Rule 70 sp. civ axn

8/13/2019 Rule 70 sp. civ axn.

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Special Civil Actions 2000 Edition Rule 70 Forcible Entry and Unlawful Detainer

Rule 70

FORCIBLE ENTRY AND UNLAWFUL DETAINER

Forcible Entry and Unlawful Detainer cases are the most famous Special Civil Actions. Also

with Rule 6! Certiorari. "n #ar e$ams! out of %& 'uestions in Special Civil Actions! (&) dealswith Rule 6 and Rule (&*Forcible Entry and Unlawful Detainer.

+ow do you define this ,ind of SCA- "t is a real action which involves possession of reaproperty. "t is the only real action e$clusively triable by the unicipal /rial Court.

/he other one is accion publiciana provided the property is 01&!&&&.&& or less.

So accion publicianacould be /C or R/C! but mostly R/C yan because properties are usually

more than 01&!&&&.&&. 0ero iyon2 forcible entry! no problem. /he 3urisdiction of the /C is no2overned by the nature of the action.

So let us try to 2o bac, to the fundamentals of 0roperty.

Q:4hat are the possible actions to be filed in court 2overnin2 real property-

A:/hey are the followin25

%. Accion Reinvindicatoria recovery of ownership

1. Accion Publiciana recovery of possession

7. Accion Interdictal8

a. forcible entry (detentacion)9 or

b. unlawful detainer (des halicio)

:ow! Forcible Entry;FE< and Unlaful !etainer;UD< are now found under Sections % and 1 ofRule (&. Forcible Entry is Section %.

SECTION 1. Who may institute proceedings, and when. Subject to the provisions of thenext succeeding section, a person deprived of the possession of an !and or bui!ding b force,inti"idation, threat, strateg, or stea!th, or a !essor, vendor, vendee, or other person against#ho" the possession of an !and or bui!ding is un!a#fu!! #ithhe!d after the expiration orter"ination of the right to ho!d possession, b virtue of an contract, express or i"p!ied, or the!ega! representatives or assigns of an such !essor, vendor, vendee, or other person, "a, atan ti"e #ithin one $1% ear after such un!a#fu! deprivation or #ithho!ding of possession, bringan action in the proper &unicipa! Tria! Court against the person or persons un!a#fu!!#ithho!ding or depriving of possession, or an person or persons c!ai"ing under the", for therestitution of such possession, together #ith da"ages and costs. $1a%

SEC. '. Lessor to proceed against lessee only after demand. (n!ess other#ise stipu!ated,such action b the !essor sha!! be co""enced on! after de"and to pa or co"p! #ith theconditions of the !ease and to vacate is "ade upon the !essee, or b serving #ritten notice ofsuch de"and upon the person found on the pre"ises, or b posting such notice on thepre"ises if no person be found thereon, and the !essee fai!s to co"p! there#ith after fifteen$1)% das in the case of !and or five $)% das in the case of bui!dings. $'a%

Q:As defined under Section %! how do you describe forcible entry-

Property of LAKAS ATENISTA 49


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A:Forcible Entryconsists in deprivin2 a person of the possession of land or buildin2 for a

period of time not e$ceedin2 one ;%< year by force" inti#idation" strate$y" threat" or stealth;F"S/S% 0hil. B

FAC/S:/he lessee was in arrears for 0%>!&&& so he received a letter from the

lessor. +I a# $ivin$ you 7 days to pay bac2 rentals" otherwiseI ill file an e*ect#ent

case a$ainst you.+@f course after the deadline! he did not pay. So the lessor filed acase for UD.

Accordin2 to the defendant! there is no de#and to vacate9 you are definite to file a

case a2ainst me but where is the de#and to vacate-+ED5 /he letter is sufficient. 0wede na LyonN And the SC said! J4hen the private

respondents defaulted in the payment of rents in the amount of 0%>!&&&.&&! they lost

their ri2hts to remain in the premises. +ence! when the petitioner demandedpayment of the 0%>!&&&.&& due and unpaid rentals or a case for e3ectment would befiled a2ainst them! the owner was 2ivin2 stron2 notice that Oyou either pay yourunpaid rentals or " will file a court case to have you thrown out of my property.O /heword OvacateO is not a talismanic word that must be employed in all notices. /healternatives in this case are clear cut. /he tenants must pay rentals which were fi$edand which became payable in the past! failin2 which they must move out. /here canbe no other interpretation of the notice 2iven to them. +ence when the petitionerdemanded that either he pays 0%>!&&&.&& in five days or a case for e3ectment wouldbe filed a2ainst him! he was placed on notice to move out if he does not pay. /herewas! in effect! a notice or demand to vacate.K

Compare that with the case of

LA CAMPANA FOOD PRODUCTS vs.CA177 SCRA %%

+ere! the lessee has not also been payin2 his rentals and water bills. So the lessor

wrote a letter to the lessee! ,9arnin$: Upon your failure to pay your unpaid rentals and

unpaid ater bills" I ill forard this #atter to our le$al counsel for proper action.- "sthere a sufficient demand-

+ED::o. 4e do not see in this statement an une'uivocal or even an implieddemand on the lessee to vacate from the premises. /he doctrine in the =olden =atecase is therefore not applicable.

