POST-JUDGMENT REMEDIES (4)

1. Motion for New Trial or Reconsideration

2. Appeals
3. Relief from Judgments, Orders and Other proceedings
4. Annulment of Judgments or Final Orders and Resolutions

EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

PROVISIONAL REMEDIES (5)

1. Preliminary Attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
5. Support Pendelite

SPECIAL CIVIL ACTIONS (10)

1. Interpleader
2. Declatory Relief and Similar Remedies
3. Review on Judgments and Final Orders and Resolutions of the COMELEC and the
COA
4. Certiorari, Prohibition, Mandamus
5. Quo Warrant
6. Expropriation
7. Foreclosure of REM
8. Partition
9. Forcible Entry and Unlawful Detainer
10. Contempt

POST-JUDGMENT REMEDIES (4)

I.
Rule 37: New Trial or Reconsideration
Within the period of appeal
Set aside the judgment/final order
Grant a new trial
Grounds for New Trial (2)
1. Fraud, Accident, Mistake, Excusable Negligence
2. Newly discovered evidence
Grounds for Reconsideration (3)
1. Damages awarded are excessive
2. Insufficient evidence to justify the decision/final order
3. Decision/final order is contrary to law
Motion for New trial shall be proved by (3)
1. Affidavits with merits
2. Affidavits of the witnesses
3. Authenticated documents
Motion for Reconsideration shall point out specifically the findings and conclusions of
the judgment/final order which are not supported by the evidence or contrary to law.
Non-compliance with this requirement shall be a Pro Forma motion for new
trial or eeconsideration and shall not toll the reglementary period of appeal.
Second motion for new trial is permissible- when a ground for new trial was not
existing/available when the first motion was made.
Second motion for Reconsideration is not allowed

New Trial
Denied
Petition
Rule 65

for

Granted
Original judgment/final order shall be
Certiorari
vacated and the action shall be trial de
novo

II.

Appeals

Appeal from MTC to RTC

When: within 15 days after notice of judgment/final order
How? By filing notice of appeal

Notice
w/in 15 days after
notice of judgment/final
order

Record
w/in 30 days after
When?
notice of judgment/final
order
Required only in special
proceedings and in other
cases of multiple or
separate cases
upon the approval of the
Perfection of an upon filing the notice of
record on appeal filed in
appeal
appeal in due time
due time
the
court
loses
the
court
loses jurisdiction only over
jurisdiction over the the subject matter upon
In appeals by
case upon the perfection the approval of the
and expiration to appeal record and expiration to
appeal
Appeal from RTC
Notice of Appeal w/in 15 days after notice of judgment/final order
Record on appeal w/in 30 days after notice of judgment/final order
Habeas Corpus w/in forty-eight (48) hours from the notice of judgment/final
order
Dismissal of Appeal upon motu propio or motion (3)
a. Dismiss for having been taken out of time
b. Non-payment of the docket and other lawful fees
Perfection of an appeal
a. Timely filing of a petition for review
b. Payment of the docket and other lawful fees
*Effect: RTC loses jurisdiction over the case

Matters not appealable

a. Order denying a petition for relief or any similar motion seeking relief from
judgment
b. Interlocutory order
c. Order disallowing or dismissing an appeal
d. Order denying a motion to set aside judgment by consent or compromise on the
ground of fraud, mistake or duress, or any other ground vitiating consent
e. Order of execution
f. While the case is pending, judgment or final order for against one or more
several parties or in separate claims, counter claims. third-party complaints
Except if court allows appeal
g. Order dismissing an action without prejudiced

Ordinary appealed cases

Appellee vs. appellant

Rule 45 vs Rule 65

Issues raised

RULE 45

RULE 65

Question of law

Grave
abuse
of
discretion amouting lack
or excess of jurisdiction

Against
what Review of judgment,
court
action award or final order on
directed
the merits
Judgment
on
the
Effect of the proceedings
appealed
Proceedings
from is stayed by the
appeal

interlocutory order
No effect
preliminary
or a TRO
issued

unless a
injunction
has been

Question of Fact vs. Question of law

Question of Fact
Question of Law
doubt arises as to what doubt arises as to the
the law is on a certain tright or falsehood of the

state of facts

facts alleged

Final Order vs. Interlocutory Order

Final Order
Disposes of the matter
on its entirety leaving
nothing more to be done
but to enforce execution
Appealable
Must
clearly
and
distinctly state the facts
on which it is based
III.

