Rule 40: APPEAL FROM MTC TO RTC
RULE ON APPEAL:
WHERE TO APPEAL- an appeal from a judgment or final order of MTC may be taken
to the RTC
WHEN TO APPEAL- 15 days after notice to the appellant of the judgment or final
order appealed from
-Where a record on appeal is required, the appeal is taken
within 30 days after notice of the judgment or final order.
MR/MNT- the period to appeal shall be interrupted by a timely MR or MNT
- If denied, the movant has a fresh period of 15 days to file the
notice of appeal, counted from receipt of the order denying the MR or MRT.
HOW TO APPEAL- by filing a NOA with the court that rendered the judgment or final
order appealed from. Where a record on appeal is required, the appeal is taken
within 30 days after notice of the judgment or final order.
APPELLATE COURT DOCKET- The appellant shall pay to the clerk of court which
rendered the judgment or final order appealed from the full amount of the
appellate court docket and other lawful fees.
PROCEDURE IN THE RTC
a. upon receipt of record the clerk of court of RTC shall notify the parties of such
fact.
b. within 15 days from such notice, the appellant shall submit a memorandum
which shall discus the errors imputed to the lower court. 15 days from receipt of
memorandum, the appellee may file his memorandum.
- Failure to file by appellant shall be a ground for dismissal of the appeal.
c. upon filing the memorandum or expirations to do so, the case shall be submitted
for decision.
APPEAL FROM ORDERS DISMISSING CASE WITHOUT TRIAL; LACK OF JURISDICTION
1. If taken from lower court dismissing the case without trial- RTC may affirm or
reverse it.
If affirm- the RTC if has JD shall try the case on the merits as if the case was
originally filed with it.
If reverse- the case shall be remanded for further proceedings.
2. If taken by lower court with trial on merits but lack of JD on the subject matter-
the RTC on appeal shall not dismiss the case if it has original JD, but shall decide the
case without prejudice to the admission of amended pleadings a additional
evidence in the interest of justice.
3. Petition for review from RTC to CA, since the RTC tried the case in its original JD.
1. The provision allowing direct appeal to the SC on pure questions on law applies
only to a judgment of the RTC, not that of the MTC.
2. The provision allowing direct appeal to the SC on pure questions on law not
applies to a judgment of conviction in a criminal case.
3. MTC in delegated JD in Cadastral and Land Registration cases shall be appealable
in the same manner as decisions of RTC.
RULE 41: APPEAL FROM REGIONAL TRIAL COURT
WHAT JUDGMENT OR ORDERS BE APPEALED
An appeal may be taken from a judgment or final order that completely
disposes of the case or of a particular matter therein when declared by the rules of
court to be appealable.
JUDGMENTS OR ORDERS MAY NOT BE APPEALED
a. order denying a petition for relief
b. interlocutory order
c. order disallowing or dismissing an appeal
d. order denying a MSA a judgment
e. order of execution
f. a judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third party complaints, while the
main case is pending, unless the court allows an appeal therefrom. REMEDY;
Petition for certiorari under RULE 65
g. an order dismissing an action without prejudice.
h. judgment on direct contempt
i. compromise agreement
j. judgment on summary judicial proceedings in family law
k. small claims cases.
NOTE: if the appellate court finds a justifiable ground and meritorious case, it will
reverse the denial or dismissal and allow the appeal from the decision of the main
case.
Final order- completely disposes of the subject matter in its entirety or terminates a
particular proceeding or action, leaving nothing else to be done but to enforce by
execution what has been determined by the court, while Interlocutory order is not
completely disposes of the subject matter and not appealable.
MODES OF APPEAL:
A. Ordinary appeal- an appeal to the CA in cases decided by the RTC in the exercise
of its original JD, shall be taken by NOA with the RTC.
Periods of Ordinary Appeal
a. an appeal shall be taken within 15 days from notice of the judgment or
final order appealed from
b. ROA the appellant shall file a NOA and a ROA within 30 days from notice
of the judgment or final order. Eg. Action for partition
c.HABEAS COURPUS- an appeal shall be taken 48 hours from notice of the
judgment or final order appealed from.
d. WRIT OF AMPARO and HABEAS CORPUS shall be 5 working days from
notice of the adverse judgment or final order.
B. Petition for Review- appeal to the CA in cases decided by the RTC in the exercise
of its appellate JD shall be verified petition for review.
C. Appeal by certiorari- (Petition for review under Rule 45) in all cases where
questions of law are raised or involved, the appeal shall be to the SC by verified
petition for review under Rule 45
APPEAL AS A MATTER OF RIGHT- ordinary appeal, appellate court should review the
cases and this duty shall be compellable by mandamus.
APPEAL NOT AS A MATTER OF RIGHT- in cases from a several or separate judgment
while the main case is pending, the appeal must be made with leave of court.
FRESH PERIOD – 15 day period from denial of MR/ MNT
- Rule 41 Appeal from RTC
- Rule 40 Appeal from MTC to RTC
- Rule 42 Petition for review from RTC to CA
- Rule 43 Appeal from Quasi-judicial bodies to CA
- Rule 45 Petition for review from CA
Record on Appeal- in cases of special proceedings and multiple and separate
appeals
- Filed with Trial court for approval
PARTY’S APPEAL DEEMED PERFECTED:
1. by notice of appeal is deemed perfected as to him upon the filing of the
notice of appeal in due time.
2. by record on appeal is deemed perfected as to him with respect to the
subject matter thereof upon the approval of the record on appeal filed in due time
3. under Rule 42 petition for review from RTC to CA, upon timely filing of
the petition for review and the payment of the corresponding docket fees and other
lawful fees.
RESIDUAL JD- the power of the trial court after is has lost JD but prior to the
transmittal of the original record or on ROA.
- Issue orders for the protections and preservation of the parties rights
which do not involve any matter litigated by the appeal.
RULE 42: PETITION FOR REVIEW FROM THE RTC TO CA
HOW TO APPEAL- a party desiring to appeal from a decision of the RTC rendered in
the exercise of its appellate JD may file a verified petition for review with CA.
WHEN TO APPEAL- the petition should be filed and served within 15 days from
notice of the decision or of the denial of petitioners MR/ MNT.