BANDOY vs.CA%( SCRA B

FAC/S5 0rior to filin2 of e3ectment case a2ainst the defendant! the plaintiffbrou2ht the matter to the #aran2ay Captain! but to no avail. A certification to file acase was issued by the #aran2ay Captain. So na2file n2 ,aso an2 plaintiff. /hecomplaint for UD contained no alle2ation that there was a prior demand to vacate.



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,0otion to dis#iss"-sabi n2 defendant! ,no de#and to vacate. ave you ritten #e

a letter' !id you notify #e to vacate'-

Accordin2 to the plaintiff! ,0y $olly3 9e have already tal2ed ith the ;aran$$ay.

0ay usapan na tayo dun3 Pareho na rin yun3-So the plaintiff contended that no furtherdemand to vacate is needed after a certification to file a case was issued by the#aran2ay Captain for the reason that the case was already certified to court for

action. Any further de#and to vacateis merely repetitive and unnecessary.

+ED: 0laintiff is wron2. aliN /he certification of the #aran2ay Captain is notconclusive as to the 3urisdiction of the Court to which the case was subse'uentlyfiled. 4hat was certified by the #aran22ay Captain was that no settlement wasreached by the parties in the #aran2ay level. "t did not certify that all the re'uisitesfor the filin2 of the UD case was complied with. /herefore the case is dismissed.

So de#and to vacateis 3urisdictional. aya to play it safe! sabihin mo na lan2 ,I a# reAE3- "capitaliHe mo yun2 ?A/! 8 =A>AE@para walan2 samo,* because it has been the cause of so many problems eh. "t reaches the SC 3ust

because of the issue5 as there a de#and to vacate- /he best thin2 is to use that words so thatthere could be no room for controversy.

Q:"s there a possibility that an UD case will be filed without a prior de#and to vacate-

A:"t would seem so. !e#and to vacate! if you observed! is essential if you 2round for UD isnonpayment of rentals or failure to comply the condition of the lease.

Q::ow! suppose the 2round for e3ectment is e$piration of the lease contract. E$ample: ,0r.

essee" this is to re#ind you that the lease contract ill $oin$ to e&pire at the end of this #onth. I

ill not rene your contract so you better loo2 for another place to #ove.K 4ell! that is 3ust a

reminder. /here is no de#and to vacate. At the end of the month! nandun pa rin an2 lessee. File

,a n2 UD. #ut where is the de#and to vacate-

A: /here are some decided cases where the SC said that the de#and to vacate may be

dispensed with because anyway! the 2round for e3ectment is not non%pay#ent of rentals or

violationof conditions of the lease contract. eanin2! the defendant should be informed strai2hahead that he could not e$tend his stays anymore.

/hat is what Section 1 seems to convey! J*such action by the lessor shall be co##enced only

after de#and to pay or co#ply ith the conditions of the lease and to vacate-

Actually " e$perienced this eh years a2o. " filed an action for UD without any de#and to

vacatebecause my 2round is e$piration of the lease contract. /he defendant filed a motion to

dismiss because no de#and to vacate." was tellin2 the court" ,Bour onor! demand to vacateis

not really necessary in all cases. 9hen the $round is e&piration of lease contract" hindi na 2ailan$an.And these are decided cases...-

And the 3ud2e does not ,now the cases. +e does not ,now the e$ception. +e ,nows the2eneral ruleN So " appealed to the old CF". :areverse. #umali,. /he hearin2 too, almost >months.



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And " said! this is a lesson for me. " will stic, with the 2eneral rule most of the time becauseyou do not e$pect the 3ud2e to ,now the e$ception. So that is a lesson in my practice.

Q:4here do you compute the one year period -

A:For Forcible Entry! from the date of unlawful deprivation.

For Unlaful !etainer! from the date of unlawful withholdin2. /hat is evident by the

demand to vacate because you 2ive a deadline. ?ou count the one yearperiod from your deadline.

Q:Suppose! hindi na2vacate. +indi ,a rin na2file n2 case. 0inabayaan mo lan2. /hen afterone year you 2ave another demand to vacate. 4hen do you count the one year period - Fromthe date of the first demand or second demand-

A: tandin$ Rule5 A/ES/ DEA:D.

PEAS, JR. vs. CA177 SCRA (B

+ED5 /he one year period provided for in Section %! Rule (& should be countedfrom the last letter of demand to vacate. /he reason bein2 that the lessor has the

ri2ht to waive his ri2ht of action based on the previous demand and let the lesseeremain in the meanwhile. "n effect! " le2aliHe his possession all over a2ain by notdoin2 anythin2.

