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Part VI of IX defendants.
SPECIAL CIVIL ACTIONS Sec. 2. Order. — Upon the filing of the
complaint, the court shall issue an order
requiring the conflicting claimants to interplead
I. Civil Procedure with one another. If the interests of justice so
require, the court may direct in such order that
A. Special Civil Actions (Rule 62-71) the subject matter be paid or delivered to the
1. Interpleader court. (2a, R63)
a. Definition Sec. 3. Summons. — Summons shall be
A person who has property in his possession or served upon the conflicting claimants, together
an obligation to render, wholly or partially with a copy of the complaint and order. (3,
without claiming any right therein, or an R63)
interest in which in whole or in part is not Note that the plaintiff does not furnish the
disputed by the claimants, comes to court and defendant copies of his complaint. He need
asks that the persons who consider themselves only file his complaint with the court. It is the
entitled to demand compliance with the responsibility of the court to issue the
obligation be required to litigate among summons and to serve a copy of the
themselves in order to determine finally who is complaint.
entitled to the same. Sec. 4. Motion to dismiss. — Within the
b. Rule 62 time for filing an answer, each claimant may
General Procedure in Interpleader file a motion to dismiss on the ground of
impropriety of the interpleader action or on
1. complaint for interpleader is filed other appropriate grounds specified in Rule 16
2. court issues order requiring the claimants to (motion to dismiss). The period to file the
interplead answer shall be tolled and if the motion is
denied, the movant may file his answer within
3. summons served on the claimants the remaining period, but which shall not be
4. claimants may file MtD on the unique less than five (5) days in any event, reckoned
ground of impropriety of interpleader action, from notice of denial. (n)
MtD tolls period to file answer The defendants must file their answer within
5. court resolves MtD; claimant has remaining the standard 15 days from receipt of the
period to file answer or at least 5 days summons.
from notice of denial Sec. 5. Answer and other pleadings. —
6. claimants file answer within 15 days from Each claimant shall file his answer setting forth
receipt of summons his claim within fifteen (15) days from service
7. opposing claimants may file a reply of the summons upon him, serving a copy
thereof upon each of the other conflicting
8. pre-trial claimants who may file their reply thereto as
9. court “determine(s) their respective rights provided by these Rules. If any claimant fails to
and adjudicate their several claims” plead within the time herein fixed, the court
may, on motion, declare him in default and
Section 1. When interpleader proper. — thereafter render judgment barring him from
Whenever conflicting claims upon the same any claim in respect to the subject matter.
subject matter are or may be made against a
person who claims no interest whatever in the The parties in an interpleader action may
subject matter, or an interest which in whole file counterclaims, cross-claims, third-party
or in part is not disputed by the claimants, he complaints and responsive pleadings thereto, as
may bring an action against the conflicting provided by these Rules. (4a, R63)
claimants to compel them to interplead and Sec. 6. Determination. — After the
litigate their several claims among themselves. pleadings of the conflicting claimants have
(1a, R63) been filed, and pre-trial has been conducted in
Note that the plaintiff need not wait for each accordance with the Rules, the court shall
defendant to make a formal demand. It is proceed to determine their respective rights
and adjudicate their several claims. (5a, R63)
Sec. 7. Docket and other lawful fees, costs Art. 1616. The vendor cannot
and litigation expenses as liens. — The docket avail himself of the right of
and other lawful fees paid by the party who repurchase without returning to
filed a complaint under this Rule, as well as the the vendee the price of the sale,
costs and litigation expenses, shall constitute a and in addition:
lien or charge upon the subject matter of the 1. The expenses of the contract,
action, unless the court shall order otherwise. and any other legitimate
(6a, R63) payments made by reason of
c. Cases the sale;
2. The necessary and useful
Mesina v. IAC, 145 SCRA 497 expenses made on the thing
(1986) sold.
Facts: Go’s lost check was presented for
payment by Mesina. Check was dishonored. Requisites for declaratory relief
Mesina now claims from the drawer bank. Bank 1. plaintiff is interested under a deed, will,
files action for interpleader naming Go and contract or other written instrument
Mesina as respondents. Court orders
respondents to file their answers. 2. plaintiff’s rights are affected by a statute,
executive order or regulation, ordinance, or
Held: Interpleader was a proper remedy. An any other governmental regulation
order to file an answer is proper and equivalent
to an order to interplead. Failure to file an 3. before breach or violation thereof
answer results in the party being declared in 4. bring an action in the appropriate RTC
default. 5. purpose is
2. Declaratory Relief and Similar a. t o d e t e r m i n e a n y q u e s t i o n o f
Remedies construction or validity arising
a. Rule 63 thereunder, and
Section 1. Who may file petition. — Any b. for a declaration of his rights or duties
person interested under a deed, will, contract thereunder
or other written instrument, whose rights are An action for declaratory relief may also be
affected by a statute, executive order or brought for the reformation of an instrument,
regulation, ordinance, or any other to quiet title to real property or remove clouds
governmental regulation may, before breach or therefrom, or to consolidate ownership.
violation thereof, bring an action in the
appropriate Regional Trial Court to determine To register his title to real property bought
any question of construction or validity arising, with a right of redemption, the buyer must file
and for a declaration of his rights or duties, an action for declaratory relief.
thereunder. cf Art. 1607 and 1616 NCC
An action for the reformation of an Art. 1607. In case of real property, the
instrument, to quiet title to real property or consolidation of ownership in the vendee
remove clouds therefrom, or to consolidate by virtue of the failure of the vendor to
ownership under Article 1607 of the Civil Code, comply with the provisions of article
may be brought under this Rule. (1a, R64) 1616 shall not be recorded in the
Cf Article 1607 NCC: Registry of Property without a judicial
Art. 1607. In case of real order, after the vendor has been duly
property, the consolidation of heard. (n)
ownership in the vendee by virtue Art. 1616. The vendor cannot avail
of the failure of the vendor to himself of the right of repurchase
comply with the provisions of without returning to the vendee the
article 1616 shall not be recorded price of the sale, and in addition:
in the Registry of Property
without a judicial order, after the (1) The expenses of the contract,
vendor has been duly heard. and any other legitimate payments made
by reason of the sale;
Cf Article 1616 NCC:
(2) The necessary and useful 2. the declaration or construction is not
expenses made on the thing sold. necessary and proper under the
(1518) circumstances.
Moreover, the action should be predicated on Sec. 6. Conversion into ordinary action. —
the ff conditions: If before the final termination of the case, a
1. there must be a justiciable controversy; breach or violation of an instrument or a
statute, executive order or regulation,
2. the controversy must be between persons ordinance, or any other governmental regulation
whose interest are adverse; should take place, the action may thereupon be
3. the party seeking declaratory relief must converted into an ordinary action, and the
have a legal interest in the controversy; and parties shall be allowed to file such pleadings
as may be necessary or proper. (6a, R64)
4. the issue involved must be ripened for
judicial determination. (Tolentino vs. Board Ordinary civil action – plaintiff alleges that his
of Accountancy, 90 Phil., 83). right has been violated by the defendant;
judgment rendered is coercive in character; a
writ of execution may be executed against the
Sec. 2. Parties. — All persons who have or defeated party
claim any interest which would be affected by Special civil action of declaratory relief – an
the declaration shall be made parties; and no impending violation is sufficient to file a
declaration shall, except as otherwise provided declaratory relief; no execution may be issued;
in these Rules, prejudice the rights of persons the court merely makes a declaration
not parties to the action. (2a, R64)
Sec. 3. Notice on Solicitor General. — In
any action which involves the validity of a b. Cases
statute, executive order or regulation, or any Edades v. Edades, 99 Phil 675
other governmental regulation, the Solicitor (1956)
General shall be notified by the party assailing
the same and shall be entitled to be heard The determination of hereditary rights in the
upon such question. (3a, R64) estate of a living person is not a proper
subject of an action for declaratory relief. The
Sec. 4. Local government ordinances. — In remedy is declaratory relief for declaration of
any action involving the validity of a local filiation.
