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SPECIAL CIVIL ACTIONSSorry, I was late! No notes on interpleader + declaratoryrelief. Anyway, some things you might want to remember:

INTERPLEADERWhat are the requisites?a. Conflicting claims upon the same subject matterb. Against a person who claims no interest or an interestnot disputed by claimantsc. Pray that court will compel claimants to interplead andlitigate their claims among themselvesNOTE: fees and lawful fees, as well as costs paid by partywho filed the complaint shall constitute a lien upon the 8M ofthe action, unless the court otherwise orders.

Who may file?Any person:

DECLARATORY RELIEF

a. interested under a deed, will, contract or otherwritten instrument;b. or whose rights are affected by a statute, EO,ordinance, or other governmental regulationWhen and where should declaratory relief be filed?Before breach, in the RTCNOTE: reformation, quieting of title, removal of cloud,consolidation may also be brought under Rule 63When must there be notice to the government?Cases involving validity of statutes -7 notify SolGenValidity of local govnt ordinace -7 notice to counsel forLGU (usually the prosecutor)Unconstitutionality of law or ordinance -7 notify SolGenWhat happens if there is breach?The action is converted into an ordinary action

CERTIORARI PROHIBITION MANDAMUSNOTE: although this rule covers 3 special civil actions, apetition may also be for a combination of 2 e.g. petition forcertiorari and mandamus.See Rule 65 Sec 1 for definitions.What may be the subject of certiorari?See Rule 41 Sec 1, what may not be appealed. In summary:order denying MNT/MR, order denying petition for relief,interlocutory order, order disallowing/dismissing an appeal,order denying motion to set aside judgment by consent etc,order of execution, judgment against one or more of severalparties in separate claims etc, order dismissing an actionwithout prejudiceUnder the Family Code, a declaration of presumptive deathmay not be appealed. Technically, the remedy is certiorari.NOTE: Certiorari does not over ministerial functions of

When the court acts in excess of jurisdiction: e.g. the courthas jurisdiction in the first place, but there is non-compliancewith the procedure for the exercise of that powerWhen there is grave abuse of discretion (note key words:capriciously, arbitrarily, whimsical etc): e.g. if counsel doesnot appear at trial and the judge dismisses the case rightaway, then the counsel appears and files an MR, claiming hedid not appear because he was trapped in an elevator. If thejudge denies the MR there is GADWhen is certiorari not a remedy?If it is true that there are other speedy and adequateremedies, certiorari may not be availed ofNOTE: There are some instances when there may beresort to certiorari despite the availability of otherremedies, such as:When the filing of an appeal is not a speedy andadequate remedyOrder is a patent nullityTo avoid future litigationTo avoid miscarriage of usticeWhat is the condition precedent before one may avail ofcertiorari under Rule 65?As a general rule, there must be a motion forreconsideration. This is different from certiorari under Rule45. But there are exceptions to this rule! (He didn't mentionIhem)What are the technical requirements of a petition forcertiorari?There must be a controversyRespondent judicial/quasi-judicial functionsRespondent exercising functions w/o or in excess ofjuris amounting to GADLEJNo appeal or speedy remedy availableWhat are the requisites fo r extrinsic sufficiency to availof certiorari?Verified petitionCertification against forum shoppingCertified true copy or duplicate original of the originaljudgment -7 The word original should be stamped onthe pleadingCopies ... ?Proof of serviceWithin what period should you file?Within 60 daysWhich courts have jurisdiction over certiorari?RTC SB CA SC have jurisdiction over certiorari. But you stillhave to comply with the hierarchy of courts.REMEMBER: In CrimPro we learned that an order of the TCdenying demurrer, and an order of the TC denying leave tofile demurrer are NOT subject to certiorari. The remedy inboth these cases is to present evidence and file an appeal.Can you raise decisions ofthe CA under rule 65?NO, the proper remedy is Rule 45 (double check this)

judicial and quasi-judicial agencies -7 double check, not sure Should the court proceed with the main case if a petitionfor certiorari is filed?Give examp les: YES! EXCEPT: if there is a TRO or an injunction. (CourtWhen the court acts without jurisdiction: e.g. order arrest of must proceed in the main case absent a TRO. Where thecongressman for crime that he has abuse of discretion provisional remedy of injunction and TRO is prayed for but

