Professional Documents
Culture Documents
Guardianship
Indigent ex parte motion allowed (motion to declare indigent only motion allowed
before complaint
Elements venue
1. in writing
3. features of exclusivity
Non Resident Defendant only for civil status of plaintif and property of such
defendant in the Phils.
Jurisdiction agreed after filed in court, still valid but upon discretion of the court
Real Actions
1. Unlawful detainer, forcible entry, accion publiciana, accion reinvidicatoria,
quiet title, remove cloud on title.
6. Cancellation of TCT
Personal Actions
Reinvidicatoria = in personam
1. Natural person
Exception Barangay
4. executive/judiciary
Barangay may transform into arbitral tribunal, quasi judicial in writing, repudiate
within 5 days. May order arbitral awards which is unappealable.
Motion to dismiss only jurisdiction over subject matter and prior barangay
conciliation.
Small claims claim of money does not exceed 100,000. Lawyers not allowed to join
in the proceedings
Small claims just fill up, certified photocopies of actionable document allowed
Small claims unlike Special Procedure does not involve criminal cases
Small claims final and executory. Stop by TRO or writ of preliminary injunction by
filing an injunction bond
Page 22 Pleadings
Page 138
Kalikasan
1. by complaint
a. interpleader
b. expropriation
c. foreclosure of real estate mortgage
d. partition
e. forcible entry and unlawful detainer
2. by petition
a. declaratory relief
b. review of judgments and final orders or resolutions of the COMELEC / COA
c. Certiorari
d. Prohibition
e. Mandamus
f. Quo Warranto
g. Contempt
h. Petition for Writ of Kalikasan
i. Petition for Continuing Mandamus
Interpleader
Can be filed thru an answer
Barangay Conciliation applicable to all special civil actions except for particular cases.
Q: What are the three special civil actions which are within the jurisdiction of
MTCs?
A:
1. Interpleader, provided that the amount is within the jurisdiction of such MTC
2. Ejectment suits
3. Contempt
4. Also partition in accordance with jurisprudence
Q: What is an interpleader?
A: It is a special civil action filed by a person against whom two conflicting claims are made
upon the same subject matter and over which he claims no interest, to compel the claimants
to interplead and to litigate their conflicting claims among themselves. (Sec. 1, Rule 62).
Q: What are the requisites in order that the remedy of interpleader may be
availed of?
A:
1. Plaintif claims no interest in the subject matter or his claim is not disputed
2. Two or more claimants asserting conflicting claims
3. The subject matter must be one and the same
4. Person in possession or obliged files a complaint.
5. The parties to be interpleaded must make efective claims.
6. Payment of docket and other lawful fees.
You will meet decisions of the SC concerning declaratory relief to the efect that you cannot
file a motion for execution in order to carry out the declaratory judgment
In a clarificatory judgment, that is where a judgment that has become final and executory
but has certain ambiguities with that judgment.
In declaratory judgment the court will only tell the petitioner what his rights and duties are
under a certain will or contract.
DECLARATORY JUDGMENT ORDINARY JUDGMENT
Declaratory judgment stands by itself and Ordinary judgment involves executor or
no executory process follows coercive relief
Intended to determine any question of Intended to remedy or compensate injuries
construction or validity prior to breach or already sufered
violation
Note: The enumeration of the subject matter is exclusive, hence, an action not
based on any of the enumerated subject matters cannot be the proper subject of
declaratory relief. (Riano, Civil Procedure: A Restatement for the Bar, p. 613, 2009
ed.)
1. Ordinary civil action plaintif alleges that his right has been violated by the defendant;
judgment rendered is coercive in character; a writ of execution may be executed against the
defeated party.
2. Special civil action of declaratory relief an impending violation is sufficient to file a
declaratory relief; no execution may be issued; the court merely makes a declaration.
The court can refuse to make a declaration of the rights of petitioner and respondents on a
deed or a contract on the ground that the judgment will not bind the parties not impleaded
in the petition for declaratory relief.
In personam
Declaratory RTC
Similar remedies BP 129
Q: What is an action for quieting title to real property?
A: This action is brought to remove a cloud on title to real property or any interest therein.