:ow! the ne$t provisions startin2 form Section 7 to %B are new provisions and reiterations othe rules of Summary 0rocedure. Remember when we too, up Summary 0rocedure! all FE andUD cases are covered by the Summary Rules. /hat is why in %( when the SC decided toamend the rules in Civil 0rocedure! sinama na nila an2 m2a ito.

Sec. *. Summary procedure Except in cases covered b the agricu!tura! tenanc !a#s or#hen the !a# other#ise express! provides, a!! actions for forcib!e entr and un!a#fu! detainer,irrespective of the a"ount of da"ages or unpaid renta!s sought to be recovered, sha!! begoverned b the su""ar procedure hereunder provided. $n%

Sec. +. Pleadings allowed The on! p!eadings a!!o#ed to be fi!ed are the co"p!aint,co"pu!sor counterc!ai" and crossc!ai" p!eaded in the ans#er, and the ans#ers thereto. -!!p!eadings sha!! be verified. $*a, S/%

Sec. ).Action on complaint The court "a, fro" an exa"ination of the a!!egations in theco"p!aint and such evidence as "a be attached thereto, dis"iss the case outright on an ofthe grounds for the dis"issa! of a civi! action #hich are apparent therein. If no ground fordis"issa! is found, it sha!! forth#ith issue su""ons. $n%

Sec. 0.Answer ithin ten $12% das fro" service of su""ons, the defendant sha!! fi!e hisans#er to the co"p!aint and serve a cop thereof on the p!aintiff. -ffir"ative and negative

defenses not p!eaded therein sha!! be dee"ed #aived, except !ac3 of jurisdiction over thesubject "atter. Crossc!ai"s and co"pu!sor counterc!ai"s not asserted in the ans#er sha!! beconsidered barred. The ans#er to counterc!ai"s or crossc!ai"s sha!! be served and fi!ed #ithinten $12% das fro" service of the ans#er in #hich the are p!eaded. $), S/%

Sec. 4. Effect of failure to answer Shou!d the defendant fai! to ans#er the co"p!aint#ithin the period above provided, the court, "otu proprio or on "otion of the p!aintiff, sha!!render judg"ent as "a be #arranted b the facts a!!eged in the co"p!aint and !i"ited to #hat



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is praed for therein. The court "a in its discretion reduce the a"ount of da"ages andattorne5s fees c!ai"ed for being excessive or other#ise unconscionab!e, #ithout prejudice tothe app!icabi!it of section * $c%, u!e 6 if there are t#o or "ore defendants. $0, S/%

Sec. 7. Preliminary conference; appearance of parties Not !ater than thirt $*2% das afterthe !ast ans#er is fi!ed, a pre!i"inar conference sha!! be he!d. The provisions of u!e 17 on pre

tria! sha!! be app!icab!e to the pre!i"inar conference un!ess inconsistent #ith the provisions ofthis u!e.

The fai!ure of the p!aintiff to appear in the pre!i"inar conference sha!! be cause for thedis"issa! of his co"p!aint. The defendant #ho appears in the absence of the p!aintiff sha!! beentit!ed to judg"ent on his counterc!ai" in accordance #ith the next preceding section. -!!crossc!ai"s sha!! be dis"issed. $4, S/%

If a so!e defendant sha!! fai! to appear, the p!aintiff sha!! !i3e#ise be entit!ed to judg"ent inaccordance #ith the next preceding section. This procedure sha!! not app! #here one of t#o or"ore defendants sued under a co""on cause of action #ho had p!eaded a co""on defensesha!! appear at the pre!i"inar conference.

No postpone"ent of the pre!i"inar conference sha!! be granted except for high!

"eritorious grounds and #ithout prejudice to such sanctions as the court in the exercise ofsound discretion "a i"pose on the "ovant. $n%

Sec. 6. Record of preliminary conference ithin five $)% das after the ter"ination of thepre!i"inar conference, the court sha!! issue an order stating the "atters ta3en up therein,inc!uding but not !i"ited to8

1. hether the parties have arrived at an a"icab!e sett!e"ent, and if so, the ter"s thereof9'. The stipu!ations or ad"issions entered into b the parties9*. hether, on the basis of the p!eadings and the stipu!ations and ad"issions "ade b the

parties, judg"ent "a be rendered #ithout the need of further proceedings, in #hich event thejudg"ent sha!! be rendered #ithin thirt $*2% das fro" issuance of the order9

+. - c!ear specification of "ateria! facts #hich re"ain controverted9 and). Such other "atters intended to expedite the disposition of the case. $7, S/%

Sec. 12. Submission of affidaits and position papers ithin ten $12% das fro" receipt ofthe order "entioned in the next preceding section, the parties sha!! sub"it the affidavits of their#itnesses and other evidence on the factua! issues defined in the order, together #ith theirposition papers setting forth the !a# and the facts re!ied upon b the". $6, S/%

Sec. 11. Period for rendition of !udgment ithin thirt $*2% das after receipt of theaffidavits and position papers, or the expiration of the period for fi!ing the sa"e, the court sha!!render judg"ent.