- Upon proper motion and payment of docket fees and other lawful fees,
the CA may grant an additional 15 days within which to file a Petition for
Review. No further extension shall be granted except for the most
compelling reasons.
Civil Action for Mandamus- if the dismissal was erroneous or improper and
because an order dismissing an appeal may not be appealed. 60 days from notice of
order denying MR.
- If the dismissal was however properly made but the party challenges the
court’s exercise of its discretion in dismissing the appeal, Rule 45 would be the
appropriate remedy.
NOTE: Judges or Lower courts cannot be impleaded as petitioners or respondents in
the petition.
The CA may require the respondent to file a comment on the petition, not
MOTION TO DISMISS, or the CA may dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration.
RULE 43: APPEALS FROM QUASI- JUDICIAL AGENCIES TO THE CA
SCOPE: The rule shall apply to appeals from judgments or final orders of the CTA
from awards, judgments, final orders or resolutions of or authorized by any quasi-
judicial agencies.
CSC, SEC, LRA, SSC, office of the President, CAB, NEA, ERB, NTC, DAR, GSIS, ECC, AIB,
IC, PAEC, BOI, CIAC, Voluntary arbitrators, national Commission on Indigenous
People.

NOTES: a MR/MNT filed with the CTA division is thus a condition precedent for filing
a petition for review with the CTA en banc. A party adversely affected by a decision
or ruling of the CTA en banc may file with the SC a verified petition for review on
Certiorari under Rule 45.
NOTE: The SC stated that a decision or award of a voluntary arbitrator, even if it
involves labor law matters, should be appealed to the CA under Rule 43 by filing a
verified Petition for Review.
NOTE: An office of the Prosecutor is not a quasi judicial body, hence not appealable
to the CA under Rule 43.
NOTE: Judgment and final orders or resolutions of the NLRC are now reviewable by
the CA on Certiorari under Rule 65, but those of the Employees Compensation
Commission should be brought to the CA through petition for Review under Rule
43.
WHAT TO APPEAL- appeal may involve questions of fact, of law, or mixed questions
of fact and law.
WHEN TO APPEAL- the appeal shall be taken within 15 days from notice of the
award, judgment, final order, or resolution, or from the date of its effectivity, or of
the denial of petitioners MR/MNT.
- The CA may grant an additional 5 days only within which to file petition for
review. No further extension shall be allowed except for the most
compelling reasons.
NOTE: The CA may require the respondent to file a comment on the petition, not a
MOTION TO DISMISS, or the CA may dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the questions
raised therein are too unsubstantial to require consideration.
EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS: Sufficient ground for
dismissal.
EFFECT OF APPEAL- the appeal shall not stay (suspend) the award, judgment, final
order, or resolution sought to be reviewed unless the CA shall direct otherwise as it
may deem just.
RULE 44: ORDINARY APPEALED CASES
- Those appealed to the CA from a decision of the RTC in the exercise of its
original JD.
Appellant- party appealing the case
Appellee- adverse party
Plaintiff- appellant- plaintiff appeals
Defendant appellee- defendant appeals
Plaintiff appellant/ defendant appellant- both appeal
Cross claim- both parties have appealed.
PAPERS TO BE FILED BY THE PATRTIES:
a. Appellant’s Brief- to be filed by the appellant within 45 days from receipt of the
notice of the clerk that all evidence, oral and documentary, are attached to the
record.
b. Appellee’s Brief- to be filed by the appelee within 45 days from receipt of the
appellant’s brief.
c. Reply Brief- Within 20 days from receipt of the appellee’s brief, the appellant may
file a reply brief answering points in the appellee’s brief not covered in his main
brief.
d. Memorandum- in certiorari, prohibition, mandamus, quo warranto and habeas
corpus cases, the parties shall file their respective memorandum within a non
extendible period of 30 days from receipt of the notice issued by the clerk.
NOTE: An appeal may be withdrawn as a matter of right at any time before filing of
the appellee’s brief. Thereafter, withdraw may be allowed in the courts discretion.
NOTE: the CA has the power to try cases and conduct hearings, receive evidence,
and perform acts necessary to resolve factual issues in cases falling within its
original and appellate JD, including power to grant and conduct new trials or further
proceedings.
This power is of course subject to the rule that factual or legal issues not
raised to the rule that factual or legal issues not raised in the lower court may not
be raised on appeal.
RULE 45: APPEAL BY CERTIORARI TO THE SUPREME COURT
PETITION FOR REVIEW ON CERTIORARI – a mode of appeal to the SC from a
judgment or final order of the CA, SB, RTC, CTA enbanc, and CTA, SB, RTC in a writ
of amparo or writ of habeas data case.
NOTE: An appeal to the SC may be taken only by a petition for review on certiorari
except in criminal cases where the penalty imposed is reclusion perpetua or life
imprisonment. A judgment imposing the death penalty is subject to automatic
review by the SC. OUTRIGHT DISMISSAL OR DENIAL OF PETITION: failure to comply with requirements
regarding payment of docket fees and other lawful fees. Petition should be verified.
GENERAL RULE: the petition shall raise only purely questions of law.
- Questions of law exists when there is a doubt or conversely as to what the NOTE: the SC may on its own initiative deny the petition on the ground that the
law is on a certain state of facts, and there is a question of fact when the appeal is without merit, or is prosecuted manifestly for delay, or that questions
doubt or difference arises as to the truth or falsehood of facts. raised are too unsubstantial to require considerations. This is because review is not
a matter of right but of judicial discretion, granted only when there are special an
NOTE: As a rule the findings of fact of the CA are final and conclusive and cannot be important reasons.