Interlocutory Order
Does not dispose of a
case
completely
but
leaves something more
to be decided upon
Not Appealable
No need to comply with
such requirement

Relief from Judgments, Orders and Other proceedings

Relief from Judgment, Orders and Other proceedings is a legal remedy whereby a
party seeks to set aside a judgment where he is unjustly deprived of a hearing or was
prevented from taking an appeal because of fraud, accident, mistake or excusable
negligence

Exceptional cases that there is no other available remedy

Judgment/final order is entered or any other proceeding through Fraud,
Accident, Mistake or Excusable Negligence
Petition that the judgment/order or proceeding be set a side
Denied motion for new trial or reconsideration can no longer file a partion for
relief from judgment
Grounds: (F-A-M-E-N)
a.
b.
c.
d.

Fraud
Accident
Mistake
Excusable Negligence
Petition for relief from denial of appeal file a petition praying that the appeal
be given due course

 Petition for relief under Rule 38 is an admission that the period to appeal from
the decision had already expired

IV.

Annulment of Judgments or Final Orders and Resolutions

Annulment by the CA of judgment or final orders and resolutions in civil actions of

RTC which ordinary remedies of New Trial, Appeal, Petition for relief or other
appropriate remedies are NO LONGER AVAILABLE

Grounds for annulment (2)

a. Extrinsic fraud (filed within 4 years from the discovery)
b. Lack of jurisdiction (before barred by laches or estoppel)
*If the appropriate remedies are no longer available w/out the fault of the
petitioner, petition for annulment of judgment/final order/ resolution may be
resorted to.

I.
Receivership
One or more receiver of the property may be appointed
Receiver is a person appointed by the court in behalf of all the parties to the
action for the purpose of preserving and conserving the property in litigation
and prevent its possible destruction or dissipation if it were left in the
possession of any of the parties
Sec. 3 Denial of application or discharge of receiver
a. Adverse party files a sufficient bond to answer damages
b. Appointment was obtained without sufficient cause
c. Bond is found to be insufficient in amount
d. Surety/sureties failed to justify
Two kinds of bond:
a. Applicants bond
b. Receivers bond

EXECUTION, SATISFACTION and EFFECT OF JUDGMENTS

Sec.1 Execution upon judgments or final orders as a matter of right upon the
expiration of the period or if no appeal has been duly perfected
If appeal has been perfected execution may be applied for in the court of origin
Final Order vs. Execution
Final Order
leaves nothing more to
be done

Execution
a matter of right upon the
execution of the period to appeal
and no appeal was perfected or
order that disposes of the action
or proceedings

Sec. 2 (A) Discretionary execution

a. Execution of a judgment or a final order pending appeal
- On motion, the court may in its discretion order execution before
expiration of the period to appeal
Requisites (2)
A1. While it has jurisdiction over the case
A2. And is in possession of either original record or the record on appeal

*After trial court lost jurisdiction, the motion for execution on pending appeal may
be filed in the appellate court.
*May be issued only for good reasons

Sec. 2 (B) Execution of Several, Separate or Partial Judgments

Sec. 3 Stay of Discretionary execution discretionary execution may be stayed
upon the approval of supersedeas bond
Sec. 4 Judgments not stayed by appeal ( I-R-A-S-S)
a. Injunction
b. Receivership
c. Accounting
d. Support
e. Such other judgments immediately executory
XPN: ordered by the trial court
*discretion of appellate court may make an order suspending, granting,
modifying, or restoring

Sec. 6 Execution by motion or by independent action

Sec. 7 Execution in case of death of party

a. Judgment Obligee application
A1. Executor
A2. Administrator
A3. Succession in interest

b. Judgment Obligaor against executor

A1. Executor
A2. Administrator
A3. Successor in interest
*Recovery of real/personal/enforcement of lien
Sec. 9 Execution of judgments for money (3)
a. Immediate payment on demand
b. Satisfaction by levy - Personal and Real property
c. Garnishment of debts and credits - bank deposits, financial interests,
royalties, commission and other personal property not capable of manual
delivery
Sec. 13 Property exempt from exclusion
XPN/Not exempt from FORECLOSURE of a mortgage
LEVY vs GARNISHMENT

