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

What special civil actions are initiated by complaint? 1. 2. 3. 4. 5. Interpleader Expropriation Foreclosure of real estate mortgage Partition Forcible entry and unlawful detainer

1. When subject is personal property not more than (a) 2.

P200K or (b) P400K in Metro Manila. (If more than the specified amount - RTC) When subject is real property valued at not more than (a) P20K or (b) P50K in Metro Manila. (If more than the specified amount - RTC)

What special civil actions are initiated by petition? 1. 2. 3. 4. 5. Declaratory relief and similar remedies Review of judgments and final orders or resolutions of the COMELEC and COA Certiorari, prohibition and mandamus Quo warranto Contempt

Does the MTC have jurisdiction when the subject matter of interpleader is performance of an obligation? No, such is incapable of pecuniary estimation; thus, it is under the jurisdiction of RTC. Instances of Interpleader 1. No interest whatever in subject matter

What is interpleader? 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. When may interpleader be filed? 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?

Sheriff who files interpleader against conflicting claimants to 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. 3. Counterclaim in interpleader

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. What is declaratory relief? It is a special civil action brought to secure an authoritative 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 COURT IS NOT BOUND (may refuse) TO RENDER Similar remedies Court is bound to render judgment

1. 2. 3. 4.

There must be two or more conflicting claimants Plaintiff claims no interest in the subject matter Subject matter must be one and the same; and Parties to be impleaded must make effective claims.

What is the purpose of interpleader? To protect against double vexation Interpleader and Intervention distinguished Interpleader 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 Intervention 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

JUDGMENT Distinguish Ordinary action and declaratory relief Ordinary action Writ of execution - available There is breach or violation of rights Motion to dismiss under rule 16 and 17 available Declaratory relief NO WRIT OF EXECUTION No breach or violation of rights Motion to dismiss under sec 5 rule 63 also available

Prosecutor or attorney of the local government unit When may the court refuse to grant petition for declaratory relief? 1. 2. If decision will not terminate controversy or uncertainty giving rise to the action, or If declaration or construction is not necessary and proper under the circumstances

What are the similar remedies to declaratory relief? 1. 2. 3. Action for reformation of an instrument; Action for quieting of title; and Action to consolidate ownership

What are the two principal criteria of courts in rendering declaratory judgments? 1. 2. Judgment will be useful in clarifying legal relations in issue, and Judgment will afford relief from uncertainty giving rise to controversy

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. 2. 3. 4. 5. 6. 7. Subject matter must be a deed, will, contract, or other written instrument There must be a actual justiciable controversy (ripening seeds) There must be no breach of documents in question Terms and validity of document are doubtful and require judicial construction Issue must be ripe for judicial determination Adequate relief is not available thru other actions Relief sought is to determine the rights and duties under the statute

What are the circumstances when declaratory relief is not available? 1. 2. Action to obtain declaration of citizenship 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. Review of judgments and final orders or resolutions of the COMELEC and COA (Rule 64) distinguished from Certiorari, Prohibition and Mandamus (Rule 65) Rule 64 Time frame 30 days Reckoning period from notice of judgment Power of court to hear not under concurrent jurisdiction Rule 65 Time frame 60 days Reckoning period from receipt of denial of MR Power of court to hear Under concurrent jurisdiction

What is the purpose of declaratory relief? To ask court to make a proper interpretation of a contract, statute, etc., not injuction or execution. Who are the parties in declaratory relief? Any person who have interest and would be affected by the declaration Who should be notified by the party filing the declaratory relief if the subject of the action is a statute, executive order, or other regulation of the government? Solicitor General Who should be notified by the party filing declaratory relief if the subject of the action is a local government ordinance?

Who has exclusive appellate jurisdiction over resolutions of the CSC? CA, because of the amendment introduced by RA 7902 Who has jurisdiction to review final orders and resolutions of COMELEC and COA?