:o#ever, shou!d the court find it necessar to c!arif certain "ateria! facts, it "a, during

the said period, issue an order specifing the "atters to be c!arified, and re;uire the parties tosub"it affidavits or other evidence on the said "atters #ithin ten $12% das fro" receipt of saidorder.


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Sec. 1'.Referral for conciliation Cases re;uiring referra! for conci!iation, #here there isno sho#ing of co"p!iance #ith such re;uire"ent, sha!! be dis"issed #ithout prejudice, and"a be revived on! after that re;uire"ent sha!! have been co"p!ied #ith. $17a, S/%

Sec. 1*. Prohibited pleadings and motions The fo!!o#ing petitions, "otions, or p!eadingssha!! not be a!!o#ed8

1. &otion to dis"iss the co"p!aint except on the ground of !ac3 of jurisdiction over thesubject "atter, or fai!ure to co"p! #ith section 1'9

'. &otion for a bi!! of particu!ars9*. &otion for ne# tria!, or for reconsideration of a judg"ent, or for reopening of tria!9+. /etition for re!ief fro" judg"ent9). &otion for extension of ti"e to fi!e p!eadings, affidavits or an other paper90. &e"oranda94. /etition for certiorari, "anda"us, or prohibition against an inter!ocutor order issued b

the court97. &otion to dec!are the defendant in defau!t96. =i!ator "otions for postpone"ent9

12. ep!911. Thirdpart co"p!aints91'. Interventions. $16a, S/%

Sec. 1+.Affidaits The affidavits re;uired to be sub"itted under this u!e sha!! state on!facts of direct persona! 3no#!edge of the affiants #hich are ad"issib!e in evidence, and sha!!sho# their co"petence to testif to the "atters stated therein.

- vio!ation of this re;uire"ent "a subject the part or the counse! #ho sub"its the sa"eto discip!inar action, and sha!! be cause to expunge the inad"issib!e affidavit or portionthereof fro" the record. $'2, S/%

Sec. 1). Preliminary in!unction. The court "a grant pre!i"inar injunction, in accordance

#ith the provisions of u!e )7 hereof, to prevent the defendant fro" co""itting further acts ofdispossession against the p!aintiff.

- possessor deprived of his possession through forcib!e entr or un!a#fu! detainer "a,#ithin five $)% das fro" the fi!ing of the co"p!aint, present a "otion in the action for forcib!eentr or un!a#fu! detainer for the issuance of a #rit of pre!i"inar "andator injunction torestore hi" in his possession. The court sha!! decide the "otion #ithin thirt $*2% das fro" thefi!ing thereof. $*a%

Q:Can the court issue a writ of preliminary in3unction -

A:?ES under Section %! to prevent the defendant from further acts of disposition.

Q:Can the plaintiff file in an action for UD and FE a petition for mandatory in3unction -A:?ES

Q: "s the remedy of preliminary in3unction available in UD and FE cases! especially theremedy of preliminary mandatory in3unction to restore the plaintiff immediately in thepossession of real property-

A:?ES.



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"f you loo, at Article 7 of the :ew Civil Code! 0reliminary andatory "n3unction ;0"< isonly possible in FE cases. /here is no such thin2 under the CC as 0" in UD cases. ?ou cannot2et a 0" a2ainst your lessee.

#ut you loo, at the new law! Section % ,A possessor deprived of his possession throu$h forcible

entry or unlaful detainer-/herefore the remedy of 0" has been made applicable also unde

the new rules to UD cases. :a2in2 broader na.

/he applicability of 0" in UD cases was first laid down by the SC before %( in the case of

!AB vs. R> of CA0;8A/DA ;ranch 41! %% SCRA 6%&.

#efore! " was wonderin2 when this thin2 came out. +ow about the ob3ection5 Did the Rules ofCourt a procedural law! amended the Civil Code which is a substantive law- /his is tantamountto Rules of Court amendin2 Article 7 of the CC. @f course may reason tala2a an2 SC nyan. #utwhere did the SC 2et also that rule-

" went bac, to the case of DAY vs. RTC to find out the basis. And the SC said it wasauthoriHed by SEC 77 of the udiciary aw #0 %1 that /C can issue 0rovisional Remedies in alcases.