LEVY

seizure of
real or personal
property
belonging
to
the
judgment debtor for subsequent
execution
sale
to
satisfy
judgment

GARNISHMENT
is the process of notifying a third
person to retain and attach the
property he has in his possession
or under his control belonging to
the judgment debtor to make
disclosure
to
the
court
concerning the same and to
dispose of the same to satisfy the
judgment

Garnishment of debts and credits the process of levying shall be called

garnishment if the property involved is money, stocks or other incorporeal
property in the hands of third persons
Terceria third person whose property was levied on must make an affidavit of
his title thereto or right to that possession thereof stating the grounds of such
right or title
Rules on Redemption redeem property at any time within one year from the
date of the registration of the certificate of the sale
*only real properties

PROVISIONAL REMEDIES
II.
Preliminary Attachment
At the commencement of the action or at any time before the entry of judgment
May have the property of the adverse party attached as security for the
satisfaction of any judgment
XPN/unless: such party makes a deposit or gives a bond
Ex parte or motion
Sec. 13 Discharge of attachment on other grounds (4):
a. Improperly or irregularly issued or enforced
b. Bond is insufficient
c. Attachment is excessive
d. Defect is not cured forthwith
Levied upon the property of the defendant so the property may be held as
security for the satisfaction of the judgment
Seize the property for the purpose of satisfying judgment

III.
Preliminary Injunction
Order granted at any stage of an action or proceedings
Requiring a party/court agency or a person to refrain from a particular act/acts
(preliminary preventive injunction) or require the performance of a particular
act (preliminary mandatory injunction)
Grounds (2):
a. Applicant is entitled to the relief
b. There is a violation of the rights of the applicant
Sec. 5 Preliminary Injunction is not granted w/out notice
XPN/unless:
a. Great or irreparable injury would result ( TRO effect only for 20 days)

b. Extreme urgency (TRO effective seventy two (72) hours

Preliminary Injunction is not resolved TRO is deemed automatically vacated
Sec. 6 Grounds for objection to or for motion of dissolution of injunction or
restraining order (3)
a. Insufficiency
b. Opposed by the applicant by affidavits
c. Would cause irreparable damage
Requirements for Preliminary Injunction (4)
a. Verified application
b. Facts entitling to the relief
c. Bond
d. Notice of hearing
Injunction vs. Prohibition
Injunction
against a party

does not involve courts

jurisdiction

Prohibition
directed against a court,
tribunal,
person
extending quasi-judicial
powers
court
whom
sought
acted without in excess
of jurisdiction

may be the main action

itself
or
provisional main action
remedy in main action
IV.
Replevin
Recovery of possession of PERSONAL property at the commencement of the
action or at any time before answer apply for an order for the delivery of such
property to him
Requisites (4)
a. Applicant is the owner
b. Property is wrongfully detained by the adverse party
c. Property has not been distrained by the adverse party
d. Actual market value of the property
*cannot be availed of if the property is in custodia legis
XPN/unless: when the seizure is illegal

Bond the applicant must also give a bond, executed to the adverse party in
double the value of the property as stated in the affidavit

 Writ of replevin, describing the personal property alleged to be wrongfully

detained and requiring the sheriff forthwith to take such property into his
custody
V.
Support Pende Lite
may be filed by any party stating the grounds for the claim and the financial
conditions of both parties and accompanied by affidavits, depositions and
authentic documents.
It is an amount of support provisionally fixed by the court in favor of the
person/s entitled thereto during the pendency of an action for support

