RULE 70

FORCIBLE ENTRY AND UNLAWFUL DETAINER

Q: WHAT KIND OF ACTION IS FORCIBLE ENTRY AND UNLAWFUL DETAINER?
A: That is an action interdictal. Both are action interdictal. It is an Ejectment proceeding either that for forcible entry (detentacion) or
unlawful detainer (desahucio) which is a summary action for the recovery of physical possession, where the dispossession has not
lasted for more than 1 year and should be brought in the proper inferior court. Case in point i s (Encarnacion v. Amigo, 502 S
172.)
Q: WHAT IS THE PURPOSE OF AN ACCION INTERDICTAL? WHAT IS THE PURPOSE OF R70?
A: Note that it is a summary proceeding, the purpose of the law is to provide an expeditious means of protecting actual possession or
right to possession of property. The case there is (Salandanan vs. Sps. Mendez, 581 S 182.)
Q: ANONG COURT ANG MAY JURISDICTION NG ACCION INTERDICTAL?
A: Exclusive and Original jurisdiction is vested in first level or inferior courts, meaning MTCs, MeTC, MCTCs, regardless of the value of
the property involved and irrespective of the amount of damages and unpaid rentals sought to be recovered.
As a review, importante malaman natin ang kinds of action in possession of real property to determine which court has jurisdiction:
1. Accion interdictal(UD and FE) first level courts, ang issue in this kind of action is possession de facto.
2. Accion publiciana the issue is possession de jure which is a real right hence it falls under the jurisdiction of the RTC, regardless
of the value of the property.
3. Accion reinvidicatoria the issue here is recovery of ownership including possession of the property. The jurisdiction depends on
the value of the property.
Q: WHO MAY BRING AN ACTION UNDER ACCION INTERDICTAL?
Section 1. Who may institute proceedings, and when. Subject to
the provisions of the next succeeding section, a person deprived of
the possession of any land or building by force, intimidation, threat,
strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully
withheld after the expiration or termination of the right to hold
possession, by virtue of any contract, express or implied, or the
legal representatives or assigns of any such lessor, vendor, vendee,
or other person, may, at any time within one (1) year after such
unlawful deprivation or withholding of possession, bring an action in
the proper Municipal Trial Court against the person or persons
unlawfully withholding or depriving of possession, or any person or
persons claiming under them, for the restitution of such possession,
together with damages and costs. (1a
A: We must distinguish. If it is Forcible entry, under the law it is provided that anyone deprived of possession of any land or building
by FISTS (force, intimidation, strategy, threats or stealth).
If it is unlawful detainer, any landlord, vendor, vendee or other person against whom the possession of any land or building is
unlawfully withheld after the expiration or termination of the right to hold possession by virtue of any contract whether express or
implied.
Q: WHAT ARE THE MAIN DISTINCTIONS BETWEEN FE AND UD?
FORCIBLE ENTRY
DISTINCTION
UNLAWFUL
DETAINER
The
deprivation
As to the
The ground is the
of the physical
grounds
unlawful
possession
is
withholding
of
FISTS
possession after
expiration
or
termination of the
right
to
hold
possession of the
property by virtue
of an express or
implied contract.
the
defendant's
As to the nature
the possession of
possession
is
of defendant's
the property of
from
the
possession
the the defendant
beginning illegal
is lawful in the
because
he
beginning
deprived
the
however
it
plaintiff
of
became illegal by

possession
FISTS

thru

it is not required

As to the
necessity of
demand to
vacate

virtue
of
the
expiration of his
right to possess
the property.
the demand is a
jurisdictional
requirement,
therefore,
the
plaintiff
should
first
make
a
demand
as
a
jurisdictional
requirement.
2 demands:
1. Demand to pay
the
rent
or
comply with the
conditions of the
contract.
2. Demand to
vacate.
When you say
jurisdictional,
dapat
naka
emphasize
or
nakastate
yan
sya sa complaint
for the purpose of
determination of
jurisdiction.

the plaintiff must

prove that he was
in prior physical
possession of the
premises until he
was
deprived
thereof by the
defendant
thru
fists
GR is from the
date of the actual
entry
of
the
defendant on the
said land.
Exc: by stealth, is
counted from the
demand
to
vacate from the
entry by stealth.

As to proof of
prior possession

the plaintiff need

not have been in
prior
physical
possession

When to reckon
the 1 year for the
filing of action?

from the date of

the last demand
in cases of:
1.non payment of
rent or
2.
non
compliance with
the conditions of
the rent
3. Tacit removal
of the lease from
the date of the
notice to quit

Why from the

date of the last
demand?
The
lessor has the
right to waive his
right to action
based
on
previous demand
and let the lessee
remain. In effect,
you are legalizing
again
his
possession. That
is why it is from
the date of the

last demand.
that the plaintiff
is
in
prior
physical
possession of the
property and as
unlawfully
deprived
of
possession
through fists

Important
Allegation

plaintiff
should
admit
the
defendant was in
possession legally
and is unlawfully
withholding
possession after
you have asked
him to vacate the
said premises.

Accion interdictal is governed by the Rules on Summary Procedure.