reviewed on appeal to the SC provided they are born out of record or are based on
substantial evidence. PETITION FOR REVIEW ON CERTIORARI SPECIAL CIVIL ACTION FOR CERTIORARI
(RULE 45) ( RULE 65)
EXCEPTIONS: Petition may raise questions of facts Mode on appeal Original action
- Questions of facts exists when the doubt or difference arises as to the Exclusive appellate JD of SC Concurrent original JD of SC, CA, SB,
truth or falsehood of alleged facts, or when the query necessarily invites RTC, COMELEC
calibration of the whole evidence considering mainly the credibility of Does not require MR with the lower MR is a Condition precedent
witnesses, existence and relevancy of specific surrounding circumstances, court
their relation to each other and to the whole and the probabilities of the Should be filed 15 days from notice of Should be filed 60 days from notice of
situation. judgment or final order appealed from notice, order or resolution
Finding of facts of CA are binding upon Finding of facts of CA are not binding
NOTE: Exceptions when question of facts may be raised. When findings of facts of the CA upon the CA
CA may be reviewed by SC on appeal by certiorari; Lower court or judges are not Lower court or judges are impleaded
a. conclusion is grounded entirely on speculations, surmises, or conjectures impleaded either as petitioners or either as petitioners or respondents.
b. inference is manifestly mistaken, absurd or impossible respondents.
c. there is a grave abuse of discretion (RULE 45) ( RULE 65)
d. judgment is bases on a misapprehension of facts
e. finding of facts are conflicting RULE 46: ORIGINAL CASES
f. the CA in making its findings went beyond the issues of the case and the same is -apply to original actions for certiorari, prohibitions or mandamus and quo warranto
contrary to the admissions of both appeallant and appellee.
g. finding are both contrary to those of the trial court. JURISDICTION OVER PERSON OF THE RESPONDENT, HOW ACQUIRED
h. mere conclusions without citation of specific evidence, or where facts set forth - By service on him of its order or resolution indicating its initial action on
by the petitioner are not disputed by the respondent the petition or by his voluntary submission to such JD.
i. findings of facts by CA are premised on absence of evidence but are contradicted
by evidence of record. DETERMINATION OF FACTUAL ISSUES
j. CA manifestly overlooked certain relevant facts not disputed by the parties and - Whenever necessary, the CA may conduct hearings or delegate the
which would justify a different conclusions. reception of evidence on such issues to any of its members only.

TIME FOR FILING: within 15 days from notice of the judgment or final order or
resolution appealed from, or of the denial of the petitioners MR/ MNT. The SC may
grant for justifiable reason an extension of 30 days only within which to file
petition. Shall be computed from the expiration of original period regardless if they
fall on a Saturday, Sunday or holidays. Date of filing is the reckoning period.
RULE 47: ANNULMENT OF JUDGMENTS, FINAL ORDER OR RESOLUTION
- Annulment by the CA of judgments, final orders and resolutions in civil
actions of RTC for which the ordinary remedies of new trial, appeal,
 petition for relief or other appropriate remedies are no longer available
through no fault of the petitioner.
NOTE: RTC- original exclusive JD lies with the CA
MTC- original exclusive JD lies with the RTC
GROUNDS FOR ANNULMENT: extrinsic fraud and lack of jurisdiction
a. extrinsic fraud- the action must be filed within 4 years from its discovery
b. lack of jurisdiction- imprescriptible and may be filed at any time unless it is
barred by laches and estoppels
- the action must be filed by a verified petition and accompanied by certification
against form shopping
OUTRIGHT DISMISSAL: when the CA finds no substantial merit in the petition. This
does not apply to annulment of judgment and final orders of the MTC, hence RTC
cannot dismiss outright it finds no substantial merit in the action.
PRIMA FACIE MERIT IN THE PETITION: the court shall give die course to the petition
and summons shall be served on the respondents.
EFFECT OF A JUDGMENT OF ANNULMENT: shall set aside the questioned judgment
and final order or resolution and render the same null and void.
ANNULMENT OF JUDGEMENTS OR FINAL ORDERS OF MTC: shall be filed in the RTC
having JD over the former. Treated as an ordinary action.
RULE 48: PRELIMINARY CONFERENCE
BINDING EFFECT OF THE RESULTS OF THE CONFERENCE
-In the CA, this procedural device may be availed of not only in original
actions but also in cases on appeal wherein a new trial was granted on the ground
of newly discovered evidence. The CA can act as a trier of facts, hence the
preliminary conference authorized is a convenient adjunct to such power and
function.
RULE 49: ORAL ARGUMENT
NO HEARING OR ORAL ARGUMENT FOR MOTIONS
-Motions in the SC and the CA do not contain notices of hearing as no oral
arguments will be heard in support thereof; and if the appellate court desires to
hold a hearing thereon, it will itself set the date with notice to the parties.
RULE 50: DISMISSAL OF APPEAL
GROUNDS FOR DISMISSAL OF APPEAL
With the exception of Section 1 (b) dismissal of an appeal is directory and not
mandatory.
Other grounds for the dismissal of an appeal are:
1. by agreement of the parties, as where the case was amicably settled by
them.
2. where the appealed case has become moot or academic.
3. where the appeal is frivolous or dilatory.
DISMISSAL OF IMPROPER APPEAL TO THE COURT OF APPEALS
-No transfer of appeals, erroneously taken to it or to the Court of Appeals,
whichever of these tribunals has appropriate appellate jurisdiction, will be allowed.
Also, elevating such appeal by the wrong mode of appeal shall be a ground for
dismissal.
- A resolution of the Court of Appeals dismissing the appeal and remanding
the case to the trial court for further proceedings is merely interlocutory, hence a
motion for its reconsideration filed year later may be entertained and granted
WITHDRAWAL OF APPEAL
-Court of Appeals may dismiss the appeal outright even without motion.
The remedy if dismissed for improper appeal is to refile it in the proper forum but
has to be within the prescribed period.
RULE 51: JUDGMENT
LAW OF THE CASE – the opinion delivered on a former appeal. It means that
whatever is once irrevocably established, as the controlling legal rule or decision
between the same parties in the same case, continues to be the law of the case,
whether correct on general principles or not, so long as the facts on which such
decision was predicated continue to be the facts before the court.
HARMLESS ERROR - The court, at every stage of the proceeding, must disregard any
error or defect which does not affect the substantial rights of the parties such as
error in admission or exclusion of evidence or error or defect in the ruling or order.