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. 2. 3. 4. There must be a controversy Respondent is exercising judicial or quasi-judicial functions Respondent acted without or in excess of jurisdiction There must be no remedy of appeal or other plain, speedy and adequate remedy

What are the instances when there is no right to appeal?

1. The law does not provide appeal (a) not appealable, (b) no
2. provision for appeal, eg. Labor Code, (c) Interlocutory order Right to appeal is lost with or without negligence

Mandamus distinguished from injunction Mandamus Remedial Redress of past grievance Active remedy Injunction Preventive Prevents future injury 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. 2. Estoppel of party 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

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. 2. 3. 4. 5. There must be a clear legal right Act to be performed must be practical within the powers of respondent to perform, otherwise, its essence will be defeated. Respondent must be exercising ministerial duty Duty to be performed must be existing 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 is the effect of filing of MR to the certiorari, prohibition or mandamus? Period shall not be interrupted but another 60 days shall be given to petitioner to file petition May there be an appeal if the proper remedy is certiorari? No. In such case an action for certiorari will not be entertained. Certiorari is not a remedy for error of judgment. Errors of judgments are correctible by appeal; while, error of jurisdiction is reviewable by certiorari. An original action for certiorari is not a substitute to appeal, what are the exceptions? 1. 2. 3. 4. 5. Appeal is not the speedy adequate remedy Orders are issued in excess or without jurisdiction Special considerations such as public policy and public welfare Order is patent nullity Decision in certiorari case will avoid future litigation

An act is quasi-judicial if the officers act judicially in making their decisions, whatever may be their public character. What are some circumstances where appeal does not lie? 1. 2. Decisions of NLRC Direct contempt by court

What is prohibition? It is a legal remedy provided by the common law, extraordinary in the sense that it is ordinarily 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 jurisdiction with which they have not been vested by law. What is mandamus? It 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 to 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 discretion? It is that part of the judicial function which decides questions arising in the trial of a case, according to the particular circumstances of each case and as to which the judgment of the court is uncontrolled by fixed rules of law. What is ministerial act?

What is adequate remedy? It is a remedy which is equally beneficial, speedy and sufficient, not 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 certiorari proceeding, but a remedy which will promptly relieve the petitioner from the injurious effects of that judgment and the acts of the inferior court or tribunal. Distinguish appeal by certiorari (Rule 45) and original action by certiorari (Rule 65) Rule 45 Mode of appeal Based on pure question of law Involves review of judgment Filed only with SC Filed within reglementary period for appeal Stays judgment Petitioner and respondent are orig parties to the action Prior MR not required Appellate jurisdiction of SC What is judicial function? Judicial function is an act performed by virtue of judicial power. The exercise of judicial function is to determine what the law is, and what the legal rights of parties are, with respect to a matter in controversy, and whenever an officer is clothed with that authority, and undertakes to determine those questions, he acts judicially. What is quasi-judicial? Rule 65 Original action Based on whether lower court acted in excess or with grave abuse of jurisdiction May be directed against an interlocutory order May be filed either with RTC, Sandiganbayan, CA or SC Filed within 60 days from notice of judgment or denial of MR Does not stay judgment Aggrieved party and lower court are partied to the action Prior MR is general required Concurrent original jurisdiction with RTC, CA and SC

Ministerial act is one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or to the exercise of his own judgment upon the propriety or impropriety of the act done. What are the grounds for mandamus? 1. 2. Negligence in the performance of a lawful act Exclusion of another from the enjoyment of a right which he is entitled

Distinguish certiorari, prohibition and mandamus Certiorari Ground without or excess of jurisdiction Prohibition Ground without or excess of jurisdiction Mandamus Ground Negligence in performance or exclusion of another from exercise of right Respondent tribunal, board officer, corporation or person Function judicial, quasi-judicial and ministerial Requirement orig

Respondent Board or officer Function judicial and quasi-judicial Requirement orig