Section 3. Summary procedure. Except in cases covered by the
agricultural tenancy laws or when the law otherwise expressly
provides, all actions for forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid rentals sought to
be recovered, shall be governed by the summary procedure
hereunder provided.
Q: IS HEARING NECESSARY?
A: No need in summary proceedings. Kasi issue there is merely physical possession. So as a rule the judgment of the court there will
be based on the affidavit and depositions of the parties. Take note that all the pleadings must be verified and the only pleadings
allowed are complaints, compulsory counterclaims and cross claims which should be pleaded in the answer of the defendant.
Q: WHAT ARE THOSE MOTIONS WHICH ARE PROHIBITED?
Section 13. Prohibited pleadings and motions. The following
petitions, motions, or pleadings shall not be allowed:
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. (19a, RSP)
Q: What is the procedure for accion interdictal?
-Obviously, you file a verified complaint.
Section 4. Pleadings allowed. The only pleadings allowed to be
filed are the complaint, compulsory counterclaim and cross-claim
pleaded in the answer, and the answers thereto. All pleadings shall
be verified. (3a, RSP)
Append a certificate of non-forum shopping because it is an initiatory pleading.
- You can ask from the court for the issuance of preliminary mandatory injunction. That is an available remedy for you. To prevent the
defendant from committing further acts of dispossession against the plaintiff.
Section 15. Preliminary injunction. The court may grant
preliminary injunction, in accordance with the provisions of Rule 58
hereof, to prevent the defendant from committing further acts of
dispossession against the plaintiff.
A possessor deprived of his possession through forcible from the
filing of the complaint, present a motion in the action for forcible
entry or unlawful detainer for the issuance of a writ of preliminary
mandatory injunction to restore him in his possession. The court
shall decide the motion within thirty (30) days from the filing thereof.
(3a)
Section 20. Preliminary mandatory injunction in case of appeal.
Upon motion of the plaintiff, within ten (10) days from the perfection
of the appeal to the Regional Trial Court, the latter may issue a writ

of preliminary mandatory injunction to restore the plaintiff in

possession if the court is satisfied that the defendant's appeal is
frivolous or dilatory or that the appeal of the plaintiff is prima
facie meritorious. (9a)

On the part of the court what will it do?

Section 5. Action on complaint. The court may, from an
examination of the allegations in the complaint and such evidence
as may be attached thereto, dismiss the case outright on any of the
grounds for the dismissal of a civil action which are apparent
therein. If no ground for dismissal is found, it shall forthwith issue
summons.
It will determine if accion intredictal is proper. If not proper, it will dismiss the complaint.
Section 12. Referral for conciliation. Cases requiring referral for
conciliation, where there is no showing of compliance with such
requirement, shall be dismissed without prejudice, and may be
revived only after that requirement shall have been complied with.
(18a, RSP)
Then the court will issue summons to the defendant to file his answer.
Section 6. Answers. Within ten (10) days from service of
summons, the defendant shall file his answer to the complaint and
serve a copy thereof on the plaintiff. Affirmative and negative
defenses not pleaded therein shall be deemed waived, except lack
of jurisdiction over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be considered
barred. The answer to counterclaims or cross-claims shall be
served and filed within ten (10) days from service of the answer in
which they are pleaded. (5 RSP)
After jurisdiction over the person of the defendant is effected through summons, Defendant is required to file his answer and serve a
copy of it to the plaintiff within 10 days from service of summons.
Unlike in ordinary civil actions, how many days to file his answer? 15 days. Dito, 10 days.
Q: WHAT IS THE EFFECT OF DEFENDANT'S FAILURE TO ANSWER?
Section 7. Effect of failure to answer. Should the defendant fail
to answer the complaint within the period above provided, the
court, motu proprio or on motion of the plaintiff, shall render
judgment as may be warranted by the facts alleged in the complaint
and limited to what is prayed for therein. The court may in its
discretion reduce the amount of damages and attorney's fees
claimed for being excessive or otherwise unconscionable, without
prejudice to the applicability of section 3 (c), Rule 9 if there are two
or
more
defendants.
(6, RSP
A: He cannot be declared in default. But, it shall give the court the power to motu propio or upon motion render judgment as maybe
warranted by the facts alleged in the complaint and limited as to what is prayed for therein.
In your answer, all Affirmative and negative defenses. Otherwise, if not pleaded in the answer, they are deemed waived except lack
of jurisdiction over the subject matter.
Cross claims and other compulsory counterclaims not pleaded in the answer shall be barred.
Q: ASSUME THAT THE DEFENDANT RAISES THE DEFENSE OF OWNERSHIP OF THE PROPERTY IN HIS PLEADING, CAN THE
COURT MTC RULE ON THE SAID ISSUE? NOTE THAT ACCION INTERDICTAL CONCERNS ITSELF ONLY WITH POSSESSION DE
FACTO OR PHYSICAL POSSESSION.
Section 16. Resolving defense of ownership. When the
defendant raises the defense of ownership in his pleadings and the
question of possession cannot be resolved without deciding the
issue of ownership, the issue of ownership shall be resolved only to
determine the issue of possession. (4a)
A: Yes the court is allowed to rule on such issue, provided that the question of possession cannot be resolved without deciding the
issue of ownership, the issue of ownership however shall be resolved only to determine the issue of possession. It is only conclusive