QUESTIONS THAT MAY BE DECIDED
-Only errors claimed and assigned by a party will be considered by the
court, except errors affecting its jurisdiction over the subject matter. To this
exception has now been added errors affecting the validity of the judgment
appealed from or the proceedings therein. Even if the error complained of by a
party is not expressly stated in his assignment of errors but the same is closely
related to or dependent on an assigned error and properly argued in his brief such
error may now be considered by the court.
ERRORS MAY BE PASSED ON APPEAL
a. those assigned errors or closely related to or dependent on an assigned error.
b. those which affect subject matter JD or the validity of the judgment
c. plain and clerical errors.
RULE 52: MOTION FOR RECONSIDERATION
-The rules now prohibit a second motion for reconsideration.
Sec. 3 provides a time limit of 90 days for the resolution of a motion for
reconsideration filed with the Court of Appeals from the date the same was
submitted for resolution, which is normally the filing of the last pleading required
by the rules of court or the expiration of such period.
-Rules now requires the service of the motion to the adverse party
RULE 53: NEW TRIAL
-Filing of a motion for new trial is at any time after the perfection of the
appeal from the decision of the lower court and before the Court of Appeals loses
jurisdiction over the case
-The ground is newly discovered evidence which could not have been
discovered prior to the trial in the court below by the exercise of due diligence and
of such character as would probably alter the result.
RULE 56: PROCEDURE IN THE SUPREME COURT
A. ORIGINAL CASES
Rule specifically states what cases may be originally filed with the Supreme Court
1. petition for certiorari, prohibition, mandamus, quo warranto, habeas
corpus;
2. disciplinary proceedings against members of the judiciary and attorneys
3. cases affecting ambassadors, other public ministers and consuls
B. APPEALED CASES Mode of Appeal
In criminal cases where the penalty imposed is death or reclusion perpetua, an
appeal made to the Supreme Court is through a notice of appeal filed with the RTC
in all other cases, an appeal made to the supreme court is through a petition for
review on certiorari.
PROVISIONAL REMEDIES
Also known as ancillary or auxiliary remedies, are writs and processes available
during the pendency of the action which may be resorted to by a litigant to
preserve and protect certain rights and interests therein pending rendition, and for
purposes of the ultimate effects, of a final judgment in the case.
The following are the provisional remedies provided for in the Rules of Court
1. Preliminary Attachment (Rule 57)
2. Preliminary Injunction (Rule 58)
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support Pendente Lite (Rule 61)
PD 1818 prohibits the issuance of injunctive writs not only against government
entities but also against any person or entity involved in the execution,
implementation, and operation of government infrastructure projects.
RULE 57: PRELIMINARY ATTACHMENT
-The proper party may have the property of the adverse party attached at
the commencement of the action or at any time before entry of judgment.
WHEN ISSUED
1. In actions for recovery of a specified sum of money or damages, except
moral and exemplary, on a cause of action arising from law, contract, quasi-
contract, delict or quasi-delict against a party about to depart from the Phils. with
intent to defraud his creditors;
2. In actions for recovery of money or property embezzled or fraudulently
converted to his own use by a public officer, or an officer of a corp., or an attorney,
factor, broker, agent or clerk, in the course of his employment as such, or by any
person in a fiduciary capacity;
3. In actions to recover property unjustly taken or concealed, when the
property or any of its part, has been concealed or disposed of to prevent its being
found by the applicant or any authorized person;
4. In actions against a person guilty of fraud in incurring or performing an
obligation upon which the action is based;
5. In actions against a party who has removed or disposed of his property, or
is about to do so, with intent to defraud his creditors;
6. In actions against non-residents not found in the Phils., or on whom
summons is served by publication.

Note: Insolvency of defendant is not a ground for attachment especially when
defendant has not been shown to have committed any act intended to defraud its
creditors
KINDS OF ATTACHMENT:
a. Preliminary Attachment- a plaintiff or any proper may have the property of the
adverse party taken into the custody of the court as security for the satisfaction of
any judgment that may be recovered.
- may be applied for at the commencement of the action or at any time before
entry of judgment. After entry of judgment, a motion for execution is the proper
remedy for the prevailing party.
b. Garnishment – the process in which money or goods in the hands of a third
person which are due to the defendant, are attached by the plaintiff.
- . It simply impounds the property in the garnishee’s possession and maintains the
status quo until the main action is finally decided. Garnishment proceedings are
usually directed against personal property, tangible or intangible and whether
capable of manual delivery or not.
c. Levy on execution or final attachment- that attachment issued to enforce a
judgment which has become final and executor.
ISSUE EXPARTE: An order of attachment may be issued either ex parte or upon
motion with notice and hearing by the court in which the action is pending.
STAGES OF PRELIMINARY ATTACHMENT:
1. Filed the issuance of writ of preliminary attachment at the commencement of
action or any time before entry of judgment (Sec. 1, Rule 57)
2. Application by any party and affidavit showing: (Sec. 3, Rule 57)
a. Sufficient cause of action
b. Based on grounds mentioned in Section 1
c. No other sufficient security
d. Amount due to applicant or value of property he is entitled to recover
3. Filing of a bond (Sec. 4, Rule 57): ( Applicants bond or Attachment bond)
a. Executed in favor of an adverse party in an amount fixed by court
b. To answer for all costs and damages
4. Order of attachment, requiring the sheriff to attach the properties of the adverse
party as maybe sufficient to satisfy the applicants demand.
5. The writ of attachment is enforced by the sheriff.
6. The sheriff must make a return to the court from which the writ issued.
NOTE: The fact that the writ of preliminary attachment was served ahead of the
summons did not affect the jurisdiction of the court over his person. It makes the
writ unenforceable; however, all that is required is to re-serve the writ. The
subsequent service of summons does not confer a retroactive acquisition of
jurisdiction over her person because the law does not allow for retroactivity of a
belated service.
RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF SUMMONS
- No levy on attachment shall be enforced unless it is preceded by or
simultaneously accompanied by service of summons, copy of complaint,
application and affidavits for the attachment and the bond upon the adverse party.
-Jurisdiction must first be acquired through valid service of summons first
before a preliminary attachment may be enforced.
CASES IN WHICH CONTEMPORANEOUS SERVICE IS NOT REQUIRED
a. the summons could not be served despite diligent efforts;
b. the defendant is a resident of the Philippines temporarily absent therefrom;
c. the defendant is a non-resident of the Philippines; or
d. The action is in rem or quasi in rem.
