RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE and the mortgagor is a judicial person, the period of redemption is until

the registration of the foreclosure sale or 3 months after the foreclosure

- An accessory contract constituted by the owner of a real property whereby
sale, whichever is earlier.
he allows a lien to be constituted thereon for the purpose of securing in
favor of the creditor the fulfillment of a principal obligation.
WHAT IS THE EXCEPTION OF THE RULE THAT THERE IS NO RIGHT OF REDEMPTION
IN JUDICIAL FORECLOSURE;
FORCLOSURE OF REAL ESTATE MORTGAGE- the proceeding whereby the property
- In case of foreclosure by a bank whether judicial or extrajudicial, the
subject of the real estate mortgage is sold at public auction for the payment of the
mortgagor has one year from the registration of the foreclosure sale within
principal obligation in favor of the mortgage.
to redeem the property.
- It is foreclosure because the purpose of the action is to foreclose or divest
- Also junior mortgagee or junior mortgagee or junior lien holder who was
the rights in the property of the mortgagor and junior lien holders and to
not impleaded in the foreclosure suit has a right of redemption within one
vest the rights in the purchaser.
year from the registration of ten foreclosure sale.
ORDER OF CONFIRMATION be appealed because it is a final order.
Judicial foreclosure of REM- Equity of Redemption
Extrajudicial Foreclosure of REM- Right of Redemption
DEFIECIENCY JUDGEMENT
- Rendered by the court in favor of the plaintiff for the balance if the
WHICH COURT HAS JURISDICTION:
proceeds of the foreclosure sale are not sufficient to pay the judgment
- MTC or RTC depending upon the assessed value of the realty sought to be
award. The plaintiff shall file a motion praying that it render a deficiency
foreclosed. This is because an action for foreclosure of real property is a
judgment. Immediately executor.
real action as it affects the title to or possession of real property or interest
therein.
RULE 69: PARTITION
- is the process whereby the co ownership over real property is terminated
JUDGEMENT ON FORECLOSURE OF REM IS APPEALABLE
by vesting in each of the co owners a specific property or allotment of the
- YES, since it is a judgment it is a judgment which disposes of the merits of
proceeds or value of the property.
the case. NOA / ROA
- What are the two aspects of partition proceedings?
HOW MAY DEFENDANT PREVENT THE AUCTION SALE - A:
- By paying the amount of the mortgage debt stated in the judgment on - 1. Existence of co-ownership; and
foreclosure within a period of not less than 90 days nor more than 120 - 2. Accounting or how to actually partition the property.
days from the entry of judgment. In default, the property shall be sold at
public auction to satisfy the judgment. PARTITION BY AGREEMENT
- the parties may if they are able to agree, make the partition among
EQUITY OF REDEMPTION themselves by proper instruments of conveyance, and the court shall
- The right of defendant to defeat the foreclosure sale and recover or gain confirm the partition agreement.
the property by paying the mortgage debt within the period stated in the
judgment of foreclosure which shall be not less than 90 days nor more PARTITION BY COMMISSIONERS
than 120 days from the date of entry. - If the parties cannot agree on the partition, the court shall appoint not
more than 3 competent and disinterested person as commissioners to
RIGHT OF REDEMPTION make the partition.
- The period of redemption is one year from the registration of the
foreclosure dale. However, in case of extrajudicial foreclosure by a bank RULE 70: FORCIBLE ENTRY AND UNLAWFUL DETAINER
Q: What is forcible entry? The plaintiff must prove that he was in The plaintiff need not have been in prior
A: It is entry effected by force, intimidation, threat, strategy, or stealth; the action is prior physical possession of the premises physic
to recover possession founded upon illegal possession from the beginning. until he was deprived thereof by the
Note: It is commenced by a verified complaint. (Sec. 1) defendant.
Q: What are the requisites of a valid forcible entry?
A: The 1 year period is generally counted Period is counted from the date of last
1. A person is deprived of possession of any land or building by force, intimidation, from the date of actual entry on the demand or last letter of demand.
threat, strategy, or stealth; and land.
2. Action is brought within 1 year from the unlawful deprivation. (Sec. 1)

Q: What are the questions to be resolved in an action for forcible entry?

A:
1. Who has actual possession over the real property; Accion Accion Accion
2. Was the possessor ousted therefrom within one year from the filing of the Interdictal Publiciana Reinvindicatoria
complaint by force, intimidation, strategy, threat or stealth; and
3. Does the plaintiff ask for the restoration of his possession (Dizon v. Concina, G.R. Summary action for the A plenary action for the An action for the recovery
No. 23756, Dec. 27, 1969) recovery of physical recovery of the real right of ownership, which
possession where the of possession when the necessarily includes the
Q: What is unlawful detainer? disposses-sion has not dispossession has lasted recovery of possession.
A: It is unlawful detention by a person who has acquired possession rightfully, but lasted for more than 1 for more than 1 year.
who detains the property after the right to keep possession has ended. year.