SPECIAL CIVIL ACTIONS

I.
Interpleader
Whenever conflicting claims upon the same subject matter are or may be made
against a person who has no interest whatever in the subject matter or an
interest which in whole or in part is not disputed by the claimants, he may
bring an action against the conflicting claimants to compel them to interplead
and litigate their several claims among themselves
A remedy whereby a person who has property in his possession or has an
obligation to render wholly or partially without claiming any right in both
comes to court and ask that the defendants who have made conflicting claims
upon the same property or who consider themselves entitled to demand
compliance with the obligation be required to litigate among themselves in
order to determine who is entitled to the property or payment of the obligation
Requisites (3)
a. There must be two or more claimants
b. Plaintiff has no claim
c. Subject matter of the adverse claims must be one and the same
Motion to dismiss (2)
a. Impropriety of the interpleader
b. Other appropriate grounds specified in Rule 16

II.
Declatory Relief and Similar Remedies
Who may file? Any person interested under a deed, will, contract or other
instruments whose rights are affected by a statute, executive order or regulation,
ordinance may before breach or violation thereof bring an action in the

appropriate RTC to determine any question of construction or validity of his

rights or duties
In motion for reformation of an instrument to quiet title to real property or to
remove the clouds there on or consolidate ownership may be brought under
this rule

III.
Certiorari, Prohibition, Mandamus
Without or inexcess of jurisdiction or with grave abuse of discretion amounting
to lack or excess of jurisdiction
CERTIORARI

PROHIBITION
MANDAMUS
Judicial, quasiJudicial
or judicial
or tribunal, board officer
quasi-judicial
ministerial
or person
functions
unlawfully neglects the
commanding
performance of his duty
annulling
or the respondent
or unlawfully excludes
modifying the to desist from
another from the use
proceedings
further
and enjoyment of a right
proceedings
or office
IV. QUO WARRANTO
Action by government against individuals
An action for usurpation of public office, position or franchise (3)
a. A person who usurps, intrudes into or unlawfully holds or exercise public
office, position or franchise

b. Public officer who does or suffers an act which by the provision of law
constitutes a ground for the forfeiture of his office
c. An association which acts as a corporation within the Philippines without
being legally incorporated
When S.Gen or Public Prosecutor must commence an action?
a. Directed by the President of the Philippines
b. Upon complaint
c. Good reasons to believe and can be established by proof
When S.Gen or Public Prosecutor may commence an action with permission of
court?
a. Request
b. And upon the relation of the other person
Judgment where usurpation found (Sec. 8) shall render respondent ousted
and excluded therefrom and petitioner/relator may recover his costs
Limitation (Sec. 11) commenced within one (1) year after cause of such ouster
or right of the petitioner to hold such office
IV.
Expropriation
(Sec. 4) payment of just compensation is determined as of the date of the taking
of the property or filing of the complaint, which ever came first
Requisites (4)
a. For public use/purpose
b. Real or personal property
c. Join as all defendants for claiming parties
d. Just compensation

V.

Foreclosure of Real Estate Mortgage

VI.

Partition

Real and personal property

Sec 3. Commissioners to make partition when parties fails to agree
Sec. 5 assignment/sale of Real Estate by commissioners
Real estate/portion cannot be divided, the court may assigned to one of the
parties willing to take, provided he pays the amount
EXCEPT/UNLESS: one of the interested parties asked to be sold, instead of
being assigned, the court shall order to sell the real estate at public sale

VII.

Forcible Entry and Unlawful Detainer

 Accion Publiciana recovery of the right to possess

Accion Reinvindicatoria recover of ownership
Pleadings allowed (4)
a. Complaint
b. Compulsory counter claim pleaded in the answer
c. Counter claim pleaded in the answer
d. Answer

VIII. Contempt
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 of, to
interfere with, or prejudice parties litigant or their witnesses during litigation.
Disobedience to the court by setting up an opposition to its authority, justice
and dignity
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.
Remedy (Direct Contempt)
a. Certiorari
b. Prohibition

VI.
Receivership
One or more receiver of the property may be appointed
Receiver is a person appointed by the court in behalf of all the parties to the
action for the purpose of preserving and conserving the property in litigation

and prevent its possible destruction or dissipation if it were left in the

possession of any of the parties
Sec. 3 Denial of application or discharge of receiver
e. Adverse party files a sufficient bond to answer damages
f. Appointment was obtained without sufficient cause
g. Bond is found to be insufficient in amount
h. Surety/sureties failed to justify
Two kinds of bond:
c. Applicants bond
d. Receivers bond