Respondent tribunal, board officer, corporation or person Function judicial, quasi-judicial and ministerial Requirement orig

copy of judgment, cert of non-forum shopping and payment of docket and other lawful fees Relief annulment or modification of judgment Nature of remedy corrective Purpose nullify proceeding Coverage discretionary acts

copy of judgment, cert of non-forum shopping and payment of docket and other lawful fees Relief - desistance Nature of remedy preventive and negative Purpose have respondent desist from further proceeding Coverage discretionary acts

copy of judgment, cert of non-forum shopping and payment of docket and other lawful fees Relief to do act and pay damages Nature of remedy affirmative or positive Purpose require respondent to do act required and pay damages Coverage ministerial acts

Who has jurisdiction over actions of quo warranto against corporations? Actions for quo warranto against corporations fall under the jurisdiction of SEC. However, cases involving intracorporate disputes and election of officers are under the jurisdiction of RTC. What are the classifications of quo warranto proceedings? 1. 2. Mandatory brought by SG or public prosecutor when directed by President Discretionary brought by SG or public prosecutor at the request of another person

Who is a relator? He is a person at whose request and upon whose relation the SG or public prosecutor brings an action for quo warranto with the permission of the court. Distinguish quo warranto in electoral proceeding and under Rule 66 Quo warranto in elect proceeding Contest right of elected public officer to hold office Ground ineligibility or disqualification to hold office Filed within 10 days after proclamation Petitioner any registered voter who is not entitled to that office Actual damages are recoverable Quo warranto under Rule 66 Prerogative writ brought by SG or any person who claims better title to the position being unlawfully held Grounds (a) usurpation, (b) forfeiture, (c) illegal association Action mist commence within 1 year cause of ouster Petitioner government or person entitled to the office Separate action is instituted to recover damages

What are the circumstances when a previous MR is not necessary under Rule 65? 1. 2. Order is patent nullity Question raised and passed upon by lower court In case of urgency Where MR would be useless Petitioner is deprived of due process Urgency of grating relief from arrest in a criminal case and grant of trial court is improbable Issue raised is one purely of law Proceedings in lower court are nullity for lack of due process Proceeding was ex parte

3.
4. 5. 6. 7. 8. 9.

What are the important requirements in certiorari? 1. 2. 3. Verified by petitioner not the lawyer Accompanied by cert true copy of judgment (not photocopied) Cert of non forum shopping

What is expropriation? It is the procedure to be observed in the exercise of the right of eminent domain. What is eminent domain? 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 of just compensation. What must concur so that an expropriation may be rendered proper? 1. 2. Owner refuses to sell Owner agrees to sell but there is disagreement in price

What does the phrase in aid of its appellate jurisdiction mean? It means a courts right to hear an appeal from the lower courts judgment on the merits. What is quo warranto? It is the remedy or proceeding by which the sovereign or State determines the legality of a claim which the party asserts to the use 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 the privilege is not forfeited or lost. What are the requirements in filing quo warranto? 1. 2. Legal basis, i.e., entitlement to the office. Must have claim to the office

What does the term taking mean in expropriation? 1. 2. 3. 4. Trespass without actual eviction of owner Material impairment of value of property Prevention of ordinary use for which property is intended Deprivation of jurisdiction, supervision and control of property

Who has the proper jurisdiction in action for quo warranto? RTC, CA or SC

Who are the authorities who have the power of expropriation?

1. 2.

State Government instrumentalities, GOCC, and other agency authorized by law

1. 2.