government ordinance, the corresponding
prosecutor or attorney of the local Santos v. Aquino, 94 Phil 65
governmental unit involved shall be similarly (1953)
notified and entitled to be heard. If such Declaratory relief for construction is not a
ordinance is alleged to be unconstitutional, the proper remedy where the terms of the
Solicitor General shall also be notified and questioned ordinance are are clear and
entitled to be heard. (4a, R64) unambiguous. The remedy of declaratory relief
Sec. 5. Court action discretionary. — for invalidity is precluded by a breach (e.g. the
Except in actions falling under the second tax imposed by the questioned ordinance is
paragraph of section 1 of this Rule, the court, already due when the case was filed). Finally,
motu proprio or upon motion, may refuse to an action for declaratory relief must also be
exercise the power to declare rights and to brought by a real party in interest.
construe instruments in any case where a Note: Had the case been filed before the taxes
decision would not terminate the uncertainty or became due, the action would have been
controversy which gave rise to the action, or in converted into an ordinary civil action.
any case where the declaration or construction Gomez v. Palomar, 25 SCRA 827
is not necessary and proper under the (1968)
circumstances. (5a, R64)
A requisite for declaratory relief for invalidity is
Grounds for the court to refuse to exercise that it must have been brought before a
declaratory relief breach or violation. Conversion into a civil
1. a decision would not terminate the action applies only if the breach occurs after
uncertainty or controversy which gave rise the filing of the action but before the
to the action, or termination thereof.
Matalin Coconut v. Municipality of within 15 days and does not stay the decision
Malabang, 143 SCRA 404 (1986) appealed.
Where a tax imposed by the questioned Petition for review from decisions of the RTC
ordinance was paid under protest, there is no decided in its appellate jurisdiction filed to the
breach, and hence declaratory relief still lies. In CA should be filed within 15 days and stays
any case, declaratory relief is proper as to execution, unless the case is under the rules of
future taxes that may be imposed. Summary Procedure.
Note: Could not the plaintiffs in Santos and Special civil actions of certiorari, prohibition,
Gomez claim that their action for declaratory and mandamus, from Comelec and CoA should
relief is proper for future taxes to be imposed be filed within 30 days, and does not stay the
or future stamps to be required? decision appealed.
3. Review of Judgments and Final Bottomline: Decisions of quasi-judicial bodies
Orders or Resolutions of the are not stayed by appeal alone. Decisions of
Commission on Elections and the regular courts are stayed on appeal (de Leon:
Commission on Audit (Rule 64) Though in petition for review on certiorari to
Section 1. Scope. — This Rule shall govern the SC via Rule 45, there is no express
the review of judgments and final orders or provision on effect of appeal on execution).
resolutions of the Commission on Elections and Note: The “not less than 5 days” provision for
the Commission on Audit. (n) filing a pleading applies only to
Note that despite Sec. 7, Art. IX-A of the 3. filing an answer after a denial of a MtD
1987 Constitution, 4. filing an answer after denial or service of a
Section 7. xxx Unless otherwise provided bill of particulars
by this Constitution or by law, any 5. filing an special civil action for certiorari
decision, order, or ruling of each from a decision of the Comelec or CoA
Commission may be brought to the after denial of a MfR or MNT
Supreme Court on certiorari by the
aggrieved party within thirty days from It does not apply to filing appeal from decisions
receipt of a copy thereof. of other entities after denial of a MfR or MNT.
In such cases, either the parties have a fresh
appeals from decisions of the Civil Service 15 days, or the balance.
Commission are now brought to the CA by law
(RA 7902 which took effect on February Sec. 4. Docket and other lawful fees. —
1995) via petition for review under Rule 43. Upon the filing of the petition, the petitioner
shall pay to the clerk of court the docket and
Sec. 2. Mode of review. — A judgment or other lawful fees and deposit the amount of
final order or resolution of the Commission on P500.00 for costs. (n)
Elections and the Commission on Audit may be
brought by the aggrieved party to the Supreme Sec. 5. Form and contents of petition. —
Court on certiorari under Rule 65, except as The petition shall be verified and filed in
hereinafter provided. (n) eighteen (18) legible copies. The petition shall
name the aggrieved party as petitioner and
Sec. 3. Time to file petition. — The petition shall join as respondents the Commission
shall be filed within thirty (30) days from concerned and the person or persons
notice of the judgment or final order or interested in sustaining the judgment, final
resolution sought to be reviewed. The filing of order or resolution a quo. The petition shall
a motion for new trial or reconsideration of state the facts with certainty, present clearly
said judgment or final order or resolution, if the issues involved, set forth the grounds and
allowed under the procedural rules of the brief arguments relied upon for review, and
Commission concerned, shall interrupt the pray for judgment annulling or modifying the
period herein fixed. If the motion is denied, the questioned judgment, final order or resolution.
aggrieved party may file the petition within the Findings of fact of the Commission supported
remaining period, but which shall not be less by substantial evidence shall be final and non-
than five (5) days in any event, reckoned from reviewable.
notice of denial. (n)
The petition shall be accompanied by a
Note that petition for review from decisions of clearly legible duplicate original or certified true
quasi-judicial agencies to the CA should be copy of the judgment, final order or resolution
subject thereof, together with certified true Sec. 9. Submission for decision. — Unless
copies of such material portions of the record the Court sets the case for oral argument, or
as are referred to therein and other documents requires the parties to submit memoranda, the
relevant and pertinent thereto. The requisite case shall be deemed submitted for decision
number of copies of the petition shall contain upon the filing of the comments on the
plain copies of all documents attached to the petition, or of such other pleadings or papers
original copy of said petition. as may be required or allowed, or the
The petition shall state the specific material expiration of the period to do so. (n)
dates showing that it was filed within the 4. Certiorari, Prohibition and Mandamus
period fixed herein, and shall contain a sworn a. Definitions
certification against forum shopping as provided
in the third paragraph of section 3, Rule 46. without jurisdiction – no jurisdiction from the
beginning; absolute want of jurisdiction
The petition shall further be accompanied
by proof of service of a copy thereof on the in excess of jurisdiction – transcended the
Commission concerned and on the adverse limits of authority without any statutory
party, and of the timely payment of docket authority
and other lawful fees. grave abuse of discretion – exercised its power
The failure of petitioner to comply with any in an arbitrary or despotic manner by reason of
of the foregoing requirements shall be passion or personal hostilities; so patent and
sufficient ground for the dismissal of the gross as to amount to an evasion or virtual
petition. (n) refusal to perform the duty enjoined or to act
in contemplation of law
Going to the SC, always 18 copies. Going to
the CA, always 7 copies. b. Purposes of a writ of
The petitioner must also file a certification Certiorari – to correct errors of jurisdiction;
against forum-shopping. refers to only to judicial or quasi-judicial
functions
Sec. 6. Order to comment. — If the
Supreme Court finds the petition sufficient in Prohibition – to prevent respondent from
form and substance, it shall order the usurping a jurisdiction which it is not legally
respondents to file their comments on the vested; refers to judicial, quasi-judicial, or
petition within ten (10) days from notice ministerial functions
thereof; otherwise, the Court may dismiss the Mandamus – to require or compel the
petition outright. The Court may also dismiss respondent to perform a particular duty, which
the petition if it was filed manifestly for delay, duty results from the official station of the
or the questions raised are too unsubstantial to respondent, or from operation of law; refers
warrant further proceedings. (n) only to ministerial duties
Sec. 7. Comments of respondents. — The Quo Warranto - a demand made by the state
comments of the respondents shall be filed in upon some individual or corporation to show by
eighteen (18) legible copies. The original shall what right they exercise some franchise or
be accompanied by certified true copies of privilege appertaining to the State which
such material portions of the record as are according to the Constitution or the laws of
referred to therein together with other the land, they can not legally exercise by virtue
supporting papers. The requisite number of of a grant or authority from the State
copies of the comments shall contain plain
copies of all documents attached to the c. Distinguish
original and a copy thereof shall be served on
the petitioner.