NOTE: Subsequent service of summons will not cure the irregularity that attended
the enforcement of the writ.
PROPERTY BE ATTACHED
1. Real property, growing crops or interest therein
a. File a copy of the Order of Attachment with the proper Registry of Deeds
and Occupant or his agent within the province
b. Description of the property
c. Notice of attachment
2. Personal property capable of manual delivery – sheriff taking into custody and
safely keeping it, he wll issue a receipt;
3. Stocks, shares or interest – Leaving copy of the writ and notice of attachment
with President or Managing Agent
4. Debts and credits, bank deposits, financial interests, royalties, commission and
other personal property not capable of manual delivery - Leaving copy of the writ
and notice of attachment with person owing or having custody over the property
5. Interest in the estate of a decedent – Leaving copy of writ and notice of
attachment with:
a. Executor or administrator of estate
b. Clerk of Court where estate is being settled c. Heir, devisee, or legatee;
6. Property in custodia legis – writ to the court or agency and notice to custodian.
NOTE: It is well settled that a verified statement incorporated in the complaint
alleging the matters even without a separate affidavit is sufficient and valid to
obtain a preliminary attachment. Verification itself is an affidavit.
NOTE: Generally, mortgagee cannot file an attachment on mortgage debt except (1)
when the mortgagee abandons his security and brings an ordinary action for
recovery of the debt, (2) when mortgagee shows an affidavit that the proceeds
from the sale of of the property mortgaged would not be sufficient to pay the
mortgage debt.
COUNTERBOND
-are replacements of the property formerly attached, and just as the latter,
may be levied upon after final judgment.
NOTE: the defendant may recover damages even the judgment was in favor of the
plaintiff, if the attachment was improper, irregular or excessive.
RULE 58: PRELIMINARY INJUNCTION

REMEDIES AVAILABLE IF PROPERTY IS BEING CLAIMED BY A THIRD PERSON Preliminary Injunction – an order granted at any stage of an action or proceeding
1. File a Third Party Complaint or terceria prior to the judgment requiring a party or a court, agency or a person to refrain
2. File a Motion for Intervention from a particular act or acts.
3. File an independent action to recover property
PRELIMINARY MANDATORY Injunction – an order granted at any stage of an action
REMEDIES OF DEFENDANT: or proceeding prior to the judgment requiring the performance of a particular act or
a. Discharge of attachment- if the attachment is improperly or irregularly enforced; acts.
bond is insufficient; attachment is excessive.
b. Motion to lift attachment- if attachment is done prior to service of summons to Preliminary Injunction (ancillary action) Final Injunction (Injunction as main
the defendant. Subsequent service of summons will not cure the irregularity that action)
attended the enforcement of the writ. Order granted at any stage of the action Issued after final judgment of the case
c. Prevent the enforcement of the writ of attachment- make a cash bond or or proceeding prior to the judgment or permanently restraining the defendant
counterbond in an amount equal to that fixed in the order of attachment, which final order, requiring a party or a court, or making the preliminary injunction
may be the mount sufficient to satisfy the applicant’s demand or the value of the agency, or a person to refrain from or to permanent (Sec. 9, Rule 58)
property to be attached. perform particular act or acts (Sec. 1,
Rule 58)
NOTE: An attachment may not be dissolved by showing of its irregular or improper GR: Bond is required No bond is required
issuance if it is upon a ground which at the same time the applicant’s cause of XPN: Exempted by court (Sec. 4, Rule
action in the main case since anomalous situation would result if the issues of the 58)
main case would be ventilated and resolved in a mere hearing of a motion.
* **ISSUE NOT ENFORCED*** INSTANCES WHEN THE LAW BARS THE ISSUANCE OF PRELIMINARY INJUNCTION OR
TRO
MAY AN EX PARTE DISCHARGE OF ATTACHMENT BE ALLOWED 1. Collection of taxes
-No. A discharge of attachment must be made only after hearing. 2. Labor taxes
MAY PROPERTY IN CUSTODIA LEGIS BE ATTACHED 3. Government infrastructure projects
- Yes, a copy of writ shall be filed with the proper court or quasi- judicial 4.Asset privatization trust
agency and notice of attachment shall be served upon the custodian of the 5. Agrarian reform
property. 6. Foreclosure by government financial institution
7. Conservatorship, receivership, and liquidation proceedings under the new central
NOTE: An ex parte issuance of the writ is intended to preempt any possible bank act.
disposition of property by the adverse property to the detriment of the attaching
creditor and thus defeat the very purpose of attachment
WHO MAY GRANT PRELIMINARY INJUNCTION NOTE: If application is denied or not resolved within said period, the TRO is deemed
- May be granted by the court where the action or proceeding is pending. If automatically vacated.
the action is pending in the CA or SC, it may be issued by said court or any
member thereof. NOTE: Effectivity of TRO is not extendible. There is no need of a judicial declaration
- Sc, CA, TC, SB, CTA to that effect.
NOTE: A writ of injunction issued by the T+RTC may be enforced only within the -A TRO issued by the CA or any of its members is effective for 60 days from
judicial region to which the RTC belongs. service on the party sought to be enjoined.
- A TRO issued by the SC or a member thereof is effective until further
WHAT ARE THE GROUNDS FOR THE ISSUANCE OF A PRELIMINARY INJUNCTION? orders.
1. Clear legal right of the applicant
2. The commission, continuance or non-performance of the act or acts complained GROUNDS FOR OBJECTION
of will cause injustice to the applicant 1. insufficiency;
3. Person against whom injunction is sought is doing, threatening, attempting, 2. if injunction would cause irreparable damage to the person enjoined while
procuring or suffering to do some act or acts in violation of applicant’s rights the applicant can be fully compensated for such damages, PROVIDED the former
tending to render the judgment ineffectual. files a BOND.

