PDAF Constitutionality SC, Sec.

1 Par 2, Rule 8
immediately executory final and executor
IF: ombudsman hierarchy of courts; CA first, then SC
(certiorari)
Rule 70 ejectment cases; can still stay execution
- supersedeas bond + appeal (w/in 15 days)
Rule if there is a 2nd revival and the judgment has
expired?
IF: Defendant dies distinguish if action survives
R65 independent civil action; not a mode of appeal
Writ of execution must not be served to the parties
Levy capable of manual delivery
Procedure of levy only on properties registered
Garnishment those not capable of manual delivery
Auction sale excess return to obligor
- affidavit of third party claim
Bond counterclaim (terceria sheriff will stay
execution)
Judgment for specific acts (e.g. accion
reinvidicatoria, ejectment cases, specific
performance)
What is common? Ejectment vacate property
- immediately executory
Ask for issuance of writ of demolition
Compliance in good faith
After satisfaction of judgment file report if not
satisfied report will state not satisfied
Levy on RP sold at public auction
highest bidder wins pay proceeds
Evidence certificate of sale
If no redemption deed of conveyance
Opportunity to redeem by judgment obligor
1yr
Clerk of court will also note in the book of
entries upon satisfaction of judgment
CA:

1)
2)
3)
4)
5)
6)
7)

period
verify
append original copy of judgment
material date
proof of service
copies
docket fees

IF: RTC dissatisfied CA (R41)

Rule 42 if MTC RTC CA
IF: Rule 41, RTC elevates the record to CA, ALWAYS
In criminal whole case is reviewed
In civil appeal limited to those raised on appeal
(except lack of jurisdiction)
TO RTC memorandum
TO CA brief
TO SC memorandum

* injunction can be a main action in itself

* note the different grounds for discharge of attachment
judgment as to injunction, refers to judgment of RTC,
CA or SC as the case may be
procedure as to form (R58)
o verified petition + bond
o substantial compliance (sufficient)
o if verified petition + affidavit of merit = OK
Rule 58; grounds
- if SIMPLE applicant entitled to relief prayed for
+ Sec.3
- hearing is a must; except grave/ irreparable injury
TRO must be set for summary hearing
72-hour TRO = if grave injustice + irreparable injury +
extreme urgency
Can MTC issue? Yes
Effect of issuance of injunction RTC? CS? SC?
Grounds to object to TRO
Property is the subject of the main action
Receivership in action for collection of money
R59, Sec. 1b also in judicial foreclosure of mortgage
IF: perishable goods receiver may sell the property
Purpose of replevin?
- Always remember when to file for provisional remedies
Receivership prior to execution sale
R60 why the short period? Subject is movable property
Affidavit of merit; what should be alleged?
Bond in R60 double the value as that stated in
the affidavit
Contemporaneous service of summons?
When to file bond?
IF: single sala raffle + notice of raffle
IF: muti sala service of summons; no raffle
R57 set for hearing
R58 set for summary hearing; notice of summary
hearing within 24 hours from notice of raffle
When will injunction become permanent?
Is there also a motion to discharge in R58? Yes. What
grounds?
under oath risk for perjury is false allegations
To whom is the writ addressed?
What will the sheriff serve? Contemporaneous with
service of summons? Complaint, bond, writ, application
and affidavit if incorporated in the complaint

Who signs the writ of replevin? Judge

Counterbond also double the value
IF: bond is insufficient hearing required
R60 provisional remedy only so applicant after
recovery of possession shall safekeep pending judgment
Support pendente lite: what actions?
Requirements as to form?
Procedure?
Katarungang Pambarangay form of ADR
Authority to bring parties for amicable
settlement
Over dispute all disputes; exceptions?
IF: different brgy; brgy of respondent
complainant and respondent because theres
no case yet
How to file; verbal or written
Only file a form to fill up for records (brgy blotter)
Issue summons failure to appear despite notice?
Reschedule (once)
Certification to file action (twice)
compliance with condition precedent;
otherwise vulnerable to motion to dismiss
Compositions of Lupon and Pangkat?
Lupon: IF no settlement reached certification to file
action again
EFFECT: if settlement is reached has the force and
effect of a judgment; it can be enforced; partied bound
by law
* repudiation and nullification of settlement how?
Grounds? When?
* petition to nullify MTC
* repudiation brgy; certification again
* reckoning of 6-month period?
IF: theres agreement as to period but failed to comply
(Vidal case)
Action to enforce where? Independent ordinary civil
action
Procedure? Regular Procedure?
Small Claims:
- effect of filing dispute with brgy for conciliation
interruption of prescriptive period
- sine qua non that it may be a ground to dismiss!
Purpose? Reason?
Exceptions to summary procedure as to M2D as
prohibited pleadings

Arbitration award byu lupon/pangkat

Arbitration agreement; same effect
Summary Procedure
Procedure?
Both in civil and criminal cases (e.g. ejectment)
Ground to dismiss action lack of juris
(outright); res judicata (outright)
What are the prohibited pleadings?
Complaint and answer only; VERIFIED
All other cases: not > 100K (Outside Mla)
> 100K (Manila)
No need to reconcile with money claims
Other claims that are not purely money claims
Summary procedure
IF:
IF:
IF:
IF:

boundary dispute?
sought recovery regular procedure real action
not summary procedure
purely money claim small claims

Review Jurisdiction? Procedure? What action? Remedies?

Position paper + affidavits of witnesses submit for
decision
* Can stay execution if appealed + supersedeas bond
within 15-day period even if judgment is generally
immediately executory
IF: no amount file motion to fix supersedeas bond
IF: already on appeal to RTC: if RTC affirmed MTC
execution can no longer be stayed
Clarificatory questions only after preliminary
conference to avoid delay
Note prohibited pleadings!
Judgment is unappealable AND immediately executory
(R39 governs)
Remedy: file petition for annulment to RTC in
isolated cases when there is a ground (e.g. lack
of jurisdiction)