No other pleading may be filed by any party
unless required or allowed by the Court. (n)
Sec. 8. Effect of filing. — The filing of a
petition for certiorari shall not stay the
execution of the judgment or final order or
resolution sought to be reviewed, unless the
Supreme Court shall direct otherwise upon such
terms as it may deem just. (n)
Certiorari vs. Prohibition vs. Prohibition Mandamus
Mandamus
To prevent an act by To compel an act
Certiorari Prohibition Mandamus a respondent desired
Directed May be directed
Directed against a against entities May be directed
Directed
against a person exercising judicial or against judicial and
against a
person exercising quasi-judicial, or non-judicial entities
person
exercising to judicial or ministerial functions
exercising
judicial or quasi-judicial
ministerial Extends to
quasi-judicial functions, or Extends only to
duties discretionary
functions ministerial ministerial functions
functions
functions
Object is to Object is to Object is to Mandamus vs Quo Warranto
correct prevent compel
Mandamus Quo warranto
Purpose is to
compel Clarifies who has
Purpose is to Clarifies legal duties,
Purpose is to performance legal title to the
annul or not legal titles
stop the of the act office, or franchise
modify the
proceedings required and Respondent, without
proceedings
to collect claiming any right to Respondent usurps
damages the office, excludes the office
Person or Person or Person must the petitioner
entity must entity must have Certiorari Rule45 vs. Certiorari
have acted have acted neglected a Rule65
without or in without or in ministerial
excess of excess of duty or
jurisdiction, jurisdiction, excluded
or with grave or with grave another from
abuse of abuse of a right or
discretion discretion office
Held: The action has prescribed because quo Purpose of the taking Purpose of the taking
warranto prescribes after 1 year from the time is for public use is to promote general
welfare
the cause of action accrues (i.e. questioned
appointment). Resort to administrative remedy With just Without just
does not abate the period for judicial action. compensation compensation
Municipality of San Narciso v.
Mendez, 239 SCRA 11 (1994)
a. Rule 67
Facts: President Garcia created the Municipality
of San Andres by an EO in 1959. In 1965, the General Procedure in Expropriation
case of Pelaez v. Auditor-General was 1. verified complaint
promulgated declaring the creation of LGUs to 2. plaintiff may immediately enter upon
be a legislative, not an executive function. deposit, with a government depositary bank,
Municipality of San Narciso files a petition for of the assessed value of the property
quo warranto against the LG officials of San
Andres in 1989. 3. defendant files either
Held: The quo warranto is focused on the legal a. notice of appearance and manifestation,
existence of a body politic; the action is or
reserved to the State. It must be brought "in b. answer
the name of the Republic of the Philippines"
and commenced by the Solicitor General or the 4. order of expropriation, may be appealed
fiscal "when directed by the President of the which does not suspend proceedings
Philippines." Such officers may, under certain 5. court appoints 3 commissioners
circumstances, bring such an action "at the 6. commissioners’ report filed within 60 days
request and upon the relation of another from notification of appointment
person" with the permission of the court. When
an individual seeks to commence an action for 7. parties have 10 days to file their objections
quo warranto in his own name, this can only be to the report
done if he claims to be "entitled to a public 8. court accepts or rejects the commissioners’
office or position usurped or unlawfully held or report, or recommits to the commissioners,
exercised by another." While the quo warranto or appoint another set of commissioners
proceedings filed below by petitioner
municipality has so named only the officials of 9. plaintiff enters or retains possession upon
the Municipality of San Andres as respondents, payment of just compensation
it is virtually, however, a denunciation of the 10.Entry not delayed by appeal; reversal
authority of the Municipality or Municipal entitles defendant to recover possession
District of San Andres to exist and to act in Section 1. The complaint. — The right of
that capacity. Besides, the cause of action has eminent domain shall be exercised by the filing
prescribed because it was filed nearly 30 years of a verified complaint which shall state with
certainty the right and purpose of amount to be deposited shall be promptly fixed
expropriation, describe the real or personal by the court.
property sought to be expropriated, and join as After such deposit is made the court shall
defendants all persons owning or claiming to order the sheriff or other proper officer to
own, or occupying, any part thereof or interest forthwith place the plaintiff in possession of
therein, showing, so far as practicable, the the property involved and promptly submit a
separate interest of each defendant. If the title report thereof to the court with service of
to any property sought to be expropriated copies to the parties. (2a)
appears to be in the Republic of the Philippines,
although occupied by private individuals, or if Requisites for plaintiff to enter upon the
the title is otherwise obscure or doubtful so possession of the real property involved
that the plaintiff cannot with accuracy or 1. upon filing of the complaint, or at any time
certainty specify who are the real owners, thereafter
averment to that effect shall be made in the
complaint. (1a) 2. with due notice to the defendant
Contents of a complaint for expropriation 3. deposits with the authorized government
depositary an amount equivalent to the
1. verified
a. real property – assessed value of the
2. state with certainty the right and purpose property for purposes of taxation
of expropriation
b. personal property – value provisionally
3. describe the real or personal property ascertained and the amount to be
sought to be expropriated deposited as fixed by the court (NOTE:
4. join as defendants all persons owning or Concerning right of way, site or location
claiming to own, or occupying, any part of national government infrastructure
thereof or interest therein, showing, so far projects: The required deposit is now
as practicable, the separate interest of each non-existent pursuant to RA8974)
defendant. 4. Deposit must be
5. averment of the following if it so appears a. in money, or
a. title to the property is in the Republic of b. if the court so authorizes, the deposit of
the Philippines, although occupied by a certificate of deposit of a government
private individuals, or bank of the Republic of the Philippines
b. title is otherwise obscure or doubtful so payable on demand to the authorized
that the plaintiff cannot with accuracy government depositary.
or certainty specify who are the real 5. court ordering the sheriff or other proper
owners officer to
Sec. 2. Entry of plaintiff upon depositing a. place the plaintiff in possession of the
value with authorized government depositary. property involved and
— Upon the filing of the complaint or at any
time thereafter and after due notice to the b. submit a report thereof to the court
defendant, the plaintiff shall have the right to with service of copies to the parties
take or enter upon the possession of the real Sec. 3. Defenses and objections. — If a
property involved if he deposits with the defendant has no objection or defense to the
authorized government depositary an amount action or the taking of his property, he may
equivalent to the assessed value of the file and serve a notice of appearance and a
property for purposes of taxation to be held by manifestation to that effect, specifically
such bank subject to the orders of the court. designating or identifying the property in which
Such deposit shall be in money, unless in lieu he claims to be interested, within the time
thereof the court authorizes the deposit of a stated in the summons. Thereafter, he shall be
certificate of deposit of a government bank of entitled to notice of all proceedings affecting
the Republic of the Philippines payable on the same.
demand to the authorized government If a defendant has any objection to the
depositary. filing of or the allegations in the complaint, or
If personal property is involved, its value any objection or defense to the taking of his
shall be provisionally ascertained and the property, he shall serve his answer within the
time stated in the summons. The answer shall g. the court, in the interest of justice, may
specifically designate or identify the property in permit amendments to the answer to be
which he claims to have an interest, state the made not later than 10 days from the
nature and extent of the interest claimed, and filing
adduce all his objections and defenses to the However, at the trial of the issue of just
taking of his property. No counterclaim, cross- compensation, whether or not a defendant has
claim or third-party complaint shall be alleged previously appeared or answered, he may
or allowed in the answer or any subsequent present evidence as to the amount of the
pleading. compensation to be paid for his property, and
A defendant waives all defenses and he may share in the distribution of the award.