as to the actual possession of the property. So, in other words, the issue in ownership is not res adjudicata. Later on, you can raise
ownership in another forum. however that the determination of the court is only provisional in nature. Later on if the parties so desire
to institute a different or separate action to determine the issue on ownership, pwede pa.
The court can receive evidence on possession de jure. Diba sabi natin accion interdictal, possession de facto. Only to determine the
nature of possession. More on the preliminaries lang sya.
Note also that the issue of ownership can be resolved by the MTC and the same will not deprive the MTC of its jurisdiction.
PRELIMINARY CONFERENCE
Section 8. Preliminary conference; appearance of parties. Not
later than thirty (30) days after the last answer is filed, a preliminary
conference shall be held. The provisions of Rule 18 on pre-trial
shall be applicable to the preliminary conference unless
inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary conference
shall be cause for the dismissal of his complaint. The defendant
who appears in the absence of the plaintiff shall be entitled to
judgment on his counterclaim in accordance with the next
preceding section. All cross-claims shall be dismissed. (7, RSP)
If a sole defendant shall fail to appear, the plaintiff shall likewise be
entitled to judgment in accordance with the next preceding section.
This procedure shall not apply where one of two or more
defendants sued under a common cause of action defense shall
appear at the preliminary conference.
No postponement of the preliminary conference shall be granted
except for highly meritorious grounds and without prejudice to such
sanctions as the court in the exercise of sound discretion may
impose on the movant. (n)
Another important point: not later than 30days after the last answer is filed, a preliminary conference shall be held. So the court is
mandated to conduct a preliminary conference.
Q: WHEN YOU SAY PRELIMINARY CONFERENCE, IS THAT THE SAME AS A PRE-TRIAL CONFERENCE? KASI SABI NG LAW,
R18 IS APPLICABLE.
A: No the two are not the same. In civil cases, before the trial proper, there is still a pre-trial conference. In FE and UD on the
otherhand, what is to be conducted is a preliminary conference only. But Rule 18 is applicable.
Q: WHAT IF THE PLAINTIFF FAILS TO APPEAR DURING THE PRELIMINARY CONFERENCE, WHAT WILL HAPPEN? A: It shall be
cause for the dismissal of his complaint and all cross-claims shall all be dismissed. Itong cross claims ano to sila? Damages.
Q: ANO NGAYON ANG REMEDY NG PLAINTIFF IF THE CASE WAS DISMISSED FOR HIS FAILURE TO APPEAR?
A: He may file a Motion for reconsideration. That is based on the case of Lucas vs. Cabros, 324 S 1. In the said case, if the plaintiff
fails to appear during the preliminary conference, the case shall be dismissed and the defendant who appears shall be entitled to the
judgment on his counter-claim.
Q: WHAT IF IT WAS DEFENDANT WHO FAILS TO APPEAR?
A: Plaintiff shall be entitled to judgment.
Q: WHAT HAPPENS DURING THE PRECON?
Section 9. Record of preliminary conference. Within five (5)
days after the termination of the preliminary conference, the court
shall issue an order stating the matters taken up therein, including
but not limited to:
1. Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by the
parties;
3. Whether, on the basis of the pleadings and the
stipulations and admission made by the parties, judgment
may be rendered without the need of further proceedings,
in which event the judgment shall be rendered within
thirty (30) days from issuance of the order;
4. A clear specification of material facts which remain
converted; and
5. Such other matters intended to expedite the disposition
of the case. (8, RSP)
A: The court will issue an order stating the matters taken up during the pre con within 5 days after the termination of the same, and
the contents of the order are the following:
1. Whether the parties have a right to call settlement
2. Their stipulations and admissions
3. On The basis of the pleadings, stipulations and additions made by the parties, judgment may be rendered thereon.

4. A court specification of the material facts that remain controverted

5. Such other matters intended to expedite the disposition of the case
In other words, when you say pre con, it will control the proceedings in the case. Again, no more hearing.
Take note that because this is subject to a summary procedure, the parties are required to submit their affidavits. Based on S9 and
S10, the parties shall submit within 10 days from the receipt of the order, affidavits of their witnesses and other evidence on the
factual issues defined in the order together with their position papers setting forth the law and the facts relied upon by them.
Section 14. Affidavits. The affidavits required to be submitted
under this Rule shall state only facts of direct personal knowledge
of the affiants which are admissible in evidence, and shall show
their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel
who submits the same to disciplinary action, and shall be cause to
expunge the inadmissible affidavit or portion thereof from the
record. (20, RSP)
Section 10. Submission of affidavits and position papers. Within
ten (10) days from receipt of the order mentioned in the next
preceding section, the parties shall submit the affidavits of their
witnesses and other evidence on the factual issues defined in the
order, together with their position papers setting forth the law and
the facts relied upon by them. (9, RSP)
Under section 11, Within thirty (30) days after receipt of the affidavits and position papers, or the expiration of the period for filing the
same, the court shall render judgment.
Section 11. Period for rendition of judgment. Within thirty (30)
days after receipt of the affidavits and position papers, or the
expiration of the period for filing the same, the court shall render
judgment.
However, should the court find it necessary to clarify certain
material facts, during the said period, issue an order specifying the
matters to be clarified, and require the parties to submit affidavits or
other evidence on the said matters within ten (10) days from receipt
of said order. Judgment shall be rendered within fifteen (15) days
after the receipt of the last affidavit or the expiration of the period for
filing the same.
The court shall not resort to the foregoing procedure just to gain
time for the rendition of the judgment. (n)

However, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying
the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days
from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last affidavit or the expiration of
the period for filing the same.
The court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment.

Q: PAG SUMMARY PROCEDURE KAILANGAN PA BA MAG-PRESENT NG EVIDENCE ANG PLAINTIFF AND MAG-TESTIFY SIYA
IN COURT?
A: No! Summary procedure eh. Kaya nga ditto, the court will rule based on the papers submitted by the parties. Kaya nga the parties
are required to submit affidavits of their witnesses together with their position paper. No more hearing, except for the pre-trial
conference na mag harap harap ang mga parties.
Q: WHAT IS THE EFFECT OF JUDGMENT?
Section 17. Judgment. If after trial court finds that the
allegations of the complaint are true, it shall render judgment in
favor of the plaintiff for the restitution of the premises, the sum justly
due as arrears of rent or as reasonable compensation for the use
and occupation of the premises, attorney's fees and costs. If a
counterclaim is established, the court shall render judgment for the
sum found in arrears from either party and award costs as justice
requires.
A: The leading case here is the case of Sunflower neighbourhood (Assoc. v. CA, 410 S 318). The SC ruled that a judgment in an
Ejectment suit is binding not only upon the defendant in the suit, but also against those not made parties thereto if they are:
1. Trespassers, squatters or agents of the defendant fraudulently occupying the property to frustrate the judgment;
2. guests or other occupants of the premises with the permission of the defendant;