>$1% Exc!usive origina! jurisdiction over civi! actions and probate proceedings, testate andintestate, inc!uding the grant of provisiona! re"edies in proper cases?@ Sec. **, A/ 1'6

/hatMs how the SC e$plained. Actually! the udiciary aw is substantive law. /his was passedby the Con2ress. So in effect! the udiciary aw has already amended Article 7 of CC which isalso a substantive law. "t is not the SC that modified or e$panded the substantive ri2ht in theCC. "t was the Con2ress and the SC is 3ust interpretin2 it. ?aanN

/his reminds me about the first 'uestion as,ed in 0olitical aw in last SundayMs #ar E$am5 A

senator ma,es a remar,5 Jhe upre#e >ourt is a continuin$ constitutional convention.- !o you

a$ree or disa$ree'

Actually! both sides are defensible. #ut you have to understand what the 'uestion is*

because if you cannot understand! it can bother you5 ho can the > be a constitutional

convention here a constitution can only be a#ended by a convention called for that purpose by the

>on$ress in *oint session' o can the > a#end the constitution' hat ould be unconstitutional3

#ut you 2o deeper5 ho interpret the >onstitution'Supreme Court man baN aya n2a sabi n2

isan2 American ustice5 ?he >onstitution is hat the upre#e >ourt says.@ahit mali an2 pa2interpret! tama man baN. And ta,e note! decisions of the SC form part of the law of the land. Soeverytime there is a constitutional issue and the SC interprets it! they are made into doctrinesSo in effect! you can say that the SC ,eeps on amendin2 the Constitution by interpretin2 thedifferent provisions of the Constitution. So in that sense! the SC is a continuin2 constitutiona

convention.

SEC. 10. Resoling defense of ownership. hen the defendant raises the defense ofo#nership in his p!eadings and the ;uestion of possession cannot be reso!ved #ithout decidingthe issue of o#nership, the issue of o#nership sha!! be reso!ved on! to deter"ine the issue ofpossession. $+a%

:ow this is ta,en almost word for word from the udiciary aw! Sec 77.



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udiciary aw Sec 77 urisdiction of 0>" R> and 0>> in >ivil >ases

>?'.Exc!usive origina! jurisdiction over cases of BE and ( provided that #hen in so"e cases the defendantraises the ;uestion of o#nership in his p!eadings and the ;uestion of possession cannot be reso!ved #ithoutdeciding the issue of o#nership. The issue of o#nership sha!! be reso!ved on! to deter"ine the issue of possession.>

./he lan2ua2e is identical. So this is ta,en from that provision.

"n FE and UD! the issue or controversy is possession. @wnership is irrelevant! immaterial in

FE and UD. :ot even possession as a ri2ht or possession de *urebut purely physical possession/hat is why a s'uatter can file an action for FE! even if technically! he has no le2al ri2ht to theproperty he is possessin2. 4hy- #ecause ownership is not the issue. 4ho has the le2al ri2ht

should be threshed out in accion publiciana.

/he only issue is the recovery of physical possession.

Q:4hat happens if there is also the issue of ownership- Can the /C rule on the issue ofownership if it is raised-

A: ?ES! if it is necessary to rule on the issue of possession. Sometimes the issue opossession hin2es on the issue of ownership. #ut if the court says that based on the evidencethe court is of the opinion that the owner is A! that is a declaration of ownership which is only

pri#a facie. /he court really has no power to rule on the issue of ownership in FE and UD.

"f you want to 'uarrel on ownership! you want to find out who really is the owner! punta,ayo sa R/C* dun ,ayo ma2 away! huwa2 dito.#ut if " ;/C< will rule on ownership only as a

preliminary step only to decide on the issue. /hat is only pri#a facie.

/hat is why the SC said 54hen the defendant raises the defense of ownership in hispleadin2s and the 'uestion of possession cannot be resolved without decidin2 on the issue oownership! the issue of ownership shall be resolved only to determine the issue of possession

/he decision of ownership is not final. /hat should be decided with the R/C

Q:"s it possible that we have two cases a2ainst each other- "n the /C on possession in theFE or UD! in the R/C we are fi2htin2 on the issue of ownership.

A:?ES. /here is no interference.

Q: Suppose " file a case a2ainst you for FE or UD. :ow you file a case also in the R/C whereyou raise the issue that you are the owner. "Im claimin2 possession in the /C and you are

claimin2 ownership in the R/C. Suppose the person claimin2 ownership would say! +Alri$ht"

since e are " the 0> should not try the case of FE or

U!. he cases of FE or U! should be dis#issed because the issue of onership is bein$ liti$ated in

the R>.- "s that a correct position-

A::@. /he two can continue. R/C decides on ownership! the /C decides on possession/he two are separate issues. "f " will file a case a2ainst you for FE or UD! which is actually asummary proceedin2 for e3ectment! you can easily defeat that by filin2 a case a2ainst me in theR/C where you raise the issue of ownership! althou2h your opposition is not serious. ?ou wilthen contest the ownership 3ust to ,ill my case. /hat would be improper.