objections not so alleged but the court, in the Sec. 4. Order of expropriation. — If the
interest of justice, may permit amendments to objections to and the defenses against the
the answer to be made not later than ten (10) right of the plaintiff to expropriate the
days from the filing thereof. However, at the property are overruled, or when no party
trial of the issue of just compensation, whether appears to defend as required by this Rule, the
or not a defendant has previously appeared or court may issue an order of expropriation
answered, he may present evidence as to the declaring that the plaintiff has a lawful right to
amount of the compensation to be paid for his take the property sought to be expropriated,
property, and he may share in the distribution for the public use or purpose described in the
of the award. (n) complaint, upon the payment of just
If a defendant has: compensation to be determined as of the date
1. no objection or defense to the action of the taking of the property or the filing of
or the taking of his property – he the complaint, whichever came first.
may file and serve A final order sustaining the right to
a. a notice of appearance expropriate the property may be appealed by
any party aggrieved thereby. Such appeal,
b. a manifestation to that effect however, shall not prevent the court from
c. specifically designating or identifying the determining the just compensation to be paid.
property in which he claims to be After the rendition of such an order, the
interested plaintiff shall not be permitted to dismiss or
d. within the time stated in the summons discontinue the proceeding except on such
terms as the court deems just and equitable.
e. thereafter, he shall be entitled to notice (4a)
of all proceedings affecting the same.
If the objections to and the defenses against
2. any objection to the filing of or the the right of the plaintiff to expropriate the
allegations in the complaint, or any property are overruled, or when no party
objection or defense to the taking of appears to defend as required by this Rule, the
his property – he shall court may issue an order of expropriation
a. serve his answer within the time stated 1. declaring that the plaintiff has a lawful right
in the summons to take the property sought to be
b. answer shall specifically designate or expropriated
identify the property in which he claims 2. for the public use or purpose described in
to have an interest the complaint
c. state the nature and extent of the 3. upon the payment of just compensation to
interest claimed be determined as of the date of the taking
d. adduce all his objections and defenses of the property or the filing of the
to the taking of his property complaint, whichever came first.
e. No counterclaim, cross-claim or third- A final order sustaining the right to expropriate
party complaint shall be alleged or the property may be appealed by any party
allowed in the answer or any subsequent aggrieved thereby. Such appeal, however, shall
pleading. not prevent the court from determining the
f. A defendant waives all defenses and just compensation to be paid.
objections not so alleged
After the rendition of such an order, the introduced by either party before the
plaintiff shall not be permitted to dismiss or commissioners who are authorized to
discontinue the proceeding except on such administer oaths on hearings before them, and
terms as the court deems just and equitable. the commissioners shall, unless the parties
Sec. 5. Ascertainment of compensation. — consent to the contrary, after due notice to
Upon the rendition of the order of the parties to attend, view and examine the
expropriation, the court shall appoint not more property sought to be expropriated and its
than three (3) competent and disinterested surroundings, and may measure the same, after
persons as commissioners to ascertain and which either party may, by himself or counsel,
report to the court the just compensation for argue the case. The commissioners shall assess
the property sought to be taken. The order of the consequential damages to the property not
appointment shall designate the time and place taken and deduct from such consequential
of the first session of the hearing to be held damages the consequential benefits to be
by the commissioners and specify the time derived by the owner from the public use or
within which their report shall be submitted to purpose of the property taken, the operation
the court. of its franchise by the corporation or the
carrying on of the business of the corporation
Copies of the order shall be served on the or person taking the property. But in no case
parties. Objections to the appointment of any shall the consequential benefits assessed
of the commissioners shall be filed with the exceed the consequential damages assessed, or
court within ten (10) days from service, and the owner be deprived of the actual value of
shall be resolved within thirty (30) days after his property so taken. (6a)
all the commissioners shall have received copies
of the objections. (5a) Before entering upon the performance of their
duties
Commissioners are appointed only if the parties
can not agree as to the just compensation for 1. the commissioners shall take and subscribe
the property an oath that they will faithfully perform
their duties as commissioners
Upon the rendition of the order of
expropriation - 2. such oath shall be filed in court with the
other proceedings in the case.
1. the court shall appoint not more than 3
competent and disinterested persons as Evidence may be introduced by either party
commissioners to ascertain and report to before the commissioners who are authorized
the court the just compensation for the to administer oaths on hearings before them,
property sought to be taken. and the commissioners shall, unless the parties
consent to the contrary, after due notice to
2. The order of appointment shall designate the parties to attend, view and examine the
the time and place of the first session of property sought to be expropriated and its
the hearing to be held by the surroundings, and may measure the same, after
commissioners and specify the time within which either party may, by himself or counsel,
which their report shall be submitted to the argue the case.
court.
The commissioners shall assess the
3. Copies of the order shall be served on the consequential damages to the property not
parties. taken and deduct from such consequential
4. Objections to the appointment of any of damages the consequential benefits to be
the commissioners shall be filed with the derived by the owner from the public use or
court within 10 days from service, and shall purpose of the property taken, the operation
be resolved within 30 days after all the of its franchise by the corporation or the
commissioners shall have received copies of carrying on of the business of the corporation
the objections. or person taking the property. But in no case
shall the consequential benefits assessed
Sec. 6. Proceedings by commissioners. — exceed the consequential damages assessed, or
Before entering upon the performance of their the owner be deprived of the actual value of
duties, the commissioners shall take and his property so taken.
subscribe an oath that they will faithfully
perform their duties as commissioners, which Sec. 7. Report by commissioners and
oath shall be filed in court with the other judgment thereupon. — The court may order
proceedings in the case. Evidence may be the commissioners to report when any
particular portion of the real estate shall have Sec. 10. Rights of plaintiff after judgment
been passed upon by them, and may render and payment. — Upon payment by the plaintiff
judgment upon such partial report, and direct to the defendant of the compensation fixed by
the commissioners to proceed with their work the judgment, with legal interest thereon from
as to subsequent portions of the property the taking of the possession of the property,
sought to be expropriated, and may from time or after tender to him of the amount so fixed
to time so deal with such property. The and payment of the costs, the plaintiff shall
commissioners shall make a full and accurate have the right to enter upon the property
report to the court of all their proceedings, and expropriated and to appropriate it for the
such proceedings shall not be effectual until public use or purpose defined in the judgment,
the court shall have accepted their report and or to retain it should he have taken immediate
rendered judgment in accordance with their possession thereof under the provisions of
recommendations. Except as otherwise section 2 hereof. If the defendant and his
expressly ordered by the court, such report counsel absent themselves from the court, or
shall be filed within sixty (60) days from the decline to receive the amount tendered, the
date the commissioners were notified of their same shall be ordered to be deposited in court
appointment, which time may be extended in and such deposit shall have the same effect as
the discretion of the court. Upon the filing of actual payment thereof to the defendant or
such report, the clerk of the court shall serve the person ultimately adjudged entitled thereto.