3. Transferees pende lite;

4. sub lessees;
5. members of the family, relatives and other privies of the defendant.
Section 18. Judgment conclusive only on possession; not
conclusive in actions involving title or ownership. The judgment
rendered in an action for forcible entry or detainer shall be
conclusive with respect to the possession only and shall in no wise
bind the title or affect the ownership of the land or building. Such
judgment shall not bar an action between the same parties
respecting title to the land or building.
The judgment or final order shall be appealable to the appropriate
Regional Trial Court which shall decide the same on the basis of
the entire record of the proceedings had in the court of origin and
such memoranda and/or briefs as may be submitted by the parties
or required by the Regional Trial Court. (7a)
Q: WHEN SHOULD THE COURT RENDER JUDGMENT IN AN ACCION INTERDICTAL?
A: The court shall render judgment within 30 days from the date of the receipt of the position papers or the expiration of the period
for filing the same, kasi nga summary procedure siya.
If the court finds that the allegations found in the complaint are true it shall render judgment in favor of the plaintiff for the:
1. Restitution of the property;
2. the just sum due in arrears or rents or reasonable compensation for the use and occupation of the premises;
3. Attorney's fees and costs.
On the otherhand, if the court finds that the allegations of the plaintiff are not true, it shall render judgment for the defendant to
recover his costs.
If the court rules on the issue of ownership will it constitute collateral estoppel? No, diba sabi natin that the issue of ownerhsip in
forcible entry and UD cases is only prima facie. So collateral estoppel and res adjudicata will not apply. Take note that the judgment
rendered in action for forcible entry shall be conclusive with respect to the possession only and shall not in any way affect the title or
ownership of the land or building hence such judgment shall not bar an action between the same parties with respect to the title of
the land or building.
What is your remedy?
Judgment in an accion interdictal is considered as a final order and is appealable before the second-level courts (RTC).
ordinary appeal.

File an

Execution of judgment:
Q: IF THE MTC RENDERS AN ADVERSE JUDGMENT AGAINST THE DEFENDANT IN AN EJECTMENT CASE, MAY EXECUTION
ISSUE IMMEDIATELY EVEN IF JUDGMENT HAS NOT YET ATTAINED FINALITY?
Section 21. Immediate execution on appeal to Court of Appeals or
Supreme Court. The judgment of the Regional Trial Court
against the defendant shall be immediately executory, without
prejudice to a further appeal that may be taken therefrom. (10a)
A: Yes that is allowed because of the urgency of the need to restore the plaintiff of his possession. GR is that if judgment in a FE or
UD case is rendered against the defendant then execution shall issue immediately. It is immediately executory.
Remedy of the defendant:
To be exempt from this GR or to stay the execution of the judgment, you must do three things:
1. you must perfect your appeal. File the appeal within 15 days;
2. defendant should file a supersedeas bond approved by the MTC within 15 days;
3. Periodic deposit of rents before the appellate court. during the pendency of the appeal, the defendant should deposit before the
appellate court (RTC) the amount of the rent due from time to time under the contract, if any as determined by the judgment of the
MTC on or before the 10th day of each succeeding month.
Q: WHAT IF HINDI NAGAWA NG DEFENDANT LAHAT NG REQUIREMENTS, E.G NAG PERFECT LANG SIYA NG APPEAL, WHAT
WILL HAPPEN? WILL IT STAY THE EXECUTION OF THE JUDGMENT?
A: NO! kasi you have to do all three to stay the immediate execution of the judgment under R70.
Q: WHAT IS THE PURPOSE OF THE SUPERSEDEAS BOND?
A: Shall answer for all the amounts due to the plaintiff up to the date of judgment.
Again, the supersedeas bond is equivalent to the amount of rents, damages and costs stated in the judgment of the MTC. The
supersedeas bond should be filed with the period for the perfection of the appeal and be filed with the MTC and it requires that it be
approved by the MTC. Take note also that after the perfection of the appeal, the records of the case will now be forwarded to the
appellate court to the RTC. So saan na I file ang supersedeas bond? It should be filed before the RTC. Upon perfection of the appeal,
doon na sa RTC.

Q: WHAT IS THE PURPOSE OF THE PERIODIC PAYMENTS? NOTE THAT IS THE THIRD REQUIREMENT FOR THE STAY OF
EXECUTION.
A: it shall answer for the rents accruing during the pendency of the appeal. Case in point (Chua v. CA, g.r. 113886, February 24,
1998. )
WHAT IS THE CORRECT PROCEDURE?
A: Although the decision is immediately executory, the judge should not order immediate execution of his decision.
This is based on the case of Lu v. Shapno,335 S 181. BAKIT NA NAMAN?
A: there must be a notice of the judgment and a motion for execution with notice to the adverse party. Case in point is Kaw v.
Anunciacion. 242 S 1. Although it is immediately executory but still kailangan pa ng motion for execution.

Q: ASSUME THAT THE PLAINTIFF WON THE CLAIMS, SO THE COURT WILL ORDER NA IBALIK SIYA IN POSSESSION OF THE
SAID PROPERTY. WHAT IF THE DEFENDANT WILL NOT VACATE, WHAT IS THE REMEDY?
A: The writ of execution will now be enforced by the court sheriff and the sheriff will forcibly eject the losing defendant.
Q: WHAT IF AYAW NYA PARIN UMALIS?
A: File for contempt against the sheriff. Why? Because the writ of execution is directed to the sheriff, so the sheriff is mandated.
Q: WHAT ABOUT PRELIMINARY INJUNCTION, CAN THE COURT GRANT THIS PROVISIONAL REMEDY IN FE AND UD CASE?
A: Yes! The court may grant PI in accordance with R58 to prevent the defendant from committing further acts of dispossession against
the plaintiff. A possessor deprived of his possession may move for preliminary mandatory injunction within 5 days to restore him of
his possession of the property. The court shall then decide the motion within 30days from the filing thereof.