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not granted, court should proceed, otherwise the judge willbe penalized.Can you file for certiorari in availing of discoverymeasures?Generally, no. You can ask for protective orders. However, ifthe issuance of the order stopping or ordering continuation isin the nature of GADLEJ, certiorari may be available.What about erroneous rulings in the admission ofevidence?Not subject to certiorari. Remedy is Rule 132 or 133objectionslrulings, or file an MR.What about testimonial evidence when you thinkwitness "lying through the teeth" is this subject tocertiorari?No, wait for judgment and assign as an errorNOTE: there is an exception wI respect to certiorari notbeing remedy in erroneous admission of evidenceRead SALCEDA ORTANEZ v. CA 235 SCRA 111In this case, the Court admitted evidence in violation of antiwire tapping, because if the action proceeded, there wouldserious injuryWhat is prohibition?See Sec 2 Rule 65What is the difference between certiorari andprohibition?Prohibition can cover ministerial functions, unlike certiorari.What are the requisites for prohibition?There is a controversyRespondent is exercising judicial, quasi-judicial orministerial functionsActed wlo or in excess jurisdiction or with GADNo appealDistinguish prohibition from injunctions.Prohibition directed to tribunal Uurisdiction is questioned, theparty goes to court to prevent the respondent from takingcognizance). An injunction directed to party, it is an ancillaryremedy, and the court has jurisdiction.NOTE: the grounds for prohibition are the same as those forcertiorariWhat is mandamus?To require or compel the respondent to perform a particularduty, which duty results from the official station of therespondent, or from operation of law; refers only toministerial duties.What is the difference between preliminary mandatoryinjunction and mandamus?Mandamus -7 compel the party to do somethingInjunction -7 enjoin him from doing somethingGive an example of mandamus.Mandamus may be filed to compel the OMS to dismiss acase that been pending for 10 years, as this is a violation ofright to speedy trial [307 SCRA 106 Roque v. OMS]Can a student compel a school to admit him/her?No, because of academic freedom! [176 SCRA 151 ???]

See also Defensor-Santiago v. Loyola? In this case, Miriamwanted to take theology, but Ateneo refused because theclass was reserved for priests onlyCan you compel the prosecutor to file a case?As a general rule you cannot. Except when there wasalready a determination of probable cause.What is continuing mandamus?See Rule in environmental cases

QUO WARRANTOWhat is quo warranto?See Rule 66 Sec 1Which court has jurisdiction over quo warranto?See Rule 66 Sec 7Against whom may quo warranto petitions be filed?See Rule 66 Sec 1.What are the contents of the petition?

Name of person who claims to be entitledAverment of right to the sameWhen is a quo warranto petition mandatory?When directed by the President or when the SolGen hasgood reason to believe he can prosecute the caseWhen is quo watTanto petition discretionary?When a third person asks the SolGen to file for quowarranto. This third person is called a RELATOR becausehe relates it to the SolGen. In this case there must be a priornotice and hearing.Distinguish quo watTanto in the RoC and OmnibusElection CodeRules of Court Omnibus Election CodeSpecial Civil Action Electoral roceedinqPurpose is to call a person Purpose is to questionto prove his right to office or eligibility or qualification forright to exercise franchise officeWithin 1 year Within 10 days fromproclamationFiled by SolGen Filed by any voterIndependent/separate action Can recover damages in thefor damages same actiono r h 1 rs rngurs I quo warranto rom e ec ron pro esQuo Warranto Election ProtestDispute re: eligibility 01 Dispute re: irregularity incandidate elect conduct of electionRespondent is ousted but Successful protestant willpetitioner does not always assume office il he hadassume office plurality of votesDistinguish quo warranto in elective office from quo

r ii iarranto rn apporn rve 0 rceElective Office ADDointive OfficeIssue pertains to the Issue pertains to the validityeligibility of the respondent of the appointmentPetitioner does not seek to Petitioner wants to replacereplace the respondent the respondent

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EX PROPRIA iO NNOTE: There are two kinds of expropriation, one forinfrastructure projects (RA8974) and one in the rules of courtWho may expropriate property?The national government including LGUs and GOCes wIcharters that allow them to expropriateWhich court has jurisdiction in expropriationproceedings?RTC, because it is an action that is incapble of pecuniaryestimationWhat are the requirements before there can beexpropriation?a, There must be a showing of public character beforeoccupationb. Taking must be for a public purposec. There mu st be payment of ust compensationNOTE: all pleadings must be verified, and the action iscommenced by an initiatory pleadingWhat are the stages in an expropriation proceeding?First , the court determines the authority of the plaintiff toexpropriate and the propriety of the exercise of expropriation.This is already a final adjudication and this may be appealed .Second , the court determines the amount of justcompensation. The amount of just compensation isdetermined by the commissioners. The court can accept ,reject or modify the recommendation of the commissioners .See the codal for the full procedure.When Is there "taking"?When the expropriator takes possession of the property. Thepossession must be more than momentary, and must bedone under the color of authority. The taking must be donein such a manner that ousts the owner of beneficial use ofthe property. E.g. NAPOCOR files expropriation proceedingsfor the properties underneath their high voltage transmissioncables, because the ovmer is deprived of beneficial use ofthis propertyHo w Is just compensation determined?Based on the value at the time of the taking, or at the time offiling of the complaint, whichever comes first.How is the proceeding under Rule 67 different from RA89747Under Rule 67, (see Sec2) upon the filing of the complaint ,and notice to the occupants, the expropriator can deposit theamount equivalent to the assessed value of the property andthen the expropriator can take possession.Under RA 8974, the expropriation for national govemmentinfrastructures , the expropriator can take possession rightaway, upon payment of 100% of the zonal value, paiddirectly to the owner. This is different from the SCA, whereonly deposit is required.READ: G.R. No. 166973 Republic v. GingoyonNOTE: There may be multiple appeals in expropriationproceedings.