copies thereof on all interested parties, with (10a)
notice that they are allowed ten (10) days Sec. 11. Entry not delayed by appeal; effect
within which to file objections to the findings of reversal. — The right of the plaintiff to
of the report, if they so desire. (7a) enter upon the property of the defendant and
Sec. 8. Action upon commissioners’ report. appropriate the same for public use or purpose
— Upon the expiration of the period of ten shall not be delayed by an appeal from the
(10) days referred to in the preceding section, judgment. But if the appellate court determines
or even before the expiration of such period that plaintiff has no right of expropriation,
but after all the interested parties have filed judgment shall be rendered ordering the
their objections to the report or their Regional Trial Court to forthwith enforce the
statement of agreement therewith, the court restoration to the defendant of the possession
may, after hearing, accept the report and of the property, and to determine the damages
render judgment in accordance therewith; or, which the defendant sustained and may recover
for cause shown, it may recommit the same to by reason of the possession taken by the
the commissioners for further report of facts; plaintiff. (11a)
or it may set aside the report and appoint new Note that entry may not be delayed by appeal.
commissioners; or it may accept the report in The remedy, in case of reversal on appeal, is
part and reject it in part; and it may make to restore the defendant to possession plus
such order or render such judgment as shall damages.
secure to the plaintiff the property essential to
the exercise of his right of expropriation, and Sec. 12. Costs, by whom paid. — The fees
to the defendant just compensation for the of the commissioners shall be taxed as a part
property so taken. (8a) of the costs of the proceedings. All costs,
except those of rival claimants litigating their
Sec. 9. Uncertain ownership; conflicting claims, shall be paid by the plaintiff, unless an
claims. — If the ownership of the property appeal is taken by the owner of the property
taken is uncertain, or there are conflicting and the judgment is affirmed, in which event
claims to any part thereof, the court may order the costs of the appeal shall be paid by the
any sum or sums awarded as compensation for owner. (12a)
the property to be paid to the court for the
benefit of the person adjudged in the same Sec. 13. Recording judgment, and its effect.
proceeding to be entitled thereto. But the — The judgment entered in expropriation
judgment shall require the payment of the sum proceedings shall state definitely, by an
or sums awarded to either the defendant or adequate description, the particular property or
the court before the plaintiff can enter upon interest therein expropriated, and the nature of
the property, or retain it for the public use or the public use or purpose for which it is
purpose if entry has already been made. (9a) expropriated. When real estate is expropriated,
a certified copy of such judgment shall be
recorded in the registry of deeds of the place
in which the property is situated, and its effect needs and means, if really they only want to
shall be to vest in the plaintiff the title to the own their own homes, are aplenty elsewhere.
real estate so described for such public use or On the other hand, the defendant not only has
purpose. (13a) invested a considerable amount for its property
Sec. 14. Power of guardian in such but had the plans for construction ready and
proceedings. — The guardian or guardian ad would have completed the project a long time
litem of a minor or of a person judicially ago had it not been stopped by the city
declared to be incompetent may, with the authorities. While a handful of people stand to
approval of the court first had, do and perform profit by the expropriation, the development of
on behalf of his ward any act, matter, or thing a university that has a present enrollment of
respecting the expropriation for public use or 9,000 students would be sacrificed. Any good
purpose of property belonging to such minor or that would accrue to the public from providing
person judicially declared to be incompetent, homes to a few families fades into
which such minor or person judicially declared insignificance in comparison with the
to be incompetent could do in such preparation of young men and young women
proceedings if he were of age or competent. for useful citizenship and for service to the
(14a) government and the community, a task which
the government alone is not in a position to
b. Cases undertake.
City of Manila v. Arellano Law Note: This case is authority for saying that
Colleges, 85 Phil 663 (1950) public purpose alone is not enough to authorize
Facts: City of Manila seeks to expropriate land expropriation.
of Arellano University for the purpose of EPZA v. Dulay, 149 SCRA 305
reselling it to the poor FOR SOCIALIZED (1987)
HOUSING. NECESSITY OF PUBLIC PURPOSE.
PRACTICAL NECESSITY OF THE USE. Arellano
unit opposed said that they need it to expand Facts:
the university. The pres. Made a proclamation for the
expropriation of land for export processing
Issue: whether there is a practical necessity for agency to develop. EPSA filed expire case but
the taking of the property? they could not agree on JC. JUDGE DULAY
ordered appointed 3 commissioners, who would
survey and determine the value of the land.
EPZA said that 1533PD repealed rule 67 and
that it was not anymore necessary to appoint
Held:NO, there is no practical necessity for the commissioners because the assessed value of
taking of the property. the commissioner or court, whichever is lower.
1533 is unconstitutional, deprived the court
In expropriation, necessity for taking does not from determining JC.
mean an absolute but only a reasonable or
practical necessity, such as would combine the
greatest benefit to the public with the least
inconvenience and expense to the condemning Just compensation is the value of the property
party and property owner consistent with such at the time of the taking of the property, or
benefit. the fair and full equivalent of the loss
sustained. Determination of just compensation
In this case, necessity for the condemnation is a judicial function. Executive and legislative
has not been shown. The land in question has departments may make the initial
cost the owner P140,000. The people for determination, but it can not be deemed final.
whose benefit the condemnation is being Statutes that seek to impose otherwise, or
undertaken are so poor they could ill afford to seek to limit judicial “discretion” to
meet this high price, unless they intend to determining which is lower between the set
borrow the money with a view to disposing of values is unconstitutional. PD1533 is
the property later for a profit. Cheaper lands unconstitutional since the discretion in
not dedicated to a purpose so worthy as a determination of just compensation is provided
school and more suited to the occupants' for in the said decree, as evidenced in the
phrase “whichever is lower”, thereby robbing Mortgagee has to file
the court of the exclusive discretion to a separate action to Mortagagee can move
determine just compensation. recover any for deficiency
deficiency judgment in the
same action
Any law that already determines the JC is
unconstitutional because the court would be Buyer at public
deprived of its discretion to determine JC auction becomes Buyer at public
Manila Electric Company v. Pineda, absolute owner only auction becomes
after finality of an absolute owner only
206 SCRA 196 (1992)
action for after confirmation of
consolidation of the sale
ownership
Appointment of 3 commissioners to ascertain
just compensation is a mandatory requirement Mortgagee is given a
in expropriation. Though its findings may be special power of
disregarded by the court, it may only do so for attorney in the Mortgagee need not
valid reason. Trial with the aid of mortgage contract to be given a special
commissioners is a substantial right that may foreclose the power of attorney
not be done away with capriciously. Moreover, mortgaged property
where the commissioner’s report is disregarded, in case of default
the court must make its own estimate of value Redemption period
from the competent evidence on record.
Recovery of deficiency
Finality of the sale - made within the province
in which the property is situated
7. Foreclosure of Real Estate Mortgage Express provision
Procedure - Notice and filing/
Extra-judicial Judicial foreclosure Notice of foreclosure sale; posted not less than
Foreclosure under 20 days before the actual sale in the place
act 3135 where prop is located. Newspaper of General
There must be circulation
express provision in Under the general banking act, if Bank CR/
the contract allowing MGEE, the redemption period , 3 months from
EJF so no need to sale
file complaint in
court FPR MORTGAGEE BANKS EVEN IF JUJDICIAL
FORECLOSURE, THERE IS STILL A REDEMPTION
Complaint is filed PERIOD, 3 MONTHS.