Q: HOW ABOUT MONETARY AWARDS, WHAT CAN BE AWARDED BY THE COURT IN FE AND UD CASES?
A: Damages. What kind of damages? Fair and reasonable value of the use and enjoyment of the property or rent arising form loss of
possession which is limited to:
1. The rent in arrears.
2. Liquidated damages since they are already part of the contract.
Damages other than reasonable rents or the fair rental value are not recoverable by the plaintiff.
Q: WHAT ABOUT ATTORNEY'S FEES, CAN THAT BE AWARDED BY THE COURTS?
A: Yes that is under Article 2208 of the Civil Code, but the same shall not exceed 20,000 pesos.
Q: SO AGAIN, WHAT DAMAGES MAY BE AWARDED?
A: Liquidated damages as they are already part of the contract.
Q: HOW ABOUT MORAL DAMAGES, CAN IT BE AWARDED?
A: No! Note that temperate, moral and exemplary damages are not recoverable!
Q: SO WHAT KIND OF DAMAGES MAY BE AWARDED?
A: 1. The fair and reasonable value of the use and enjoyment of the property or the rent arising from the loss of possession.
2. The rent in arrears
3. liquidated damages
4. attorney's fees not exceeding 20k pesos.
So under section 16
SECTION 16. Resolving defense of ownership. - When the
defendant raises the defense of ownership in his pleadings
and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership
shall be resolved only to determine the issue of possession.

Q: UNDER S16, RESOLVING THE DEFENSE OF OWNERSHIP, IS THE COURT ALLOWED TO RESOLVE ISSUES ON
OWNERSHIP?
A: yes! But the same determination is only prima facie and provisional hence no res adjudicata. Case in point is ( Refugia v. CA, 258
S 347) Even if the defendant alleges ownership, MTC will not be divested of jurisdiction.

Q: IS PRELIMINARY MANDATORY INJUNCTION CAN STILL BE AVAILED OF EVEN ON APPEAL?

A: Before the RTC, if the appeal of defendant is frivolous or dilatory or the appeal of the plaintiff is prima facie meritorious, pwede
mag avail ng PMI. So in effect, the plaintiff will be restored of his possession.

SECTION 20. Preliminary mandatory injunction in case of

appeal. - Upon motion of the plaintiff, within ten (10) days
from the perfection of the appeal to the Regional Trial
Court, the latter may issue a writ of preliminary mandatory
injunction to restore the plaintiff in possession if the court
is satisfied that the defendant's appeal is frivolous or
dilatory, or that the appeal of the plaintiff is prima facie
meritorious. (9a)

Q: WHAT IS YOUR NEXT REMEDY AFTER RTC?

A: You can still appeal in the CA and SC.
SECTION 21. Immediate execution on appeal to Court of
Appeals or Supreme Court. - The judgment of the Regional
Trial Court against the defendant shall be immediately
executory, without prejudice to a further appeal that may
be taken therefrom. (10a)

Q: REGARDING THE ENFORCEABILITY AND THE BINDING EFFECT OF THE JUDGMENT IN FE AND UD CASES.
A: GR, the said judgment is enforceable only against the party sought to be ejected under a writ of execution EXCEPT
trespassers, squatters, transferees pendente lite, the sublessees and the family members and guests as mentioned earlier.

the

Now let's go to this demand.

Q: IT IS SAID EARLIER THAT DEMAND IS JURISDICTION IF IT UD, HOW SHOULD DEMAND BE MADE?
A: Demand may be made orally. The leading case here is Jackijaca v. Aquino, 181 S 67. Demand may be made orally, if demand is
made upon the person found in the premises it must be done by serving him notice of such demand or by posting such notice on the
premises if no such person be found. It may also be made thru registered mail.
Q: HOW ABOUT LBC, PWEDE BA YUNG PRIVATE COURIER?
A: to be safe, registered mail ka thru the Philippine postal corporation. But It can be done thru LBC.
Q: WHAT IF YOUR GROUND FOR UD IS FAILURE TO PAY THE RENT OR TO COMPLY WITH THE CONDITIONS OF THE LEASE?
A: For emphasis, in these cases you have to make 2 demands. First is the demand to pay the rental or comply with the conditions of
the lease and if he does not comply with the said demand, then you have to give a demand to vacate within 15 days in case of land
or 5 days in case of buildings from notice thereof. This requirement is jurisdictional.
Q: BAKIT HINDI SUFFICIENT YUNG DEMAND TO PAY OR TO COMPLY WITH THE CONDITIONS OF THE LEASE? WHY 2
DEMANDS?
Section 2. Lessor to proceed against lessee only after demand.
Unless otherwise stipulated, such action by the lesser shall be
commenced only after demand to pay or comply with the conditions
of the lease and to vacate is made upon the lessee, or by serving
written notice of such demand upon the person found on the
premises if no person be found thereon, and the lessee fails to
comply therewith after fifteen (15) days in the case of land or five
(5) days in the case of buildings. (2a)
A: It is not sufficient, because the demand to pay or comply only makes the lessee in default, while demand to pay and vacate is a
requirement for the filing of an UD case, and that will make the possession of the defendant illegal. So kailangan ng 2 demands!
Q: WHEN IS PRIOR DEMAND NOT REQUIRED? FOR EXAMPLE NAG RENT SIYA NG BUILDING TAPOS NAG EXPIRE NA ANG
PERIOD OF LEASE, HINDI PA SIYA NAG VACATE, KAILANGAN PA BA MAG DEMAND TO VACATE TO FILE FOR UD CASE?
A:
1. When the purpose of the action is to terminate the elase by reason of the expiration of its term and not for failure to pay the
rentals or failure to comply with the conditions of the lease contract. Demand is not necessary because upon expiration of the terms
of the lease, the lessee is already considered as unlawfully withholding the property. That's why no need for prior demand, Case in
point is (Panganiban v. Filipinas petroleum, 395 S 624.)
Article 1669 of the Civil code.
Article 1669. If the lease was made for a determinate time,
it ceases upon the day fixed, without the need of a
demand. (1565)