PURPOSE: The SC has held that the purpose of preliminary injunction is to maintain RULE 59: RECEIVERSHIP
the status quo or the last actual peaceable uncontested status. - Receivership is a provisional remedy wherein the court appoints a
representative to preserve, administer, dispose of and prevent the loss or
TRO ISSUED BY EXECUTIVE JUDGE TRO ISSUED BY ORDINARY JUDGE dissipation of the real or personal property during the pendency of an
Good for 72 hours Good for 20 days action.
Issued before raffling Issued after raffling - It may be the principal action itself or a mere provisional remedy; it can be
Issued ex parte Issued after summary hearing availed of even after the judgment has become final and executory as it
may be applied for to aid execution or carry judgment into effect.
PRELIMINARY INJUNCTION NOT GRANTED WITHOUT NOTICE
- There must be prior notice and hearing before PI be granted
Except; WHEN MAY BE GRANTED
a. If great or irreparable injury would result to the applicant, the court may issue ex 1. applicant has an interest in the property or fund subject of the
parte a temporary restraining order, effective only for 20 days from service on the proceeding and such property is in danger of being lost or materially injured unless
party sought to be enjoined. a receiver is appointed;
2.in foreclosure of mortgage, when the property is in danger of being
b. If the matter is of extreme urgency and the applicant will suffer grave injustice wasted or dissipated and that its value is probably insufficient to discharge the
and irreparable injury, - the judge may issue a TRO effective only for 72 hours from mortgage debt or that it has been agreed upon by the parties;
issuance. 3.after judgment, to preserve the property during the pendency of an
- Its effectivity may be extended after conducting a summary hearing w/in the 72- appeal or to dispose of it accdg. to the judgment or to aid execution;
hrs period until the application for preliminary injunction can be heard. 4.when appointment of receiver is the most convenient and feasible
means of preserving, administering or disposing of the property in litigation.
The total period of effectivity of the TRO shall not exceed 20 days,
including the 72 hours. NOTE: the property must be under the litigation
PURPOSE: To preserve the property involved in the suit and to protect rights of the
parties under the direction of the court.
WHAT IS THE 2-BOND REQUIREMENT IN RECEIVERSHIP?
1. Bond posted by the applicant- APPLICANTS BOND (Sec. 2, Rule 59)
2. Bond posted by receiver appointed- RECEIVERS BOND(Sec. 4, Rule 59)
A receiver is not a representative party but a party in interest.
NOTE: this provisional remedy may be resorted to eve during the pendency of
appeal or after the judgment has become final and executor.
LIABILITY OF REFUSAL OR NEGLECT TO DELIVER PROPERTY- A person who refuses or
neglects to deliver property within his control and which is the subject of the action
to the receiver may be punished for contempt and liable to the receiver for the
money or the value of the property PLUS damages.
The receiver shall also file a bond before entering upon his duties separate from the
bond filed by the applicant.
RULE 60: REPLEVIN
- A party praying for the recovery of possession of personal property may at
the commencement of the action or at any time before answer, apply for
an order for the delivery of such property to him
- Double the value of the property
The applicant must show by his own affidavit or that of some other person who
personally knows the facts;
a. that the applicant is the owner of the property
b. that the property is wrongfully detained by the adverse party
c. property has not been distrained or taken for a tax assessment or a fine pursuant
to law
d. the actual market value.
Q: WHAT IS REDELIVERY BOND?
A: Bond, which must be double the value of property, to answer for the return of
property if adjudged and pay for such sum as he may recover from the applicant
(Sec. 2).
Q: WHEN IS IT REQUIRED?
A: It is required that the redelivery bond be filed within the period of 5 days after
the taking of the property. The rule is mandatory (Yang vs. Valdez, 177 SCRA 141).
DISPOSITION OF PROPERTY BY SHERIFF:
The sheriff shall retain the property for 5 days. Within such period, the
adverse party may object to the sufficiency of the applicant’s bond or surety or he
may file a counter-bond.
After 5 days and the adverse party failed to object or his counter-bond is
insufficient, the sheriff shall deliver the property to the applicant.
RULE 61; SUPPORT PENDENTE LITE
- An amount of support fixed by the court in favor of the person entitled
thereto during the pendency of action for support.
NOTE: The judgment on action for support is immediately executor. It is an
interlocutory order hence may not be appealed.
WHERE: it is exclusively file in Family Court
EXCEPT: in criminal action, where the right for support arises by reason of
crime.hence, RTC/MTC
WHEN MAY BE APPLIED FOR: at the commencement of the action or at any time
before judgment or final order.
Failure to comply with an order granting support pendente lite may warrant the
issuance of an order of execution against the non-complying party. He may likewise
be liable for contempt.
NOTE: No Bond required.
Disobedient party shall be cited for contempt.
REMEDIES OF a party WHO WAS ERRONEOUSLY COMPELLED FOR SUPPORT
a. apply for an order for such reimbursement
b. failing therein, apply for reimbursement in a separate case
RULE 62: INTERPLEDER
- 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.
Q: Should there be service of summons in interpleader?
A: Summons and copies of the complaint and order shall be served upon conflicting
claimants. (Sec. 3, Rule 62)
Note: Claimants shall have 15days to file an answer and such answer must be
served upon the plaintiff and co-defendants. (Sec. 5, Rule 62).
Q: What is the effect of failure of a claimant to file an Answer?
A: Upon motion, the court may declare such claimant in default and render a
judgment barring him from any claim in respect to the subject matter. (Sec. 5, Rule
62)
Q: May a motion to dismiss be filed?
A: Yes. It may be filed by any of the claimant within the time for filing an answer.
(Sec. 4, Rule 62)
Q: What are the grounds for filing a motion to dismiss?
A: (Sec. 4, Rule 62)
1. Impropriety of the interpleader action
2. Grounds specified under Rule 16 of the Rules of Court
Q: What is the effect of filing a motion to dismiss?
A: Period to file an answer is tolled and if the motion is denied, the answer may be
filed within the remaining period which shall not be less than 5days from notice of
denial. (Sec. 4, Rule 62)
RULE 63: DECLARATORY RELIEF AND SIMILAR REMEDIES
A special civil action brought by a person interested under a deed, will,
contract or other written instrument, or whose rights are affected by a statute,
executive order or regulation, ordinance or any other governmental regulation,
before breach or violation thereof, asking the court to determine any question of
construction or validity arising, and for a declaration of his rights or duties
thereunder.