No complaint is filed with the courts
GO TO THE SHERIFF INITIATE BY
COMPLAINT WHAT COURT SHOULD YOU FILE THE JUDICIAL
FORECLOSURE. THIS WILL AFFECT THE TITLE
Equity of redemption OF THE PROPERTY. SO IT DEPENDS ON THE
only (to pay the
debt)(90 to 120 days,
VALEU OF THE PROPERTY NGA MARTC BA OR
Mortgagor has a right and any time before MTC.
of redemption for 1 confirmation of RTC HERE, DEEMD CAPABLE OF PECUNIARY
year from registration foreclosure sale), ESTIMATION
of the sale unless right of
redemption granted
by law (e.g. bank-
mortgagees)
Facts: Lessor allows lessee to occupy area in Not appealable; only Appealable by notice
excess of the lease until lessor needs it. remedy is special civil of appeal
Lessee refused to vacate on demand. Lessor action for certiorari
or prohibition
files case for unlawful detainer and forcible
entry. Punished up to P2,000 Punished up to
Held: The suit should be for unlawful detainer. fine and/or 10 day P30,000 fine and/or 6
imprisonment if months imprisonment
The lessee’s possession of the excess area was
committed against if committed against
lawful until demand to vacate was ignored. superior courts; P200 superior courts;
Distinction between forcible entry and unlawful and/or 1 day if P5,000 and/or 1
detainer: committed against month if committed
lower courts against lower courts
(1) As to possession:
in forcible entry, the possession of the
intruder or person who deprives another of a. Rule 71
the possession of a land or building is illegal General Procedure in Contempt
from the beginning because his entry into
or taking possession thereof is made Section 1. Direct contempt punished
against the will or without the consent of summarily. — A person guilty of misbehavior in
the former possessor; the presence of or so near a court as to
obstruct or interrupt the proceedings before
while in unlawful detainer, the possession of the same, including disrespect toward the
the detainer is originally legal or lawful, but court, offensive personalities toward others, or
it becomes illegal after the expiration or refusal to be sworn or to answer as a witness,
termination of his right to hold possession or to subscribe an affidavit or deposition when
of the land or building by virtue of a lawfully required to do so, may be summarily
contract; adjudged in contempt by such court and
(2) As to demand to vacate: punished by a fine not exceeding two thousand
in forcible entry, no previous demand to pesos or imprisonment not exceeding ten (10)
vacate is required by law before the filing days, or both, if it be a Regional Trial Court or
of the action; a court of equivalent or higher rank, or by a
fine not exceeding two hundred pesos or
while in an action for unlawful detainer by a imprisonment not exceeding one (1) day, or
landlord against his tenant, such demand is both, if it be a lower court. (1a)
required.
Direct Contempt
Allegation of prior possession is not required in
unlawful detainer, while such allegation is – misbehavior in the presence of or so near a
required in forcible entry. court as to obstruct or interrupt the
proceedings before the same including
San Pedro v. CA, 235 SCRA 145
(1994) 3. disrespect toward the court
Failure of the defendant to make periodic 4. offensive personalities toward others, or
deposits pending appeal results in execution 5. refusal to be sworn or to answer as a
pending appeal. Execution of an ejectment case witness
pending appeal is not stayed by a pending
6. refusal to subscribe an affidavit or (b) Disobedience of or resistance to a
deposition when lawfully required to do so lawful writ, process, order, or judgment
Direct contempt may be summarily adjudged of a court, including the act of a person
and punished by who, after being dispossessed or
ejected from any real property by the
1. a f i n e n o t e x c e e d i n g P 2 , 0 0 0 o r judgment or process of any court of
imprisonment not exceeding 10 days, or competent jurisdiction, enters or
both – if it be a RTC or a court of attempts or induces another to enter
equivalent or higher rank into or upon such real property, for the
2. a fine not exceeding P200 or imprisonment purpose of executing acts of ownership
not exceeding 1 day, or both - if it be a or possession, or in any manner disturbs
lower court. (1a) the possession given to the person
adjudged to be entitled thereto;
Sec. 2. Remedy therefrom. — The person
adjudged in direct contempt by any court may (c) Any abuse of or any unlawful
not appeal therefrom, but may avail himself of interference with the processes or
the remedies of certiorari or prohibition. The proceedings of a court not constituting
execution of the judgment shall be suspended direct contempt under section 1 of this
pending resolution of such petition, provided Rule;
such person files a bond fixed by the court (d) Any improper conduct tending, directly
which rendered the judgment and conditioned or indirectly, to impede, obstruct, or
that he will abide by and perform the judgment degrade the administration of justice;
should the petition be decided against him.
(2a) (e) Assuming to be an attorney or an
officer of a court, and acting as such
The person adjudged in direct contempt by any without authority;
court
(f) Failure to obey a subpoena duly served;
1. may not appeal therefrom
(g) The rescue, or attempted rescue, of a
2. may avail himself of the remedies of person or property in the custody of an
certiorari or prohibition (observe rule on officer by virtue of an order or process
hierarchy of courts) of a court held by him.
3. The execution of the judgment shall be But nothing in this section shall be so
suspended pending petition for certiorari or construed as to prevent the court from issuing
prohibition, provided such person files a process to bring the respondent into court, or
bond from holding him in custody pending such
a. fixed by the court which rendered the proceedings. (3a)
judgment and Note that in indirect contempt, a written
b. conditioned that he will abide by and charge must be filed, and a hearing conducted.
perform the judgment should the But the court may order the arrest of the
petition be decided against him respondent and to detain him pending the
contempt proceedings.
Note: Note that a conviction for direct
contempt is an exception to the general rule Instances of Indirect contempt
that special civil action for certiorari does not 1. Misbehavior of an officer of a court in the
stay execution. performance of his official duties or in his
Sec. 3. Indirect contempt to be punished official transactions;
after charge and hearing. — After a charge in 2. Disobedience of or resistance to a lawful
writing has been filed, and an opportunity given writ, process, order, or judgment of a court
to the respondent to comment thereon within
such period as may be fixed by the court and 3. abuse of or any unlawful interference with
to be heard by himself or counsel, a person the processes or proceedings of a court not
guilty of any of the following acts may be constituting direct contempt
punished for indirect contempt: 4. improper conduct tending, directly or
(a) Misbehavior of an officer of a court in indirectly, to impede, obstruct, or degrade
the performance of his official duties or the administration of justice
in his official transactions;
5. assuming to be an attorney or an officer of said petition shall be docketed, heard and
a court, and acting as such without decided separately, unless the court in its
authority; discretion orders the consolidation of the
6. failure to obey a subpoena duly served; contempt charge and the principal action for
joint hearing and decision. (n)
7. the rescue, or attempted rescue, of a
person or property in the custody of an Proceedings for indirect contempt
officer by virtue of an order or process of a 1. initiated by
court held by him. a. the court against which the contempt
Note that a losing party in an ejectment case was committed motu proprio – by an
does not commit contempt by mere refusal to order or any other formal charge
leave the premises. But if such party had been requiring the respondent to show cause
dispossessed pursuant to a court order, but why he should not be punished for
subsequently disturbs the possession of the contempt.
prevailing party, he now commits contempt. b. verified petition
cf Rule 39, Sec. 10 (c) 1) with supporting particulars and
Sec. 10. Execution of judgments for certified true copies of documents or
specific act. — papers involved therein, and
(c) Delivery or restitution of real 2) upon full compliance with the
property. — The officer shall demand of requirements for filing initiatory
the person against whom the judgment pleadings for civil actions in the court
for the delivery or restitution of real concerned.
property is rendered and all person 3) Allegation that the contempt charges
claiming rights under him to peaceably arose out of or are related to a
vacate the property within three (3) principal action pending in the court
working days, and restore possession
thereof to the judgment obligee; 2. an opportunity given to the respondent to
otherwise, the officer shall oust and a. comment thereon within such period as
such persons therefrom with the may be fixed by the court and
assistance, if necessary of appropriate
peace officers, and employing such b. be heard by himself or counsel
means as may be reasonably necessary 3. petition shall be docketed, heard and
to retake possession, and place the decided separately, unless the court in its
judgment obligee in possession of such discretion orders the consolidation of the
property. Any costs, damages, rents or contempt charge and the principal action
profits awarded by the judgment shall be for joint hearing and decision.