2. When the purpose of the action is not for ejectment but force the enforcement of the terms of the contract: ( Guanzon vs AngBan
77 phil 7)
Q: WHAT IF YOUR LEASE IS FOR MONTH TO MONTH
A: at the expiration of the said month, you should give your demand, to prevent the lease form being renewed impliedly. ( Chua vs
CA 60 SCRA 57)
Cross reference to Article 1687 of the CC
Article 1687. If the period for the lease has not been
fixed, it is understood to be from year to year, if the rent
agreed upon is annual; from month to month, if it is
monthly; from week to week, if the rent is weekly; and from
day to day, if the rent is to be paid daily. However, even
though a monthly rent is paid, and no period for the lease
has been set, the courts may fix a longer term for the lease
after the lessee has occupied the premises for over one
year. If the rent is weekly, the courts may likewise
determine a longer period after the lessee has been in
possession for over six months. In case of daily rent, the
courts may also fix a longer period after the lessee has
stayed in the place for over one month. (1581a)

(Penas Jr vs CA)
So note ha, demand to pay and demand to vacate. An alternative demand to either renew the expired lease contract at a higher
rental rate or vacate, is not a definite demand to vacate and therefore an insufficient basis for the filing of a case for UD. That is
based in the case of Penas Jr. v. CA, 233 S 744. Demand to pay the rental AND demand to vacate, yun ang kailangan ng law.
(Uy vs CA 178 SCRA 671)
Q: HOW ABOUT REFUSAL OR FAILURE TO COLLECT RENTALS, IS THAT A VALID DEFENSE IN UD CASES?
A: this is not a defense! There must be valid consignation. Consignation must be in the court or on the bank in the name of and
notice to the lessor and not to elsewhere. (Medina vs Ca 255
The case of (Cursino vs Bautista 176 SCRA 65)
Acceptance if back rentals after demand to vacate does not legitimize possession.
Another case is the case of (Caniza v. CA, 268 S 640.)An action for Ejectment is not abated by the death of the defendant because
the heirs become the substitute defendants. How about the executor or administrator? It should be the heirs.
Regarding that immediately executory judgment
(Acbang vs Honorable Luczon GR 164246 Jan 15, 2014)
Why is it immediately executory? It is in order to prevent further damage to the plaintiff arising from the loss of possession of the
property in question. .

RULE 71
Contempt

Q: SO WE ARE NOW WITH THE LAST RULE, THE RULE ON CONTEMPT. SO HOW DO WE DEFINE CONTEMPT?
A: Contempt is a remedy for the preservation of the dignity of the court against which it is committed. Case in point is (Calo jr. vs.
Ibarnez, 88 S 78. )
Q: IS THIS CONSIDERED AS AN INHERENT POWER OF THE COURT?
A: The power to punish contempt is inherent in all courts and is essential to the preservation of order in judicial proceedings and the
enforcement of judgment, orders and mandates of the courts and consequently to the due administration of justice.
Q: CAN QUASI-JUDICIAL BODIES PUNISH FOR CONTEMPT?
A: GR, NO. they do not have contempt powers unless authorized by law.
Q: How do you define contempt?
A: It is the defiance of authority, justice or dignity of the court when such conduct tends to break the authority and administration of
the law to disrespect or interfere with the parties, litigants or witnesses during litigation.
Q: What court has jurisdiction in contempt cases?
Section 5. Where charge to be filed. Where the charge for
indirect contempt has been committed against a Regional Trial
Court or a court of equivalent or higher rank, or against an officer

appointed by it, the charge may be filed with such court. Where
such contempt has been committed against a lower court, the
charge may be filed with the Regional Trial Court of the place in
which the lower court is sitting; but the proceedings may also be
instituted in such lower court subject to appeal to the Regional Trial
Court of such place in the same manner as provided in section 11
of this Rule. (4a; Bar Matter No. 803, 21 July 1998)
A: If a charge for direct contempt was committed against a RTC or a court of equivalent or higher rank, or against an officer appointed
by it, the contempt case should be filed before such court.
Where such contempt has been committed against a lower court, the charge may be filed before a RTC of the place where the lower
court is sitting. But execution of the judgment or final order shall not be suspended until a bond has been filed by the person
adjudged in contempt.
Q: WHAT ARE THE DIFFERENT KINDS OF CONTEMPT?
A:
Section 1. Direct contempt punished summarily. A person guilty
of misbehavior in the presence of or so near a court as to obstruct
or interrupt the proceedings before the same, including disrespect
toward the court, offensive personalities toward others, or refusal to
be sworn or to answer as a witness, or to subscribe an affidavit or
deposition when lawfully required to do so, may be summarily
adjudged in contempt by such court and punished by a fine not
exceeding two thousand pesos or imprisonment not exceeding ten
(10) days, or both, if it be a Regional Trial Court or a court of
equivalent or higher rank, or by a fine not exceeding two hundred
pesos or imprisonment not exceeding one (1) day, or both, if it be a
lower court. (1a
There is direct contempt or contempt facie curae (not sure of the spelling), consists of his behaviour committed in the presence of or
so near a court or judge as to obstruct or interrupt proceedings before the same. This is summarily made without any charge
necessary. So halimbawa lawyer kayo and nag hearing ang judge tapos nag ring ang cellphone mo bigla, can you be punished for
direct contempt? Yes because you obstruct the proceedings, and you can be fined. So that can be considered as direct contempt.
Q: WHAT IS YOUR REMEDY?
Section 2. Remedy therefrom. The person adjudged in direct
contempt by any court may not appeal therefrom, but may avail
himself of the remedies of certiorari or prohibition.
The execution of the judgment shall be suspended pending
resolution of such petition, provided such person files a bond fixed
by the court which rendered the judgment and conditioned that he
will abide by and perform the judgment should the petition be
decided against him. (2a)
The remedy of appeal is not available.
Q: HOW ABOUT INDIRECT OR CONSTRUCTIVE CONTEMPT?
Section 3. Indirect contempt to be punished after charge and
hearing. After a charge in writing has been filed, and an
opportunity given to the respondent to comment thereon within
such period as may be fixed by the court and to be heard by himself
or counsel, a person guilty of any of the following acts may be
punished for indirect contempt;
(a) Misbehavior of an officer of a court in the performance
of his official duties or in his official transactions;
(b) Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including the act of
a person who, after being dispossessed or ejected from
any real property by the judgment or process of any court
of competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the
purpose of executing acts of ownership or possession, or
in any manner disturbs the possession given to the
person adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
(d) Any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court,
and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or