All cases of forcible entry RTC has jurisdiction if the RTC has jurisdiction if the
Q: Does the amount of rents and damages prayed for in an action for forcible and unlawful detainer value of the property value of the property
entry and unlawful detainer affect the jurisdiction of the courts? irrespective of the exceeds P20,000 or exceeds P20,000 or
A: No. The amount of rents and damages claimed does not affect jurisdiction of the amount of damages or P50,000 in Metro Manila. P50,000 in Metro Manila.
MTCs because the same are only incidental or accessory to the main action (Lao unpaid rentals sought to MTC has jurisdiction if the MTC has jurisdiction if the
SengHian v. Lopez, G.R. No. L-1950, May 16, 1949). be recovered should be value of the property value of the property does
Note: If only rents or damages are claimed in an ordinary action, the action is brought to the MTC does not exceed the not exceed the above
personal and the amount claimed determines whether it falls within the jurisdiction above amounts. amounts.
of the RTC or the MTC.

Forcible Entry (Detentacion) Unlawful Detainer (Desahucio) Q: When is demand necessary?

Possession of the land by the defendant
is unlawful from the beginning as he
acquires possession by force,
intimidation, strategy, threat or stealth.
Possession is inceptively lawful but it
becomes illegal by reason of the
termination of his right to the
possession of the property under his
contract with the plaintiff.
A: Unless there exists a stipulation to the contrary, an unlawful detainer case shall
be commenced only after the demand to pay or comply with the conditions of the
lease and to vacate is made upon the lessee (Sec. 2). The requirement for a demand
implies that the mere failure of the occupant to pay rentals or his failure to comply
with the conditions of the lease does not ipso facto render his possession of the
premises unlawful. It is the failure to comply with the demand that vests upon the
lessor a cause of action.

No previous demand for the defendant Demand is jurisdictional if the ground is

to vacate the premises is necessary non-payment of rentals or failure to HOW TO STAY THE IMMEDIATE EXECUTION OF JUDGMENT
comply with the lease contract. Q: How is the execution of judgment stayed?
A: Defendant must take the following steps to stay the execution of the judgment: Direct Contempt Indirect Contempt
1. Perfect an appeal; Committed in the presence of or so near Not committed in the presence of
2. File a supersedeas bond to pay for the rents, damages and costs accruing down a court. the court.
to the time of the judgment appealed from; and Summary in nature Punished after being charged and
3. Deposit periodically with the RTC, during the pendency of the appeal, the heard
adjudged amount of rent due under the contract or if there be no contract, the
reasonable value of the use and occupation of the premises (Sec. 19, Rule 70). If committed against: IF COMMITTED AGAINST:
1. RTC – fine not exceeding P2,000 or 1. RTC – FINE NOT EXCEEDING
imprisonment not exceeding 10 days or P30,000 OR IMPRISONMENT NOT
In what instances may the court resolve issue of ownership? both. EXCEEDING 6 MONTHS OR BOTH
A: When the defendant raises the issue of ownership, the court may resolve the 2. MTC – fine not exceeding P200 or 2. MTC – fine not exceeding
issue of ownership only under the following conditions: imprisonment not exceeding 1 day, or P5,000 or imprisonment not
(a) When the issue of possession cannot be resolved without resolving the issue of both. exceeding 1 month or both
ownership; and
(b) The issue of ownership shall be resolved only to determine the issue of Remedy:Certiorari or prohibition Remedy: Appeal (by notice of
possession (Sec. 16). appeal)
Note: The assertion by the defendant of ownership over the disputed property does Contempt in facie curiae Constructive contempt
not serve to divest the inferior court of its jurisdiction. The defendant cannot
deprive the court of jurisdiction by merely claiming ownership of the property
involved (Rural Bank of Sta. Ignacia vs. Dimatulac, 401 SCRA 742; Perez vs. Cruz, 404
SCRA 487).If the defendant raises the question of ownership and the issue of What are the grounds of contempt?
possession cannot be resolved without deciding the question of ownership, the A:
issue of ownership shall be resolved only to determine the issue of possession (Sec. 1. Direct contempt
3, RA 7691). a. Misbehavior in the presence of or so near a court as to obstruct or interrupt the
proceedings
RULE 71: CONTEMPT b. Disrespect towards the court
c. Offensive personalities toward others; or
What is contempt? d. Refusal to be sworn or to answer as a witness, or to subscribe an affidavit or
A: It is a defiance of the authority, justice or dignity of the court; such conduct as deposition when lawfully required to do so (Sec. 1)
tends to bring the authority and administration of the law into disrespect or to 2. Indirect contempt
interfere with, or prejudice litigant or their witnesses during litigation (Halili v. CIR, a. Misbehavior of an officer of a court in the performance of his official duties or in
G.R. No. L-24864, Nov. 19, 1985) his official transactions;
 Note: It is commenced by a verified petition with supporting particulars b. Abuse or any unlawful interference with the proceedings not constituting direct
and certified true copies of documents or papers involved therein (Sec. 4). contempt.
c. Disobedience of or resistance to a lawful writ, process, order, or judgment of a
court or unauthorized intrusion to any real property after being ejected.
d. Failure to obey a subpoena duly served.
e. Assuming to be an attorney or an officer of the court without authority.
f. Rescue or attempted rescue, of a person or property in the custody of an officer.
g. Any improper conduct tending to degrade the administration of justice (Sec. 3)