REFUGIA vs.CA!1> SCRA 7B(. uly ! %6



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+ED:#y virtue of the e$press mandate set forth in Section 77! para2raph 1 of

the udiciary aw! which is also Section %6! inferior courts or first level courts! i.e./C! have the power to resolve the 'uestion of ownership raised as an incident of ane3ectment case where the determination thereof is necessary for a proper andcomplete ad3udication on the issue of possession. Any such pronouncements madeaffectin2 ownership is to be re2arded merely as provisional.

+ence it will not bar nor pre3udice an action between the same parties involvin2title to the land.

HILARIO vs.COURT OF APPEALS16& SCRA B1&

+ED5 Even where the defendant alle2es ownership or title to the property in hisor her answer! the first level court will not be divested of its 3urisdiction. ;"t will not bedeprived of its role< A contrary rule will pave the way for the defendant to trifle withthe e3ectment suit which is summary in nature. +e could easily defeat the samethrou2h the simple e$pedient of assertin2 ownership.

"n the /C! we are 'uarrellin2 with the issue of possession. "n the R/C! we are 'uarrellin2with the issue on ownership. /he /C does not have to 2ive way to the 3urisdiction of the R/C

/hat is the principle to remember.

/here are some RARE instatnces na bali,tad pa n2a. /here are two cases between thesame parties and the court said everythin2 should be decided on the e3ectment case or UD. "tshould be the R/C ;to 2ive way for the /C6


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%. /he first by Formentira i.e. dama2es with 0reliminary "n3unction9 and1. /he second was filed by U0S" for e3ectment.

"SSUE:4hich of the two cases shall ta,e precedence over the other- "f we followthe rule of firstcomefirstserve! we will conclude that the case filed by U0S" ;thesecond case< should be dismissed.

+ED5 FormentiraIs action for dama2es should be dismissed. "t is the R/C casefiled ahead that should be dismissed. Formentira cannot deny that the complaint fordama2es ta,en in its full conte$t was meant to prevent U0S" from e3ectin2 her. /he

main action ,unuhay! is dama2es. unuhay lan2 baN #ut with the prayer forin3unction! in effect she is usin2 the case for dama2es to stop her e3ectment from theapartment. +er complaint for dama2es bears unmista,able earmar,s that show of itstrue nature and character! touchin2 as it does! on her alle2ed ri2ht to continuepossession of the premises.

/hou2h not couched in specific terms! Formentira is virtually as,in2 for anindefinite e$tension of the lease of the disputed premises. Admittedly! while sheclaims indemnity for what she believes were wron2ful and ille2al acts committeda2ainst her by the U0S"! it is nevertheless indisputable that the pivotal issue

presented by the complaint involves the determination of her ri2ht or the lac, of itover the disputed property. "t follows therefore that the dama2es alle2edly sufferedby her is merely an incident to the 'uestion of possession disputed by the parties.

/he issue of whether Formentira has the ri2ht should be threshed out in ane3ectment suit and not an action for dama2es! thou2h the 'uestion of possession isli,ewise in issue. 4e cannot simply i2nore the fact that Formentira! after herun3ustified refusal to vacate the premises was aware that an e3ectment case a2ainsther was forthcomin2.

Sec. 14. "udgment. If after tria! the court finds that the a!!egations of the co"p!aint are true,it sha!! render judg"ent in favor of the p!aintiff for the restitution of the pre"ises, the su" just!due as arrears of rent or as reasonab!e co"pensation for the use and occupation of thepre"ises, attorne5s fees and costs. If it finds that said a!!egations are not true, it sha!! render

judg"ent for the defendant to recover his costs. If a counterc!ai" is estab!ished, the court sha!!render judg"ent for the su" found in arrears fro" either part and a#ard costs as justicere;uires. $0a%

/here will be hearin2! and after these and the court finds that the alle2ations in thecomplaint are true! it shall render 3ud2ement in favor of the plaintiff.

Q:Ano an2 3ud2ment-A5 /he 3ud2ment orderin2 the defendant to vacate .the property involved or the restitution*

surrender the possession! the sums due as arrears of rent. So if UD! you pay all the bac,rentals. And the bac, rental could 2o as hi2h as more than 01&&!&&& or as reasonablecompensation for the use and occupation of the premises.

For e$ample! in FE! what rentals are you tal,in2 about- +ow can you compute the rental- "it is UD! ,laro. /he rental of the lessee is! lets say 01!&&& a month. un2 FE anon2 rental an2

sinasabi mo dun- 4ala man2 rental! s'uatter man yan. #ut he has to pay*the reasonable

co#pensation of the use and occupation of the pre#ises. eanin2! how much! by way of dama2esis the plaintiff entitled to recover for the use and occupation of the property.

/he court will now fi$ the reasonable compensation. /he court can also award attorneyIsfees and costs. "t should not e$ceed 01&!&&&.



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"f the alle2ations are not true! then the case will be dismissed and if there is a counterclaimthe same can be awarded.