Q: To whom shall notices be given?
A:
1. SOLICITOR GENERAL IF SUBJECT MATTER INVOLVES:
a. Validity of statute, executive order, regulation or governmental
regulation
b. Constitutionality of local government ordinance
2. PROSECUTOR OR ATTORNEY OF THE LOCAL GOVERNMENT UNIT IF SUBJECT
MATTER INVOLVES VALIDITY OF LOCAL government unit
Q: When may an action for declaratory relief be converted into an ordinary
action?
A: After filing of petition for declaratory relief but before the final termination of
the case or rendition of judgment, a breach or violation of an instrument, statute,
executive order, regulation or ordinance takes place. (Sec. 6, Rule 63)
RULE 64: REVIEW OF JUDGMENT AND FINAL ORDERS OR RESOLUTIONS OF THE
COMELEC AND COA
It is a remedy available to party who seeks the review by the SC of a
judgment or final order or resolution of the COMELEC and COA.
It is a special civil action of certiorari which is not an original action but a
mode of review.
Q: What is the period for filing certiorari as referred to in Rule 64?
A: The petition for certiorari referred to 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 (Sec. 3, Rule 64).
Q: What is the effect of filing of a motion for new trial or reconsideration if
allowed under the procedural rules of the commission concerned?
A: It will interrupt the period for filing the petition and if motion is denied, the
petition may be filed within the remaining period which shall not be less than
5days. (Sec. 3, Rule 64)
NO FRESH PERIOD.
RULE 65: CERTIORARI, PROHIBITION, AND MANDAMUS
-there is concurrent JD among the SC, CA, RTC, SB, and COMELEC
-the hierarchy is determinative of the proper
WRIT OF CERTIORARI- is a writ emanating from a superior court directed against an
inferior court court, board or officer exercising judicial or quasi-judicial functions.
The purpose of which is to correct errors or jurisdiction.
REQUISITES OF CERTIORARI
a. there must be controversy
b. respondent is exercising judicial or quasi-judicial functions
c. respondents acted without or in excess of its jurisdiction or acted with grave
abuse of discretion amounting to lack of jurisdiction
4. there must be no appeal or other plain, speedy, and adequate remedy.
WRIT OF PROHIBITION- is a writ issued by a superior vourt and directed against an
inferior court, corporation, board, officer or other person whether exercising
judicial, quasi judicial or ministerial function for the purpose of preventing the latter
from usurping jurisdiction with whivh it is not legally vested.
REQUISITES OF PROHIBITION
a. there must be actual controversy
b. respondent is exercising judicial, quasi-judicial or ministerial functions
c. respondents acted without or in excess of its jurisdiction or acted with grave
abuse of discretion amounting to lack of jurisdiction
d. there must be no appeal or other plain, speedy, and adequate remedy.
ACTS FAIT ACCOMPLI (ACCOMPLISHED FACTS)
GENERAL RULE: Prohibitions does not ordinarily lie to restrain an act which is
already a fait accompli.
XPN: It will lie to prevent the creation of a new province by those in the corridors of
power who could avoid judicial intervention and review by merely speedily and
stealthily completing the commission of such illegality.
NOTE: Prohibition, and not mandamus, is the proper remedy, where a motion to
dismiss is improperly denied.
WRIT OF MANDAMUS- is a writ issued in the name of the state, to an inferior
tribunal, corporation, board or person, commanding the performance of an act
which the law enjoins as a duty resulting from an office, trust or station.
REQUISITES OF MANDAMUS
a. there must be a clear legal right or duty
b. the act to be performed must be practical- within the powers of the respondent
to perform such that if the writ of mandamus was issued, he can comply with it, or
elses the essence will be defeated.
c. respondent must be exercising a ministerial duty
d. the duty toor act to be performed must be existing
e. d. there must be no appeal or other plain, speedy, and adequate remedy.
Q: What are the grounds for mandamus?
A:
1. When any tribunal, corporation, board, officer or person unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting from an
office, trust or station; or
2. When any tribunal, corporation, board, officer or person unlawfully excludes
another from the use and enjoyment of a right or office to which the other is
entitled (Sec. 3)
Q: Does the filing of a petition for certiorari interrupt the running of the
reglamentary period?
A: No. The rule is the same for prohibition and mandamus since the remedies under
Rule 65 are independent actions.
Errors of judgment are correctible by appeal; errors of jurisdiction are reviewable
by certiorari.
Note: The remedies of appeal and certiorari are mutually exclusive and not
alternative or successive.
i. WHERE TO FILE PETITION
Q: When and where to file petition?
A:
1. Supreme Court- Subject to the doctrine of hierarchy of courts and only when
compelling reasons exist for not filing the same with the lower courts.
2. Court of Appeals only- If the petition involves an act or an omission of a quasi-
judicial agency, unless otherwise provided by law or rules.
3. Court of Appeals and Sandiganbayan- Whether or not in aid of appellate
jurisdiction.
4. Regional Trial Court- If the petition relates to an act or an omission of an MTC,
corporation, board, officer or person.
5. COMELEC- In election cases involving an act or an omission of an MTC or RTC
As amended by AM No. 07-7-12-SC, Dec. 12, 2007.
WHEN TO FILE PETITION- Filed not later than 60 days from notice of judgment,
order or resolution sought to be assailed and in case a motion for reconsideration
or new trial is timely filed, whether such motion is required or not, the 60 day
period is counted from notice of denial of said motion
RULE 66: QUO WARRANTO
- It is a special civil action brought in the name of the Republic against the
usurpation of public office, position or franchise and commenced by the
filing of a verified petition.
WHICH COURTS HAVE JURISDICTION OVER PETITIONS FOR QUO WARRANTO:
-the SC, CA and RTC have original and concurrent JD. The SB has original JD in quo
warranto exercising in aid of its appellate JD.
WHAT IS THE VENUE IN A QUO WARRANTO PROCEEDING?
-if brought before the RTC, it should be filed with the RTC exercising JD over the
territorial aras where the respondents or any of the respondents resides. If the
action is commenced by SOLGEN , it mat be brought in a RTC in manila, in the CA or
in the SC.