satisfied in the same manner as a 4. the court can issue process to bring the
judgment for money. (13a) respondent into court, or hold him in
Sec. 4. How proceedings commenced. — custody pending the indirect contempt
Proceedings for indirect contempt may be proceedings
initiated motu proprio by the court against SEC. 5. Where charge to be filed. - Where
which the contempt was committed by an the charge for indirect contempt has been
order or any other formal charge requiring the committed against a Regional Trial Court or a
respondent to show cause why he should not court of equivalent or higher rank, or against
be punished for contempt. an officer appointed by it, the charge may be
In all other cases, charges for indirect filed with such court. Where such contempt has
contempt shall be commenced by a verified been committed against a lower court, the
petition with supporting particulars and certified charge may be filed with the Regional Trial
true copies of documents or papers involved Court of the place in which the lower court is
therein, and upon full compliance with the sitting; but the proceedings may also be
requirements for filing initiatory pleadings for instituted in such lower court subject to appeal
civil actions in the court concerned. If the to the Regional Trial Court of such place in the
contempt charges arose out of or are related same manner as provided in section 11 of this
to a principal action pending in the court, the Rule. (4a)
petition for contempt shall allege that fact but
Where charge to be filed – if committed Sec. 8. Imprisonment until order obeyed. —
against When the contempt consists in the refusal or
1. a RTC or a higher court, or against an omission to do an act which is yet in the
officer appointed by it – the charge may be power of the respondent to perform, he may
filed with such court. be imprisoned by order of the court concerned
until he performs it. (7a)
2. a lower court – the charge may be filed
with Punishment for indirect contempt
a. such lower court subject to appeal to 1. committed against a RTC or a court of
the RTC equivalent or higher rank – a fine not
exceeding P30,000 or imprisonment not
b. the RTC of the place in which the lower exceeding 6 months, or both
court is sitting
2. committed against a lower court – a fine
Sec. 6. Hearing; release on bail. — If the not exceeding P5,000 or imprisonment not
hearing is not ordered to be had forthwith, the exceeding 1 month, or both.
respondent may be released from custody upon
filing a bond, in an amount fixed by the court, 3. consisting of violation of a writ of
for his appearance at the hearing of the injunction, TRO or status quo order –
charge. On the day set therefor, the court shall complete restitution to the party injured
proceed to investigate the charge and consider 4. refusal or omission to do an act which is
such comment, testimony or defense as the yet in the power of the respondent to
respondent may make or offer. (5a) perform – imprisonment until he performs it
If the hearing is not ordered to be had The writ of execution, as in ordinary civil
forthwith, the respondent may be released actions, shall issue for the enforcement of a
from custody upon filing a bond judgment imposing a fine unless the court
1. in an amount fixed by the court otherwise provides.
2. for his appearance at the hearing of the Sec. 9. Proceeding when party released on
charge bail fails to answer. — When a respondent
released on bail fails to appear on the day
The court shall proceed to investigate the fixed for the hearing, the court may issue
charge and consider such comment, testimony another order of arrest or may order the bond
or defense as the respondent may make or for his appearance to be forfeited and
offer. confiscated, or both; and, if the bond be
Sec. 7. Punishment for indirect contempt. proceeded against, the measure of damages
— If the respondent is adjudged guilty of shall be the extent of the loss or injury
indirect contempt committed against a Regional sustained by the aggrieved party by reason of
Trial Court or a court of equivalent or higher the misconduct for which the contempt charge
rank, he may be punished by a fine not was prosecuted, with the costs of the
exceeding thirty thousand pesos or proceedings, and such recovery shall be for the
imprisonment not exceeding six (6) months, or benefit of the party injured. If there is no
both. If he is adjudged guilty of contempt aggrieved party, the bond shall be liable and
committed against a lower court, he may be disposed of as in criminal cases. (8a)
punished by a fine not exceeding five thousand When a respondent released on bail fails to
pesos or imprisonment not exceeding one (1) appear on the day fixed for the hearing, the
month, or both. If the contempt consists in the court may
violation of a writ of injunction, temporary
restraining order or status quo order, he may 1. issue another order of arrest and/or
also be ordered to make complete restitution 2. may order the bond for his appearance to
to the party injured by such violation of the be forfeited and confiscated
property involved or such amount as may be a. the measure of damages shall be the
alleged and proved. extent of the loss or injury sustained by
The writ of execution, as in ordinary civil the aggrieved party by reason of the
actions, shall issue for the enforcement of a misconduct for which the contempt
judgment imposing a fine unless the court charge was prosecuted, with the costs
otherwise provides. (6a) of the proceedings, and such recovery
shall be for the benefit of the party jurisdiction over such charges as may be filed
injured. therefor. (n)
b. If there is no aggrieved party, the bond RTC has jurisdiction over contempt committed
shall be liable and disposed of as in against quasi-judicial entities.
criminal cases. NOTE: The power to punish contempt should
Sec. 10. Court may release respondent. — be exercised on the preservative and not on
The court which issued the order imprisoning a the vindictive principle with the corrective
person for contempt may discharge him from rather than the retaliatory idea of punishment.
imprisonment when it appears that public b. Cases
interest will not be prejudiced by his release.
(9a) Ang v. Castro, 136 SCRA 453
(1985)
The court which issued the order imprisoning a
person for contempt may discharge him from FACTS: Petitioner Ang lodged with SC an
imprisonment when it appears that public administrative complaint against respondent
interest will not be prejudiced by his release. judge Castro for ignorance of the law, gross
inexcusable negligence, incompetence, manifest
Sec. 11. Review of judgment or final order; partiality, grave abuse of discretion, grave
bond for stay. — The judgment or final order misconduct, rendering unjust decision in Civil
of a court in a case of indirect contempt may Case No. Q-35466 and dereliction of duties in
be appealed to the proper court as in criminal not resolving his motion for reconsideration of
cases. But execution of the judgment or final the adverse decision in said civil case.
order shall not be suspended until a bond is
filed by the person adjudged in contempt, in an Upon learning of the administrative case filed
amount fixed by the court from which the against him by Ang, Judge Castro ordered Ang
appeal is taken, conditioned that if the appeal to appear before him and to show cause why
be decided against him he will abide by and he should not be punished for contempt of
perform the judgment or final order. (10a) court, for malicious, insolent, inexcusable
The judgment or final order of a court in a disrespect and contemptuous attitude towards
case of indirect contempt the court and towards him.
1. may be appealed to the proper court as in
criminal cases. Judge Castro found Ang guilty of contempt of
court, sentenced him to suffer five (5) days
2. execution pending appeal shall not be imprisonment and ordered his arrest for his
suspended until a bond is filed by the failure, despite notice, to appear on the
person adjudged in contempt scheduled hearing of the contempt charge
a. in an amount fixed by the court from against him.
which the appeal is taken
Ang filed his notice of appeal from the
b. conditioned that if the appeal be judgment of conviction in the contempt charge
decided against him he will abide by and but the same was denied by the respondent
perform the judgment or final order judge.