Judicial Extrajudicial

Judicial distinguished from extrajudicial foreclosure of real estate mortgage Judicial Court intervention required There is only equity of redemption (no right of redemption) Governed by Rule 68 Extrajudicial Court intervention not required There is right of redemption Governed by Act 3135, as amended by Act 4118

What are the things which may not be expropriated? 1. 2. Money Chose in action

What are the contents of a verified complaint for expropriation? 1. 2. 3. 4. Purpose of expropriation Description of real and personal property All persons owning the property named as defendants If title of property is in the name of RP, averment shall be made in the complaint

What is Equity of Redemption? This is the right of the mortgagor to redeem the mortgaged property after his default in the performance of the conditions of the mortgage but before the sale of the mortgaged property. What is Right of Redemption? This is the right of the mortgagor to repurchase the property within a certain period after it was sold for the purpose of paying the mortgage debt. Who are the parties in judicial foreclosure of real estate mortgage? 1. 2. 3. Mortgagor Mortgagee Successor in interest Junior encumbrancers

What are the circumstances which must be present when taking a property for expropriation? 1. 2. 3. 4. 5. Private property was entered by expropriator Entrance must be for more than momentary period Entry must be under warrant Property must be devoted for public use Use of property must be in such a way as to oust owner and deprive him of property

What is just compensation? It is the fail and full equivalent for the loss sustained, which is the measure of the indemnity, not whatever gain would accrue to the expropriating authority. What is the formula for determination of just compensation? Just compensation = Fair market value + Consequential damages Consequential benefits When is title in expropriation vested? 1. 2. Personal property upon payment of just compensation Real property upon payment of just compensation and registration

4.

Who are the indispensable parties in judicial foreclosure? 1. 2. 3. 4. 5. Mortgage debtor Owner of property, not debtor Executor/administrator of deceased mortgagor Executor/administrator of deceased owner Heirs of the deceased owner of property

Who are the necessary parties in judicial foreclosure? All persons having claim subordinate to the holder of the mortgage, e.g. second mortgagee Who are the possible defendants in judicial foreclosure? 1. 2. 3. 4. 5. Person obliged to pay mortgage debt Person who own or occupy mortgaged premises Transferee of the property Junior encumbrancers Mortgagor, even if not owner of property mortgaged

What is foreclosure of mortgage? It is a proceeding in a court of justice conducted according to legal forms by which the mortgage or his successors or one who has by law succeeded to the rights and liabilities of the mortgagee undertakes to dispose of, to bar, cut off, the legal and equitable claim of lien holders or of the mortgagors of those who have succeeded to the rights and liabilities of the mortgagor. Who has jurisdiction over foreclosure of real estate mortgage? 1. 2. MTC If mortgage is not more than 200K, not more than 400K in Metro Manila. If mortgage exceeds the amount stated, then RTC has jurisdiction.

What is the effect if a junior encumbrancer is not impleaded in the judicial foreclosure? His equity of redemption if not affected by judgment of the court What are the effects of failure of defendant to pay the amount of judgment in judicial foreclosure?

What are the modes of foreclosure of real estate mortgage?

1. 2.

3.

Court shall order the property sold Sale shall not affect rights of senior encumbrancers When sale is confirmed by court, it shall (a) divest rights in the property of all parties to the action and (b) vest their rights in the purchaser.

Rule 39 What are the available remedies to the mortgagee in case of foreclosure? 1. 2. Prelim attachment of property Receivership of property

When shall the purchaser in the auction sale be entitled to the possession of the property? 1. 2. Upon finality of the order of confirmation by court Upon expiration of the period of redemption, if allowed by law

What is partition? It is the process of dividing and assigning property owned in common among the various co-owners thereof in proportion to their respective interests in the property. Partition may be: (a) Judicial or (b) Extrajudicial Who has jurisdiction over action for partition? 1. 2. Personal property MTC, if value of property is not more than 200K and 400K in Metro Manila; otherwise, RTC. Real property MTC, if valued not more than 20K and 50K in Metro Manila; otherwise, RTC.

What may be the remedy of a party who wants to take possession of the property which he bought in the judicial foreclosure? Secure writ of possession What kind of action is judgment of foreclosure? It is an action quasi-in rem; while, deficiency judgment is an action in personam. What are the instances when the court cannot render deficiency judgment?

What are the effects of non-inclusion of a co-owner in an action for partition? 1. 2. Before judgment not a ground for motion to dismiss; remedy is to file motion to include party. After judgment judgment is void because co-owners are indispensable parties.

