one of the instance when the rules
allow multiple appeals.
Equity of redemption Right of redemption
Right of defendant-mortgagor to Right of the debtor, his Can there be a res judicata between an action for partition and
extinguish the mortgage and successor in interest, etc ton an action for quieting of title?
retain ownership of the property redeem the property within one
by paying the debt within 90- year from registration of Yes. A case for partition and an action for quieting of title have
120 days after the entry of Sheriffs cert of foreclosure sale identical causes of action and can therefore be the subject of res
judgment judicata.
Period to extinguish is 90 to 120 Period to redeem is 1 year from
days after entry of judgment date of registration of cert of What are the requisites of assignment in partition?
sale
Governed by Rule 68 Governed by Sec 29 to 31 of
 1. Assignment is in favor of one of the parties not to third MTC, MCTC, MTC in Cities, and MeTC
persons
2. Payment to the other parties, and Against whom may an ejectment suit be maintained?
3. Other interested parties do not ask the court that the
property be sold instead. 1. Against one in possession at the commencement of the
action
Who are the persons whose judgment in partition serves as res 2. A tenant with right of possession may bring an action
judicata? against another tenant, after that another tenants right of
possession has expired
The judgment in the action for partition is res judicata only on the 3. Vendor may sue vendee upon failure to pay installments
parties thereto and their successors in interest. due
4. Against the owner of the property if plaintiff has right of
What are ejectment cases? possession which should be protected

They are summary proceedings intended to provide an expeditious From what date is the one year period counted in unlawful
means of protecting actual possession or right to possession of detainer?
property. (Rule on summary procedure applies only in cases filed
before MTC) 1. From date of last demand to vacate, in case of non-
payment of rent
What is action for forcible entry? 2. From date of last notice to quit, in case of tacit renewal of
the lease
It is a summary action to recover material or physical possession of 3. From date of revocation of the permit, in case of company
real property when a person originally in possession was deprived on mere tolerance
thereof by force, intimidation, strategy, threat or stealth.
Is the giving of demand proper in an action to terminate lease
What is action for unlawful detainer? because of the expiry of its terms?

It is the action that must be brought when possession by a landlord, No. A demand is prerequisite to an action for unlawful detainer
vendor, vendee, or other person of any land or building is being when the action is for failure to pay rent due or comply with the
unlawfully withheld after the expiration or termination of the right conditions of his lease and not where the action is to terminate the
to hold possession, by virtue of any contract, express or implied. lease because of the expiry of its terms.

Distinguish forcible entry and unlawful detainer What does a demand by the lessor against the lessee imply?

Forcible entry Unlawful detainer 1. To pay and vacate, or

Illegal from the beginning
Prior possession of plaintiff is
required
Demand is not required
Prescription 1 year from actual
entry
Possession obtained thru FISTS
Who may institute action
person deprived of possession
Legal at the beginning
Prior possession of plaintiff not
required
Demand is required
Prescription 1 year from last
demand
Possession obtained thru
contract or mere tolerance
Who may institute action
lessor, vendor, vendee, or other
legal representatives
2. To comply with the conditions of the lease and vacate
What are the ways of serving a demand?
1. Personally
2. By posting it in the premises if no person is found thereon
3. By substituted service
4. By registered mail
In general, judgment of MTC against the defendant is
immediately executory, what are the exceptions?

Distinguish accion interdictal, accion publiciana, and accion 1. Defendant perfected his appeal
reivindicatoria 2. He files sufficient supersedeas bond
3. He deposits with appellate court the amount of rent due on
Interdictal Publiciana Reivindicatoria or before the 10th day of each succeeding month or period
(Same rule applies in RTC)
Summary action for Plenary action for Action for recovery
recovery of physical recovery of real of ownership, which
When is prior demand in unlawful detainer not required?
possession where right of possession includes possession
dispossession has when dispossession
1. Where purpose of action is to terminate lease by reason of
not lasted for more has lasted for more
expiry of terms
than 1 year than 1 year
2. Where purpose of suit is not ejectment but enforcement of
Original jurisdiction Jurisdiction, RTC Jurisdiction, RTC
terms of contract, or
MTC property exceeds property exceeds
3. Where defendant is not tenant but intruder
20K or 50K in 20K or 50K in
Metro Manila Metro Manila
When is the rule on summary procedure not applicable to an
ejectment case?
Who has jurisdiction over ejectment cases?
Where the case is covered by Agricultural tenancy laws
Does death of a party extinguish an ejectment suit?
What are the prohibited pleadings and motions in ejectment
cases? No, because it is a real action.