Who commences the action?
A:
1. The solicitor general or public prosecutor, when directed by the President of the
Philippines, or when upon complaint or otherwise he has good reason to believe
that any case specified in the proceding section can be established by proof.
(mandatory quo warranto)
2. The Solicitor General or a public prosecutor may, with the permission of court,
bring an action at the request and upo n the relation of another person.
(discretionary quo warranto)
3. A person claiming to be entitled to a public office or position or unlawfully held
or exercised by anoher may also bring action, in his own name.
Q: Against whom a quo warranto may be filed?
A: The action must be filed against:
1. A person who usurps, intrudes into, or unlawfully holds or exercises a public
office, position or franchise;
2. A public officer who does or suffers an act which, by the provision of law,
constitutes a ground for the forfeiture of his office; and
3. An association which acts as a corporation within the Philippines without being
legally incorporated or without lawful authority so to act (Sec. 1, Rule 66).
What is the effect of a judgment in Quo Warranto case?
A; When the respondent is found guilty of usurping, intruding into, or unlawfully
holding or exercising a public office, position or franchise, judgment shall be
rendered that such respondent be ousted and altogether excluded therefrom, and
that the petitioner or relator, as the case may be, recover his costs. Such further
judgment may be rendered determining the respective rights in and to the public
office, position or franchise of the parties to the action as justice requires (Sec. 9,
Rule 66).
What are the rights of persons adjudged to be entitled to the office?
A: if judgment be rendered in favor of the person averred in the complaint to be
entitled to the public office, he may, after taking the oath of office and executing
any official bond required by law:
1. take upon himself the execution of the office;
2. may immediately thereafter demand all the books and papers in the
respondent’s custody or control appertaining to the office to which the judgment
relates; and
3. may bring an action against the respondent to recover damages sustained by
such persons by reason of usurpation.
Notes: The Sc held that in quo warranto proceedings, no one is compelled to
exhaust administrative remedies since public interest required that the right to
pulic office should be determined as expeditiously as possible.
RULE 67: EXPROPRIATION
Q: What are the requisites of a valid expropriation?
A:
1. Due process of law
2. Payment of just compensation
3. Taking must be for public use
Q: What is the power of eminent domain?
A: It is the right of the State to acquire private property for public use upon the
payment of just compensation.
Q: When is expropriation proper?
A: It is proper only when the owner refuses to sell or, if the latter agrees,
agreement as to the price cannot be reached.
What are the two (2) stages in expropriation proceedings?
A:
1. Determination of the authority of the plaintiff to exercise the power of eminent
domain and the propriety of the exercise in the context of the facts involved.
2. Determination of just compensation.
WHEN SHALL THE PLAINTIFF HAVE THE RIGHT TO ENTER OR TOTAKE POSSESSION
OF THE PROPERTY SUBJECT OF THE EXPROPRIATION.
A. IN case of Real Property- if he deposits with the authorized government
depositary an amount equivalent to the assessed value of the property.
b. In case of expropriation for national government infrastructure projects- the
government shall immediately pay the owner of the property 100% of the market
value of the property based on the tax declaration or the current relevant BIR zonal
valuation.
c. in case of expropriation by LGU- upon filing of exproorpation proceeding and
upon making a deposit with the proper court of atleast 15% of the fairmarket value
based on the current tax declaration of the property sought to be expropriated.
d. IN case of Personal Property- its value shall be provisionally ascertained and the
amount to be deposited shall be promptly fixed by court.
NOTE; What is required id due notice and not prior hearing. session of the hearing to be held by the commissioners and specify the time within
No counterclaim, cross claim or third party complaint shall be alleged or allowed in which their report shall be submitted to the court (Sec. 5, Rule 67).
the answer or subsequent pleasing.
Q: When should the commissioner make a report?
What is the duty of the court if the defendant waives his defenses or objections? A: The court may order the commissioners to report when any particular portion of
A: If a defendant waives all defenses and objections not so alleged, the court, in the the real estate shall have been passed upon by them, and may render judgment
interest of justice, may permit amendments to the answer to be made not later upon such partial report, and direct the commissioners to proceed with their work
than ten (10) days from the filing thereof. However, at the trial of the issue of just as to subsequent portions of the property sought to be expropriated, and may from
compensation, whether or not a defendant has previously appeared or answered, time to time so deal with such property. The commissioners shall make a full and
he may present evidence as to the amount of the compensation to be paid for his accurate report to the court of all their proceedings, and such proceedings shall
property, and he may share in the distribution of the award (Sec. 3, Rule 67).
NOTE: Order of expropriation may be appealed by taking NOA and ROA
Q: What is an order of expropriation?
A: An order of expropriation (or order of condemnation) will be issued declaring
that the plaintiff has a lawful right to take the property for the public use or
purpose described in the complaint upon the payment of just compensation in the
event the objections of the defendant are overruled or when no party appears to
object to or to defend against the expropriation (Sec 4, Rule 67).
Note: after the rendition of the order of expropriation, the plaintiff shall not be
permitted to dismiss or discontinue the proceeding except upon such terms as the
court deems just and equitable (Sec 4, Rule 67)

Just compensation is equivalent to the fair market value of the property at the time
of its taking or filing of complaint whichever comes first. It is the fair and full
equivalent for the loss sustained by the defendant.

May the court dispense with the assistance of commissioners in the

determination of just compensation in expropriation proceedings?
A: No. The appointment of commissioners in expropriation proceedings is
indispensable. In such cases, trial with the aid of commissioners is a substantial
right that may not be done away with capriciously or for no reason at all (MERALCO
v. Pineda, G.R. No. L-59791, Feb. 13, 1992).
Note: Objections to the order of appointment must be filed within 10 days from
service of the order and shall be resolved within 30 days after all the commissioners
received the copies of the objections (Sec. 5)

Q: When may the court appoint a commissioner in expropriation proceedings?

A: Upon the rendition of the order of expropriation, the court shall appoint not
more than three (3) competent and disinterested persons as commissioners to
ascertain and report to the court the just compensation for the property sought to
be taken. The order of appointment shall designate the time and place of the first