The action contemplates a situation where the instrument or a record is apparently valid or
efective but is in truth and in fact invalid, inefective, voidable or unenforceable, and may
be prejudicial to said title to real property. This action is then brought to remove a cloud on
title to real property or any interest therein. It may also be brought as a preventive remedy
to prevent a cloud from being cast upon title to real property or any interest therein
A conventional redemption has also a period for 1 year. When the 1-year period expires, the
buyer of the property cannot deal directly with the RoD.
But if the petitioner/buyer fails to defeat the disputable presumption that the contract is one
of equitable mortgage, he can still obtain a title, but he must file another special civil action.
This time, the buyer must file an action for judicial foreclosure of mortgage.
If the court decides to entertain a petition for declaratory relief, and during the pendency of
the petition, the law took efect or there is a violation committed as to the terms of the
contract, the court shall order the conversion of declaratory relief into an ordinary civil
action. Petitioner will have to amend his complaint, as he will now allege that he has a right
and that right has been violated. The declaratory relief will cease to be a special civil action.
An ordinary civil action takes its place, which is not possible in the actions covered by other
similar remedies.
Rule 64
Rule 64 is a mode of review to the Supreme Court. In accordance with the Constitution use
Rule 65.
CSC CA
in Rule 64 shall be filed within 30 days from notice of the judgment, final order or
resolution of the COMELEC and the COA sought to be reviewed
Petitioner should not move for an extension for a petition under Rule 65. It is
inextensible.
Rule 64 Rule 65
Directed only to the judgments, final orders Directed to any tribunal, board or officers
or resolutions of the COMELEC and COA; exercising judicial or quasi-judicial
functions;
Must be filed within 30 days from notice of Must be filed within 60 days from notice of
judgment or resolution judgment or resolution
If MR is denied, the aggrieved party may file If MR is denied, the aggrieved party will
the petition within the remaining period, but have another 60 days within which to file
which shall not be less than 5 days. the petition counted from the notice of
denial.
Rule 65 Rule 45
Findings of fact of Court of Appeals are not GR: Findings of fact of CA are conclusive
conclusive or binding upon SC
Involves question of jurisdiction Involves question of law
Mode of appeal Mode of review
Directed against an interlocutory order of a Involves the review of the judgment final
court or where there is no appeal or any orders or resolutions of the CA,
other plain, speedy or adequate remedy Sandiganbayan, CTA, RTC or other courts
Filed not later than 60 days from notice of Filed within 15 days from notice of
judgment, order or resolution appealed judgment, final order or resolution appealed
from from
Unless a writ of preliminary injunction or Stays the judgment or order appealed from
temporary restraining order is issued, it
does not stay the challenged proceeding
The judge, court, quasi-judicial agency, The appellant and the appellee are the
tribunal, corporation, board, officer or original parties to the action, and the lower
person shall be public respondents who are court or quasi-judicial agency is not
impleaded in the action impleaded
Motion for reconsideration or for new trial is Motion for reconsideration is not required
required.
If a motion for reconsideration or new trial
is filed, another 60 days shall be given to
the petitioner (A.M. No. 02-03-SC)
Court exercises original jurisdiction The court is in the exercise of its appellate
jurisdiction and power of review.
Filed with the RTC, CA, Sandiganbayan or Filed with the SC
COMELEC
Page 147
Question of fact (also known as a point of fact) is a question which must be answered by
reference to facts and evidence, and inferences arising from those facts.
On the other hand, a question of law is a question which must be answered by applying
relevant legal principles, by an interpretation of the law.
If the accused pleads guilty to a crime, does that negate the existence of
probandum?
Not in all instances. Probandum is still necessary when the case involves a heinous crime.
Proof vs Evidence
It is merely the probative efect of evidence and is the conviction or persuasion of the mind
resulting from a consideration of evidence. On the other hand, Evidence is the medium by
which a fact is proved or disproved.
As to Probative Value:
1. Prima Facie: that which standing alone unexplained, is sufficient to establish the
proposition affirmed.
2. Conclusive: Evidence which is incontrovertible.
3. Corroborative: additional evidence of a diferent kind and character from that already
given
tending to prove the same point.
4. Cumulative: additional evidence of the same kind and character proving the same fact.
As to Quality:
1. Relevant
2. Material
3. Admissible
4. Credible
5. Competent
Page 8 we emphasize