property in the custody of an officer by virtue of an order

or process of a court held by him.
But nothing in this section shall be so construed as to prevent the
court from issuing process to bring the respondent into court, or
from holding him in custody pending such proceedings. (3a)
A: Refers to contumacious acts perpetrated outside of the sitting court which may be punished only after a written charge and due
hearing.
Q: WHAT IS YOUR REMEDY FOR INDIRECT CONTEMPT?
A: the Remedy of appeal.
Q: NOW ASSUME, ON APPEAL, DEFENDANT IS ADJUDGED AS NOT liable, what is the remedy of adverse party?
A: Appeal is not a remedy anymore, because DOUBLE JEOPARDY has already attached. Kasi acquitted na sya eh, read the penalty:
Section 7. Punishment for indirect contempt. If the respondent is
adjudged guilty of indirect contempt committed against a Regional
Trial Court or a court of equivalent or higher rank, he may be
punished by a fine not exceeding thirty thousand pesos or
imprisonment not exceeding six (6) months, or both. If he is
adjudged guilty of contempt committed against a lower court, he
may be punished by a fine not exceeding five thousand pesos or
imprisonment not exceeding one (1) month, or both. If the contempt
consists in the violation of a writ of injunction, temporary restraining
order or status quo order, he may also be ordered to make
complete restitution to the party injured by such violation of the
property involved or such amount as may be alleged and proved.
The writ of execution, as in ordinary civil actions, shall issue for the
enforcement of a judgment imposing a fine unless the court
otherwise provides. (6a)
Although diba pag direct contempt meron man din imprisonment, pero sabi natin, in indirect contempt cases para na syang na acquit.
The main distinction is that for direct contempt, immediately sya, uy I will punish you for direct contempt, the remedy there is
prohibition or certiorari.
Pag indirect contempt, there should be a verified petition that is filed before the court. Para syang initiatory pleading ulit. Take note
that the party filing that should comply with the requirements for filing initiatory pleadings in ordinary civil actions. So, required CFNS.
Section 4. How proceedings commenced. Proceedings for
indirect contempt may be initiated motu propio by the court against
which the contempt was committed by an order or any other formal
charge requiring the respondent to show cause why he should not
be punished for contempt.
In all other cases, charges for indirect contempt shall be
commenced by a verified petition with supporting particulars and
certified true copies of documents or papers involved therein, and
upon full compliance with the requirements for filing initiatory
pleadings for civil actions in the court concerned. If the contempt
charges arose out of or are related to a principal action pending in
the court, the petition for contempt shall allege that fact but said
petition shall be docketed, heard and decided separately, unless
the court in its discretion orders the consolidation of the contempt
charge and the principal action for joint hearing and decision. (n)
Q: IS THE DEFENDANT CHARGED WITH INDIRECT CONTEMPT REQUIRED TO ANSWER THE CHARGES AGAINST HIM?
A: Yes
Q: WHAT IS THIS BENCH WARRANT IN RELATION TO THE CONTEMPT RULE?
A: Warrant issued by the court when the acts constitute contempt/
Q: CAN YOU LIFT THAT BENCH WARRANT?
You file a bond and file a motion to lift the bench warrant.
Q: CAN YOU MOVE FOR THE REDUCTION OF THE BAIL?
A: Yes
Section 6. Hearing; release on bail. If the hearing is not ordered
to be had forthwith, the respondent may be released from custody
upon filing a bond, in an amount fixed by the court, for his
appearance at the hearing of the charge. On the day set therefor,
the court shall proceed to investigate the charge and consider such
comment, testimony or defense as the respondent may make or
offer. (5a)

Q: CAN YOU CHARACTERIZE INDIRECT CONTEMPT AS A CRIMINAL CONTEMPT? HOW DO YOU CHARACTERIZE CRIMINAL
OR CIVIL CONTEMPT?
The real characteristics of the proceeding in contempt cases is determined by the relation or by its dominant purpose. Thus, the
proceedings are regarded criminal when the purpose are primarily for punishment and civil when the purpose is remedial.
So, can you consider indirect contempt a criminal contempt? No pa rin because they are of different classification. So again,
classification of contempt as to the manner of commission is direct or indirect. As to their nature, civil or criminal.
Civil contempt: is failure to do something ordered to be done by the court or a judge for the benefit of the opposing party. It is
remedial or compensatory in nature.
Criminal contempt: on the otherhand is a contempt directed against the dignity and authority of the court, unlawfully assailing and
discrediting the authority of the court or judge or in doing a forbidden act. If it is criminal contempt, intent is a necessary element and
it is punitive in nature. Unlike civil contempt which is remedial and compensatory in nature. Case in point, ( REMMAH enterprise v.
CA, 268 S 68. )
Note that under R71, if you are charged with criminal contempt you can also be charged for direct contempt, hindi siya mag preclude.
Q: HOW DO YOU DISTINGUISH DIRECT AND INDIRECT CONTEMPT?
DIRECT
DISTINCTIONS
INDIRECT
near a court or
WHEN
it
can
be
judge
COMMITTED
committed
anywhere as long
as the acts in
section
3
are
present/committe
d
The person will NATURE OF THE Necessarily, there
be
summarily
PROCEEDINGS
should
be
a
adjudged by the
charge in writing
court.
before the court.
Summarily
adjudged