1. Motion to dismiss the complaint except on the ground of What is contempt?

lack of jurisdiction over the subject matter, or failure to
comply with section 12; It is a defiance of the authority, justice or dignity of the court; such
2. Motion for a bill of particulars; conduct as tends to bring the authority and administration of the law
3. Motion for new trial, or for reconsideration of a judgment, into disrespect or to interfere with or to prejudice parties litigants or
or for reopening of trial; their witnesses during litigation.
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or What is contempt of court?
any other paper;
6. Memoranda; It is a disobedience to the court by acting in opposition to its
7. Petition for certiorari, mandamus, or prohibition against authority, justice and dignity.
any interlocutory order issued by the court;
8. Motion to declare the defendant in default; What is the purpose of contempt?
9. Dilatory motions for postponement;
10. Reply; To preserve order in proceedings
11. Third-party complaints;
12. Interventions What is direct contempt?

When may writ of preliminary mandatory injunction issue in They are those which may be punished under Sec 1 Rule 71
ejectment cases?
What is indirect contempt?
1. Forcible entry in orig action
2. Unlawful detainer in appealed case (bec. here there is no They are those which may be punished under Sec 3 Rule 71
more presumption of lawful possession)
What are the grounds for direct contempt?
When may writ of preliminary injunction issue in ejectment
cases? 1. Disrespect toward the court
2. Offensive personalities toward others
1. Forcible entry in orig action 3. Refusal to be sworn or to answer as witness or to subscribe
2. Unlawful detainer in orig action an affidavit or deposition
4. Misbehavior in the presence of the court as to obstruct the
When may the court award damages in ejectment cases? proceedings

Where damages refer only to: What are the grounds for indirect contempt?
1. Fair and reasonable value of the use and enjoyment of the
property or the rent arising from the loss of possession 1. Misbehavior of officer of court in the performance of
2. Rent in arrears duties
3. Liquidated damages 2. Disobedience or resistance to lawful writ, process, order or
(Attorneys fees cannot be considered damages) judgment
3. Any abuse of or unlawful interference with the processes
Does it need that an ejectment suit include all the persons or proceedings of a court
including those claiming under the principal claimants for the 4. Any improper conduct tending to obstruct the
judgment to bind them? administration of justice
5. Acting as attorney or any other officer without such
No. The judgment already includes the trespassers, squatters, authority
guests, transferees pendent elite, subleases, and members of the 6. Rescue or attempted rescue of person or property in
family and relatives of defendants. custody of an officer by virtue of an order

Are ejectment suits capable of being barred by other actions? Distinguish direct and indirect contempt

No. These includes quieting of title, consignation of rentals, specific Direct
performance with damages, accion publiciana, reformation of Committed in court or near it
instrument, accion reivindicatoria, possession case, annulment of Summary in nature
sale, and injunction. (Wilson Auto Supply v. CA) If committed against RTC fine
not exceeding 2K or
May prohibitory injunction issue against an ejectment imprisonment not exceeding 10
proceeding? days or both
If committed against MTC
No fine not exceeding 200 or
Indirect
Not committed in court
There is charge and hearing
If committed against RTC fine
not exceeding 300K or
imprisonment not exceeding
6mos or both
If committed against MTC
fine not exceeding 5k or
imprisonment not exceeding 1
day or both
Remedy certiorari or
prohibition
Aka Contempt in facie curiae
imprisonment not exceeding 1
month or both
Remedy appeal
Aka Constructive contempt

What is civil contempt?

It is failing to do something ordered to be done by a court or a judge

in a civil case for the benefit of the opposing party therein.

What is criminal contempt?

It is conduct that is directed against the authority and dignity of a

court or of a judge acting judicially, as unlawfully assailing or
discrediting the authority and dignity of the court or judge, or in
doing a duly forbidden act.

Distinguish criminal and civil contempt

Criminal
Punitive in character
Purpose to preserve courts
authority and to punish
disobedience
State is the real prosecutor
Intent is necessary
Proof required proof beyond
reasonable doubt
If accused is acquitted no
appeal
Civil
Remedial in nature
Purpose provide remedy to an
injured suitor
Instituted by aggrieved party or
his successors
Intent is not necessary
Proof required preponderance
of evidence
If judgment is in favor of
respondent there can be an
appeal

Is good faith or lack of intent a valid defense against civil

contempt?

No. Intent is not necessary in civil contempt.

How is disrespectful language against a judge in a pleading

classified as contempt?

Indirect contempt