1.

Recto Law Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendees failure to pay constitute two or more installments. In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. (Art 1482, Civil Code) 2. When the mortgagor is a non resident and is not found in the Philippines 3. When the mortgagor dies 4. If the mortgagor is a third person but not solidarily liable with the debtor What are the cases when deficiency judgment cannot be decreed? 1. One who mortgages his property to secure the debt of another without expressly assuming personal liability for such debt cannot be compelled to pay the deficiency remaining due after the mortgage is foreclosed. In an action to foreclose a mortgage against a non-resident defendant not found in the Philippines who fails to submit himself to the jurisdiction of the court, no personal judgment for the deficiency can be rendered.

When may partition be made? Anytime and the right to demand partition is imprescriptible What is the nature of an action for partition? Made voluntarily or compulsory under the Rules What are the stages of partition? 1. 2. Existence of co-ownership Order of partition proper

What kind of action is an action for partition? Quasi-in rem Are multiple appeals allowed in partition? Yes. A judgment declaring the existence of co-ownership is immediately appealable. This is one of the instance when the rules allow multiple appeals. Can there be a res judicata between an action for partition and an action for quieting of title? Yes. A case for partition and an action for quieting of title have identical causes of action and can therefore be the subject of res judicata. What are the requisites of assignment in partition?

2.

Equity of redemption distinguished from right of redemption Equity of redemption Right of defendant-mortgagor to extinguish the mortgage and retain ownership of the property by paying the debt within 90120 days after the entry of judgment Period to extinguish is 90 to 120 days after entry of judgment Governed by Rule 68 Right of redemption Right of the debtor, his successor in interest, etc ton redeem the property within one year from registration of Sheriffs cert of foreclosure sale Period to redeem is 1 year from date of registration of cert of sale Governed by Sec 29 to 31 of

1. 2. 3.

Assignment is in favor of one of the parties not to third persons Payment to the other parties, and Other interested parties do not ask the court that the property be sold instead.

MTC, MCTC, MTC in Cities, and MeTC Against whom may an ejectment suit be maintained? 1. 2. 3. 4. Against one in possession at the commencement of the action A tenant with right of possession may bring an action against another tenant, after that another tenants right of possession has expired Vendor may sue vendee upon failure to pay installments due Against the owner of the property if plaintiff has right of possession which should be protected

Who are the persons whose judgment in partition serves as res judicata? The judgment in the action for partition is res judicata only on the parties thereto and their successors in interest. What are ejectment cases? They are summary proceedings intended to provide an expeditious means of protecting actual possession or right to possession of property. (Rule on summary procedure applies only in cases filed before MTC) What is action for forcible entry? It is a summary action to recover material or physical possession of real property when a person originally in possession was deprived thereof by force, intimidation, strategy, threat or stealth. What is action for unlawful detainer? It is the action that must be brought when possession by a landlord, vendor, vendee, or other person of any land or building is being unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied. Distinguish forcible entry and unlawful detainer Forcible entry 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 Unlawful detainer 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

From what date is the one year period counted in unlawful detainer? 1. 2. 3. From date of last demand to vacate, in case of nonpayment of rent From date of last notice to quit, in case of tacit renewal of the lease From date of revocation of the permit, in case of company on mere tolerance

Is the giving of demand proper in an action to terminate lease because of the expiry of its terms? No. A demand is prerequisite to an action for unlawful detainer when the action is for failure to pay rent due or comply with the conditions of his lease and not where the action is to terminate the lease because of the expiry of its terms. What does a demand by the lessor against the lessee imply? 1. 2. To pay and vacate, or To comply with the conditions of the lease and vacate

What are the ways of serving a demand? 1. 2. 3. 4. Personally By posting it in the premises if no person is found thereon By substituted service By registered mail

In general, judgment of MTC against the defendant is immediately executory, what are the exceptions? Defendant perfected his appeal He files sufficient supersedeas bond 3. He deposits with appellate court the amount of rent due on or before the 10th day of each succeeding month or period (Same rule applies in RTC) When is prior demand in unlawful detainer not required? 1. Where purpose of action is to terminate lease by reason of expiry of terms Where purpose of suit is not ejectment but enforcement of terms of contract, or Where defendant is not tenant but intruder 1. 2.