Certiorari
prohibition

HOW THE
PROCEEDNGS
ARE
COMMENCED

and

REMEDIES

By the court motu

propio,
upon
order, any form of
charge,
or
on
cases not by a
mere motion, file
a verified petition
and you have to
comply with the
initiatory
pleadings
Appeal
available

is

Q: IS FAILURE TO OBEY AN ERRONEOUS JUDGMENT CONTEMPTUOUS?

A: Yes, because that is still considered as a judgment of the court.
One of the grounds of indirect contempt is disobedience or resistance to a lawful writ.
Q: WHEN IS RESISTANCE CONSIDERED CONTEMPTUOUS?
A:
1. It must appear that an order was in fact made by a court, requiring the performance of an act;
2. the acts which are forbidden or required to be done must be clearly defined; and
3. the order must be lawful; and
4. the disobedience must be wilful.
Q: HOW ABOUT FAILURE TO ATTEND A SCHEDULED HEARING WITHOUT A VALID CAUSE?
A: In the case of (Judge Pakuripot v. Lim, 275 S 543), the SC ruled that the failure to attend a scheduled hearing without a valid
cause is a ground for indirect contempt. Provided that:
1. There should be a valid complaint in writing which may either be a motion for contempt filed or an order of the court
requiring the person to appear
2. Opportunity for the person charged to appear and explain his side.

Q: IS THE SUBMISSION OF FALSE CFNS CONTEMPTUOUS?

A: Yes. Another case is that of (Espinosa v. CA, G.R. 128686, May 28, 2004), here the SC held that the submission of false
certificate of non-forum shopping is punishable by indirect contempt. Contempt is punishable even if committed without relation to a
pending case.
Another case (Paredes Garcia v. CA, 261 S 693,) the power to punish for contempt is inherent in all courts and this power is an
implied constitutional power.
(Bugaring v. Espanol, 349 S 687), SC ruled that the court cannot help but notice the sarcasm in petitioner's use of the phrase
Your Honor, please for after using the same phrase he manifested utter disrespect to the court in his subsequent utterances.
(Barrete v. Amila, 230 S 219) , the mere refusal or unwillingness on the part of complainant to vacate did not constitute contempt.

Q: REQUISITES UNDER DIRECT CONTEMPT

A: In the presence of the judge or the court, so immediate yan siya. An order of direct contempt is not appealable. What is your
remedy then? Certiorari or prohibition.
Q: HOW ABOUT INDIRECT CONTEMPT?
A: The grounds may be found in the rule: Disobedience or resistance to a lawful writ, process, order or judgment of the court, or any
unauthorized intrusion to any real property after being ejected.

Q: HOW ABOUT CONTEMPT BY A NON-PARTY, IS THAT ALLOWED?

A: GR no, no contempt can be done by one who is not a party to the case.
Exception: persons who are not parties to a proceeding may be declared guilty for contempt for wilful violation of an order issued in
a case, if such persons are guilty of conspiracy with anyone of the parties in violating the court's order. (Desa Enterprises vs SEC
117 SCRA 321)
Q: CAN THERE BE CONTEMPT OF COURT IF THE CASE IS NOT YET TERMINATED? INTERLOCUTORY ORDERS?
Yes, there may be contempt of court eventhough the case has been terminated if such publication is attended by either of these
circumstances: a. where intent to bring the court into disrespect; or in other words to scandalize the court; b. clear and present
danger that the administration of justice would be impeded. That is the case of (Godoy v. People, 243 S 64.)
Q: HOW ABOUT IF YOU CRITICIZE THE JUDGE?
A: GR: Fair criticism is allowed. As to what is fair criticism, I dont know.
Take note class, quasi judicial agencies:
GR: No, unless authorized by law.
Section 12. Contempt against quasi-judicial entities. Unless
otherwise provided by law, this Rule shall apply to contempt
committed against persons, entities, bodies or agencies exercising
quasi-judicial functions, or shall have suppletory effect to such rules
as they may have adopted pursuant to authority granted to them by
law to punish for contempt. The Regional Trial Court of the place
wherein the contempt has been committed shall have jurisdiction
over such charges as may be filed therefor. (n)
Provisions not discussed:
Section 8. Imprisonment until order obeyed. When the contempt
consists in the refusal or omission to do an act which is yet in the
power of the respondent to perform, he may be imprisoned by order
of the court concerned until he performs it. (7a)
Section 10. Court may release respondent. The court which
issued the order imprisoning a person for contempt may discharge
him from imprisonment when it appears that public interest will not
be prejudiced by his release. (9a)
Section 11. Review of judgment or final order; bond for stay.
The judgment or final order of a court in a case of indirect contempt
may be appealed to the proper court as in criminal cases. But
execution of the judgment or final order shall not be suspended until
a bond is filed by the person adjudged in contempt, in an amount
fixed by the court from which the appeal is taken, conditioned that if
the appeal be decided against him he will abide by and perform the
judgment or final order. (10a)