Q:Suppose you occupy my property! so " file FE. " will pray for e3ectment! payment fo

reasonable compensation for the use of my property! attorneyMs fees! costs! dama2es i.e.mora

and e$emplary! unrealiHed profits ;somebody wanted to lease my property but cannot ,asandyan ,aN


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Sec. 16. I""ediate execution of judg"ent9 ho# to sta sa"e if judg"ent is rendered against thedefendant, execution sha!! issue i""ediate! upon "otion, un!ess an appea! has been perfected andthe defendant to sta execution fi!es a sufficient supersedeas bond, approved b the &unicipa! Tria!Court and executed in favor of the p!aintiff to pa the rents, da"ages, and costs accruing do#n to

the ti"e of the judg"ent appea!ed fro", and un!ess, during the pendenc of the appea!, he deposits#ith the appe!!ate court the a"ount of rent due fro" ti"e to ti"e under the contract, if an, asdeter"ined b the judg"ent of the &unicipa! Tria! Court. In the absence of a contract, he sha!!deposit #ith the egiona! Tria! Court the reasonab!e va!ue of the use and occupation of thepre"ises for the preceding "onth or period at the rate deter"ined b the judg"ent of the !o#ercourt on or before the tenth da of each succeeding "onth or period. The supersedeas bond sha!!be trans"itted b the &unicipa! Tria! Court, #ith the other papers, to the c!er3 of the egiona! Tria!Court to #hich the action is appea!ed.

-!! a"ounts so paid to the appe!!ate court sha!! be deposited #ith said court or authoriedgovern"ent depositar ban3, and sha!! be he!d there unti! the fina! disposition of the appea!, un!essthe court, b agree"ent of the interested parties, or in the absence of reasonab!e grounds ofopposition to a "otion to #ithdra#, or for justifiab!e reasons, sha!! decree other#ise. Shou!d the

defendant fai! to "a3e the pa"ents above prescribed fro" ti"e to ti"e during the pendenc of theappea!, the appe!!ate court, upon "otion of the p!aintiff, and upon proof of such fai!ure, sha!! orderthe execution of the judg"ent appea!ed fro" #ith respect to the restoration of possession, but suchexecution sha!! not be a bar to the appea! ta3ing its course unti! the fina! disposition thereof on the"erits.

-fter the case is decided b the egiona! Tria! Court, an "one paid to the court b thedefendant for purposes of the sta of execution sha!! be disposed of in accordance #ith theprovisions of the judg"ent of the egiona! Tria! Court. In an case #herein it appears that thedefendant has been deprived of the !a#fu! possession of !and or bui!ding pending the appea! bvirtue of the execution of the judg"ent of the &unicipa! Tria! Court, da"ages for such deprivation ofpossession and restoration of possession "a be a!!o#ed the defendant in the judg"ent of theegiona! Tria! Court disposing of the appea!. $7a%

0laintiff files a complaint for FE or UD. /he complaint prays for the decision to order thedefendant to vacate the property. Chances are rentals are included. After the hearin2! the

court renders the 3ud2ment5 +9EREF8RE. findin$ the plaintiff to have proven his cause of

action" the sa#e bein$ #eritorious" the court hereby (orders the defendant) to pay all his unpaid

rentals" be$innin$ last year" at the rate of P4"555 a #onth" until he vacates.+ @r ,un2 FE" +pay

P4"555 as reasonable co#pensation for the occupation of the property fro# the ti#e he entered it to

the ti#e he vacates.+ plus attorneyKs fees. o oredered.-

So panalo ,a. /he decision will be furnished to you. Followin2 the usual pattern.

"f we follow the 2eneral rules of civil procedure! the 3ud2ement is not yet final. /hedefendant has % days to appeal. :ow under the Rules! the plaintiff can file a motion toe$ecute after the period to appeal! when there is no appeal.

/hat is the rule! althou2h as an e&ception! the plaintiff can file a motion for discretionary

e$ecution i.e.e$ecution pendin2 appeal! provided there is a $ood reason* yun lan2. So ,un2

walan2 $ood reason! pasensya. So you have to convince the court that there is a $ood reason@therwise you stic, to the 2eneral rule.



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:ow! " file a case of FE a2ainst you or UD. Decision* panalo a,o. @f course we assume tha" will also receive the decision today. "t is not yet final. :ow! under Section %! tomorrow! " wilfile a motion for immediate e$ecution! because under the Rules! the 3ud2ement for UD or FE is"ED"A/E? e$ecutory.

0ala2 si Cholo5 +4ala man2$ood reason'+

Q:Does the plaintiff have to cite $ood reason-

A::o $ood reason is re'uired. /he only reason is 8 I on. And accordin2 to the SC O it is a

ministerial duty of the /C to order.+ +indi ,ailan2an na you have to wait for the 3ud2ment tobecome final. "t is not necessary that you wait for it to be final 8 that is only applicable toordinary cases. 0a2tan22ap*file ,a bu,as. And the court will issue an order of e$ecution*because under Section % Oa 3ud2ement is immediately e$ecutoryO.

