Professional Documents
Culture Documents
D. Receivership 330
1. Cases when a receiver may be appointed 331
2. Requisites 331
3. Requirements before issuance of an order appointing a 332
receiver
4. General powers of a receiver 332
5. Two (2) kinds of bonds 332
6. Termination of receivership 332
E. Replevin 333
1. When may a writ of replevin be issued 333
2. Requisites 333
3. Affidavit and bond; Redelivery bond 334
4. Sheriff’s duty in the implementation of the writ; when 334
property is claimed by third party
B. Interpleader 342
1. Requisites for interpleader 344
2. When to file 344
C. Declaratory relief and similar remedies 345
1. Who may file the action 346
2. Requisites of an action for declaratory relief 346
3. When may the court refuse to make judicial declaration 347
4. Conversion to ordinary action 347
5. Proceedings considered as similar remedies 347
a) Reformation of an instrument 348
b) Consolidation of ownership 348
c) Quieting of title to real property 350
G. Expropriation 364
1. Matters to allege in complaint for expropriation 365
2. Two stages in every action for expropriation 365
3. When plaintiff can immediately enter into possession of the 365
real property, in relation to RA No. 8974
4. New system of immediate payment of initial just 367
compensation
5. Defenses and objections 367
6. Order of expropriation 368
7. Ascertainment of just compensation 368
8. Appointment of Commissioners; Commissioners’ report; 369
Court action upon Commissioners’ report
9. Rights of plaintiff after judgment and payment 370
10. Effect of entry of judgment 370
H. Foreclosure of real estate mortgage 371
1. Judgment on foreclosure for payment or sale 373
2. Sale of mortgaged property; effect 374
3. Disposition of proceeds of sale 375
4. Deficiency judgment 375
a) Instances when court cannot render deficiency 376
judgment
5. Judicial foreclosure versus extrajudicial foreclosure 376
6. Equity of redemption versus right of redemption 376
I. Partition 377
1. Who may file complaint; who should be joined as defendants 378
2. Matters to allege in the complaint for partition 378
3. Two stages in every action for partition 379
4. Order of partition and partition by agreement 379
5. Partition by commissioners; Appointment of commissioners; 380
Commissioners’ report; Court action upon commissioners’
report
6. Judgment and its effects 381
7. Partition of personal property 381
8. Prescription of action 381
K. Contempt 388
1. Kinds of contempt 388
2. Purpose and nature of each 388
3. Remedy against direct contempt; penalty 390
4. Remedy against indirect contempt; penalty 390
5. How contempt proceedings are commenced 391
6. Acts deemed punishable as indirect contempt 391
7. When imprisonment shall be imposed 392
8. Contempt against quasi-judicial bodies 392