What if the defendant is unknown?This is only allowed for the first stage of the proceeding, butfor the second stage , the names of the owners must beknown.What if there are two conflicting claimants?The expropriator can file an action for interpleadeCan you file an MTD?No! You should include the ground in your answer.Don'tforget the omnibus objection rule! All defenses not in theanswer are deemed waived.In case the owner does not contest the expropriation , he filesa notice of appearance and a manifest to the court that hehas no objection , and but he has to specify which property issubject to expropriation.Which pleadings are prohibited in expropriationproceedings?MTD, counterclaims and cross-claims

FORECLOSURENOTE: Extrajudicial foreclosure is governed by Act 3135Under JUDICIAL FORECLOSU RE, there is only equity ofredemption (right to redeem after default bu t before theconfinnation of the sale of property). The judgment mustmake finding of the amount due to the mortgagee, and willmake an order that the debt shall be paid within a period 90to 120 days from judgment. If the judgment obligor fails topay , the property will be sold at a public auction. After sale isconfirmed, the buyer is entitled to a Writ of Possession.However, if the mortgagee is a bank , the mortgagor has aright of redemption one year counted from the date ofregistration ofthe certificate of sale.In order for their to be a deficiency judgment, there must bean explicit finding that there is a deficiency. Deficiencycannot be recovered against a non-resident, as this personcannot be found in the Philippines and this is a personalaction.Under EXTRAJUDICIAL FORECLOSURE, there is a righlof redemption (right to repurchase the property evenafter the confirmation of the sale and even after theregistration of the certificate of sale). The right ofredemption is within one year from the date of sale (whichhas been interpreted as from the date of the registration ofthe sale).Under the General Banking Law, when the mortgagor is ajuridical person , registration of the sale cannot be mademore than 3 months after foreclosure , so the redemptioncannot be made after the lapse of 3 months from theforeclosure.When the mortgagor dies, the mortgagee hasALTERNATIVE REMEDIES:a. Mortgagee may forecloseb. Abandon mortgage and file collectionc. Foreclose and file deficiency judgment in the settlementNOTE: multiple appeals are allowed in foreclosure

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PARTITIONThere are two stages: In first pertains to whether or not theplaintiff has the right to partition. This order is final and maybe appealed through a record on appeal. The second stageis the partition itself, which is also appealable.Partition applies to both real and personal property.Is the right to partition imprescriptible?It depends. Prescription does not run in favor of a co-owner ifthere is express or implied recognition of the co-ownership.However, a co-owner may acquire ownership throughprescription when there is a clear repudiation of the coownership, and when the co-owners are apprised of theclaim of adverse and exclusive ownership.Is oral partition valid?Yes, but only with respect to the parties to the partition.NOTE: partition may be coupled with an accounting. Such asunpaid rent, shared profits etc. and if these are not includedthey are deemed waived.NOTE: Arriola v. Arriola (G.R. No. 17703) if a propertysubject to partition is constituted as a family home,immediate partition is NOT possible. The procedure in theFamily Code Art 159 must be followed.Article 159. The family home shall continue despite the deathof one or both spouses or of the unmarried head of thefamily fo r a period of ten years or for as long as there is aminor beneficiary, and the heirs cannot partition the sameunless the court finds compelling reasons therefor. Thisrule shall apply regardless of whoever owns theproperty or constituted the family home.What are the modes of partition?First, Partition by agreement,Second, partition through judicial proceedings.The plaintiff must show interest in the property,then the court will determine whether or not theplaintiff is a co-owner, and if so, the plaintiff can

demand that partition be effected.The court will issue an order of partition.If parties cannot agree how the property should bedivided, the court will appoint commissioners toeffect partition.