Note that in both direct and indirect
contempts, execution pending appeal is stayed Thereafter, respondent judge instituted before
only by posting a bond even if the modes of the Office of the City Fiscal of Quezon City a
appeal are different. criminal complaint (I.S. No. 83-221983 for libel
Sec.12. Contempt against quasi-judicial against herein petitioner for using malicious,
entities. — Unless otherwise provided by law, insolent and contemptuous language against
this Rule shall apply to contempt committed him in his letter-complaint filed before this
against persons, entities, bodies or agencies Court.
exercising quasi-judicial functions, or shall have
suppletory effect to such rules as they may HELD: The use of disrespectful or
have adopted pursuant to authority granted to contemptuous language against a particular
them by law to punish for contempt. The judge in pleadings presented in another court
Regional Trial Court of the place wherein the or proceeding is indirect, not direct, contempt
contempt has been committed shall have as it is not tantamount to a misbehavior in the
presence of or so near a court or judge as to
interrupt the administration of justice. Stated Cabilan v. Ramolete, 192 SCRA
differently, if the pleading containing 674 (1990)
derogatory, offensive or malicious statements is Even a pleading submitted to the court may
submitted in the same court or judge in which contain derogatory or malicious statements
the proceedings are pending, it is direct which constitute direct contempt against such
contempt. court. It amounts to misbehaviour committed in
People v. Torio, 118 SCRA 17 the presence of or so near a court or judge as
(1982) to interrupt the administration of justice. Direct
FACTS: Appellant Torio was the attorney of contempt may be punished summarily, without
record for the accused Jose Vinluan. Upon hearing.
agreement of the parties the continuation of Pascua v. Heirs of Simeon, 161
the hearing of said case was set for 2pm SCRA 1 (1988)
28Jul66, and the appellant signed the FACTS: Judgment was rendered in favor of
notification in open court. Because the Lower respondents and against the defendants therein
Court held a pre-trial conference of civil case ordering the latter to pay P19,720.00. The
also assigned on said date, said criminal case defendants appealed to the CA but for failure
was later called at 2:30pm. of their counsel to submit the brief within the
reglementary period, the appeal was dismissed
When the case was called for hearing the and the case was remanded to the trial court
presiding judge noticed that the accused for execution of judgment.
Vinluan, although present, was not represented
by counsel. Vinluan was asked by the Court to To satisfy the judgment, twenty (20) parcels
look for his lawyer, who was not yet present in of land were levied upon and then sold at
court, and so he called Torio by telephone in public auction in which the highest bidders
his residence but there was no answer. In view were the respondents. As the judgment
of the failure of Torio, as counsel for Vinluan, debtors failed to redeem the properties within
to appear for the hearing at 2:30pm, the the twelve-month period, the Provincial Sheriff
Lower Court ordered the continuation of the of Tarlac issued a Certificate of Absolute Sale.
trial of said case to 9am 04Aug66. On motion, Judge Alzate ordered the issuance
of a writ of possession. However, the
However, at 2:45pm or 15mins later, the Torio defendants/judgment debtors would not vacate
arrived and the Court ordered the resumption the premises. So respondents filed a motion
of the trial. Torio appeared for accused Jose before the trial court to declare the defendants
Vinluan and announced that he was ready for in contempt of court. CFI Judge Alzate held
the hearing. At this juncture, the presiding defendants guilty of indirect contempt.
judge, asked Torio why he was not present
when the case was called for hearing at HELD: Mere refusal of a litigant to vacate the
2:30pm in spite of the fact that it was property subject of a writ of possession does
scheduled at 2pm to which he answered that not constitute contempt. The writ is directed
he had car problems. The judge considered to the sheriff, not the parties. The remedy is
the explanation as `not satisfactory' and right for the sheriff to dispossess them of the
then and there imposed a fine of P50.00 upon premises and deliver possession to the winning
Torio, without any charge in writing nor an party. However, if after being dispossessed, the
opportunity given to be heard by himself or party re-enters the property for the purpose of
counsel, held him in contempt of court, and executing acts of ownership or possession, he
further ordered him to pay the fine within 24 may then be charged for contempt.
hours. Santiago v. Anunciacion, Jr., 184
SCRA 118 (1990)
The hearing of the criminal case proceeded Facts: Santiago was the counsel for the
with the appellant assisting his client, until the accused in a kidnapping case. The alleged
final termination of the trial. kidnapping victim, Amylie, subsequently claimed
that she was not kidnapped but was in fact
HELD: Failure to appear in court is not direct the lover of the accused. On the day Amylie
contempt. It may however constitute indirect was supposed to testify that she was not
contempt. kidnapped, a warrant of arrest was served on
her in connection for a case of disobedience
filed by her own mother. Upon Santiago’s A writ of execution was subsequently issued by
request, Amylie was arrested only after she respondent Judge. However, pursuant to
had testified. A case for indirect contempt was Barrete's request, the Sheriff gave her until the
filed against Santiago in the court hearing the end of the month to vacate the subject
disobedience case. On the date of hearing, a premises. 6mos thereafter, Barrete had not
private prosecutor entered his appearance. vacated; hence, an alias writ of execution was
Santiago objects. issued. Again, Barrete was given an extension
of 2days to pack up and leave. Sheriff went
Held: A contempt charge partakes the nature back to the premises and although he did not
of a penal proceeding. Being so, it is subject to find Barrete there, it was clear that she had
the rules on criminal procedure and the rules not vacated because her furniture and other
on the intervention of the offended party in belongings were still in the house. Upon inquiry,
criminal actions. The rule is that unless the the Sheriff learned that Barrete had gone to
offended party has waived the civil action or Tacloban City and was due to return anytime.
expressly reserved the right to institute it The Sheriff then put a padlock on the door of
separately from the criminal action, he may Barrete’s house.
intervene by counsel in the prosecution of the
offense. The intervention of the offended Plaintiff Bungabong's counsel filed a motion to
party is subject to the direction and control of declare Barrete in Contempt of Court.
the fiscal, and for the sole purpose of
enforcing the civil liability of the accused, and Respondent Judge ordered for the arrest of
as we have held, "not of demanding Barrete. Barrete was arrested in her house on
punishment of the accused." 25Jul92, a Saturday. A motion to quash the
In the case at bar, there is no justification for order of arrest and to release Barrete was
the prosecution of the case by a private filed, but Barrete and her 3 children remained
prosecutor. In this instance, the kind of in detention until 28Jul92, a Tuesday (the
contempt (indirect) for which the petitioner is Judge being absent from office Monday,
sought to be held liable provides for no 27Jul92) after she had been brought before
indemnity because the alleged "obstruction" respondent Judge and had promised that she
committed was an offense against the State, would vacate the house and lot she had been
the respondent court in particular, which occupying.
involves no private party.
Note: I think this case is illustrative of the In her administrative complaint, Barrete alleged
distinction between civil (to enforce rights of that she had requested the Sheriff to give her
litigants) and criminal (to vindicate court up to the end of July to pack her things and
authority) contempt. The capacity of a private look for a new place, for her and her 3
prosecutor to intervene in contempt children, to stay in.
proceedings is similar to that in criminal cases.
If there is a private offended party, i.e. civil Barrete then left for Tagbilaran City.
contempt, a private prosecutor may intervene. Meanwhile, on 08Jul92, the Sheriff locked up
If there is no private offended party (criminal the subject house with Barrete's things still in
contempt), a private prosecutor may not it.
intervene. The contempt that Santiago was
alleged to have committed is criminal contempt Upon her return, Barrete entered said house by
because he was alleged to have interfered with passing through two (2) wooden jalousie
court processes. blades, to continue packing her things.
Barrete v. Amila, 230 SCRA 219
(1994) It was in the early morning of 25Jul92 that
FACTS: The instant complaint originated from Barrete was arrested in the subject house and
the decision rendered by respondent Judge with her three (3) minor children, was detained
Amila in Civil Case No. 313, in favor of plaintiff at the Municipal Jail of Batuan, Bohol, until
Juanita Bungabong, which ordered defendant 28Jul92.
Rosita Barrete, herein complainant, to vacate
the house owned by plaintiff which was Barrete avers that her arrest and detention
occupied by complainant. without according her a day in court
constituted a flagrant violation of her right to
due process.
Respondent Judge alleges that after the motion
to declare Barrete in contempt was filed, he
conducted an ocular inspection of the subject
house on 23Jul92, only to find out that
Barrete had indeed not vacated the same. For
Barrete's disobedience, he issued an Order for
her arrest. However, respondent Judge ordered
her release right after complainant promised to
vacate the premises.