Distinguish accion interdictal, accion publiciana, and accion reivindicatoria Interdictal Summary action for recovery of physical possession where dispossession has not lasted for more than 1 year Original jurisdiction MTC Publiciana Plenary action for recovery of real right of possession when dispossession has lasted for more than 1 year Jurisdiction, RTC property exceeds 20K or 50K in Metro Manila Reivindicatoria Action for recovery of ownership, which includes possession

Jurisdiction, RTC property exceeds 20K or 50K in Metro Manila

2. 3.

Who has jurisdiction over ejectment cases?

When is the rule on summary procedure not applicable to an ejectment case?

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? 1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, or failure to comply with section 12; 2. Motion for a bill of particulars; 3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; 4. Petition for relief from judgment; 5. Motion for extension of time to file pleadings, affidavits or any other paper; 6. Memoranda; 7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; 8. Motion to declare the defendant in default; 9. Dilatory motions for postponement; 10. Reply; 11. Third-party complaints; 12. Interventions When may writ of preliminary mandatory injunction issue in ejectment cases? 1. Forcible entry in orig action 2. Unlawful detainer in appealed case (bec. here there is no more presumption of lawful possession) When may writ of preliminary injunction issue in ejectment cases? 1. 2. Forcible entry in orig action Unlawful detainer in orig action No, because it is a real action. What is contempt? It is a defiance of the authority, justice or dignity of the court; such conduct as tends to bring the authority and administration of the law into disrespect or to interfere with or to prejudice parties litigants or their witnesses during litigation. What is contempt of court? It is a disobedience to the court by acting in opposition to its authority, justice and dignity. What is the purpose of contempt? To preserve order in proceedings What is direct contempt? They are those which may be punished under Sec 1 Rule 71 What is indirect contempt? They are those which may be punished under Sec 3 Rule 71 What are the grounds for direct contempt? 1. 2. 3. 4. When may the court award damages in ejectment cases? Where damages refer only to: 1. Fair and reasonable value of the use and enjoyment of the property or the rent arising from the loss of possession 2. Rent in arrears 3. Liquidated damages (Attorneys fees cannot be considered damages) Does it need that an ejectment suit include all the persons including those claiming under the principal claimants for the judgment to bind them? No. The judgment already includes the trespassers, squatters, guests, transferees pendent elite, subleases, and members of the family and relatives of defendants. Are ejectment suits capable of being barred by other actions? No. These includes quieting of title, consignation of rentals, specific performance with damages, accion publiciana, reformation of instrument, accion reivindicatoria, possession case, annulment of sale, and injunction. (Wilson Auto Supply v. CA) May prohibitory injunction issue against an ejectment proceeding? No Disrespect toward the court Offensive personalities toward others Refusal to be sworn or to answer as witness or to subscribe an affidavit or deposition Misbehavior in the presence of the court as to obstruct the proceedings

What are the grounds for indirect contempt? 1. 2. 3. 4. 5. Misbehavior of officer of court in the performance of duties Disobedience or resistance to lawful writ, process, order or judgment Any abuse of or unlawful interference with the processes or proceedings of a court Any improper conduct tending to obstruct the administration of justice Acting as attorney or any other officer without such authority Rescue or attempted rescue of person or property in custody of an officer by virtue of an order

6.

Distinguish direct and indirect contempt Direct Committed in court or near it Summary in nature If committed against RTC fine not exceeding 2K or imprisonment not exceeding 10 days or both If committed against MTC 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 What is civil contempt?

imprisonment not exceeding 1 month or both Remedy appeal Aka Constructive 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