NOTE: Partition is res judicata with respect to the parties tothe action and their successors-in-interest.FORCIBLE ENTRY AND UNLAWFUL DETAINER

The basic issue is PHYSICAL POSSESSION.Accion interdictal comprises two different causes of action:forcible entry (FE) and unlawful detainer (UD).In FE, one is deprived of physical possession of real propertyby means of force, intimidation, strategy, threats, or stealth.(FISTS).In UD, one illegally withholds possession after the expirationor termination of his right to hold possession under anycontract, express or implied.In FE, possession of the defendant is illegal from thebeginning, and the issue is which party has prior de facto

In UD, possession of the defendant is initially legal butbecomes illegal due to the lapse of the term of the right topossess.Where should the action be filed?In the proper MTC. Note that this action is governed by theRules on Summary Procedure, so don't forget the prohibitedpleadings.When should the action be filed?FE: Within 1 year from the date of actual entry, or 1 yearfrom the date of discovery of the entry (if entry was madethrough stealth)UD: Within 1 year from the date of the last demand to vacateIf the owner of the property sends notice to the one inpossession, asking that he enter into a renewal contractor vacate the property, is the is the "demand"contemplated under the Rule?NO. There must be a specific demand to vacate.Within what period should the Answer be filed?Within 10 days! All defenses not raised are deemed waive.dNOTE: This is an exception to the general rule, which is thatthe defendant has 15 days to answer.Is pre-trial applicable?Yes, it is just called a preliminary conference. If the plaintiffdoes not appear during the preliminary conference, the caseshould be dismissed. However, there may be judgment onthe counterclaim raised by the defendant (double check this).If the defendant fails to appear, there can be NO ex parteproceedings (double check this too).Can the court make a determination of ownership?Not really, the determination of ownership is onlyPROVISIONAL, as such it is not final and binding.NOTE: Execution of judgment is immedia tely executory,unless an appeal duly perfected and the filing of asupersedeas bond (for the unpaid rent, damage and costs).Is the action suspended or barred by other actions?No! The fact there is a pending case involving ownership ofthe subject matter does NOT bar the filing of an ejectmentsuit, nor does it suspend the proceedings of alreadyinstituted.The following cases do not bar an action for FElUD:injunction suit filed in an ejectment suit, accion publiciana inanother suit, quieting of title, specific performance withdamages (e.g. action to compel the renewal of a leasecontract), accion reivindicatoria, reformation of theinstrument, action for annulment of saleWho should be parties?The case should be filed against the one in the possessionof the property at the commencement of the actionCan a tenant bring an action against landlord?Yes, because the issue is the right of possession, so even ifthe landlord owns the property, the tenant may be entitled topossess the property, and can file an action against thelandlord if the landlord deprives the tenant of possession(double check this).Can a vendor eject a vendee?

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Who are bound by the judgment?GR: Those who are not impleaded are not bound.EXCEPT: The following are bound even if not parties -trespassers, informal settlers, agent of defendant who isfraudulently occupying, guests, those occupying wIpermission, transferee pendente lite, sub-lessee, co-lessee.Can the defendant raise the refusal to accept rentals asa defense?No! The remedy of the defendant in this case is the tenderof payment of rent, with consignation at the court where caseis pending or with the bank in the name of the lessor. Theaccount will be "In trust for ... "

CONTEMPTWhat is the nature of contempt?It is an inherent power of the court.Howshould this power be exercised?It should be exercised in a conservative manner, not avindictive one.Distinguish direct and indirect contempt.Direct contempt: committed in the presence of, or so nearthe court or judge as to obstruct or interrupt the proceedings.It is summary in nature and there is no appeal. The remedyof the person is a petition for certiorari or prohibition againstthe court that held him in contempt.Indirect contempt is not committed in the presence of thecourt. It is an act done that tends to belittle, degrade,obstruct or embarrass the court and justice. Indirectcontempt is initiated by a charge in writing and a hearing.The charge may be through a verified petition, or by an orderor formal charge initiated by the court motu propio (Sec 4Rule 71). If an action for indirect contempt is initiated byparty other than the judge, the requirement is that thereshould be an initiatory pleading that is VERIFIED and whichhas a certification against forum shopping.Examples of indirect contempt:Sec 5 Rule 7 false certificate against forum shopping, orfailure to submitSec 9 Rule 21 failure to obey a subpoena (do not forgetvia tory right)What is the nature of the proceeding of indirectcontempt?It is similar to a criminal action. The respondent should begiven opportunity to file answer or comment. The ruling ofindirect contempt is appealable.What's a bench warrant?Ask person to appear and explain why not be cited in directcontempt. e.g. failure to obey subpoenaWhen may there be contempt even if case terminated?Tends to bring court into disrespectClear and present danger justice impededMay quasi-judicial entities cite parties in contempt?See Sec 12 Rule 71. Rule 71 applies to them suppletorily.In indirect contempt, the quasi-judicial bodies must initiateproceedings with the RTC, as quasi-judicial bodies do nothave the jurisdiction to decide indirect contempt cases.

Don't forget that we finished SeA in just one meeting. Thesenotes are limited to the questions asked during recitation,and from the mini-lecture Justice Gesmundo gave towardsthe end of class. I would recommend that you supplementthese notes with other materials

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