/hat is a uni'ue rule no- (tuod $id eh3)

4e will now 2o to the side of the defendant. So there is now an order to e3ect you. /hesheriff will 2o to you anytime and ,ic, you out. "s there a way for me to stop him-

Q:;As defendant< Can " stop the order of e$ecution-

A:?ES. /here are three ;7< thin2s that you must do5

%. Bou #ust appeal.% ?ou must appeal the 3ud2ement to the R/C. Appeal to the R/C.eanin2! prevent the 3ud2ment from becomin2 final.

1. he defendant #ust file a supersedeas bond to the R>. Ano an2 supresedeas bond-A supersedeas bond will answer for all the amount due to the plaintiff up to the dateof the 3ud2ment.

+alimbawa an2 bac,rentals mo ay one year na. ?ou have not been payin2your rentals for a year. At 0%!&&& a month! lets say 0%1!&&&. ?ou post a

supersedeas bond for 0%1!&&&. "f the rental is 01!&&& a month! you pay a bond o01B!&&&.

?ou appeal! file bond! and you let the court approve the bond. 4ith that the/C will now withdraw the order of e$ecution.

?our appeal will now proceed. /he records will be elevated to the R/C. /hemoney you deposited will be with the cler, of court. 4hen the case reaches theR/C you do the third re'uirement.

Remember! you filed the bond to answer the accounts due to the plaintifunder the 3ud2ement.

7. 0a2datin2 sa R/C! be sure that every month you 2o to the office of the cler, of courtBou #a2e periodical deposits of the rents fallin$ due durin$ the pendency of the appeal

every #onth. E$ample! each month 01!&&& ;if such is the monthly rental


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4hat happens if nalimutan mo- :alimutan* - 4hat will the plaintiff do-/he plaintiff! throu2h his lawyer will now file a motion to e$ecute in the R/C* toe$ecute the 3ud2ement of the /C. #a,it- :oncompliance. Accordin2 to

3urisprudence! it is the ministerial duty of the R/C to order the e$ecution.

So out. 0aano yun2 appeal mo- /uloyN ?our appeal will continue! but in themeantime! out ,a. un2 nanalo ,a! pabali,in ,a. "n the meantime! out ,aN

/he purpose of this law is to prevent the prolon2ed a2ony of the plaintiff.. /hes'uatter or the delin'uent lesee can always delay. ahit na talo na si2e appeal*

appeal* appeal (isan$ appeal pa appeal3 u##3). /hese are the countermeasures.

Remember the three re'uirements. ?ou fail to observe one! yari ,aN. /hat is the rule/hese are all intended to restore the possession of the property to the plaintiff. /hat is the ruleto remember. /his is uni'ue eh.

Q::ow! when do you file the supersedeas bond- 4hat if " file my notice of appeal on the

%&th day! and the bond on the %6th-A:/he SC said! EPECU/EN /he supersedeas bond should be deposited to2ether within the %

days. +indi pwede mae$tend. :@ EP/E:S"@: for the filin2 of the supersedeas bond.

CORDOVA vs.GABAYLEN1B SCRA %(1! @ctober %&! %

+ED5 4hile it is true therefore that defendant deposited the amount whichappro$imates the monetary 3ud2ment for unpaid rentals! since the same was filedlate! it could not 'ualify as a supersedeas bond. 4hat is considered material for thepurpose of the stay of e$ecution pendin2 appeal under Rule (& is not the fact ofpayment but more importantly! the timeliness of the filin2 of the supersedeas bond.E$ecution could not be le2ally stayed by reason of the admittedly belated filin2 of the

afore'uoted supersedeas bond.

CHUA vs.COURT OF APPEALS1>6 SCRA B7(! February 1B! %>

"SSUE5 4hen do you file the supersedeas bond- :ow there is no problem aboutthe notice of appeal. ?our notice of appeal is filed within % days! otherwise it is fileout of time. #ut is there a deadline for the filin2 of the supersedeas bond- "f youloo, at the law! wala man.

+ED5 "f the defendantappellant perfected the appeal but failed to file asupersedeas bond! immediate e$ecution of the 3ud2ement automatically follows.Conversely! the filin2 of the supersedeas bond will not stay the e$ecution if the

appeal is not perfected also. ;ailan2an dalawaruL v. u$o (MM Phil)" the person unde



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obli2ation to ma,e the rental deposits is the defendant. :ot the plaintiff. #ut let us see whahappened in the case of

CITY OF MANILA vs.CA%B SCRA %&

FAC/S5 "n a case involvin2 the premises of an underpass in the Guiapo district!which is owned by the City of anila! below are stalls which the City is leasin2. /hestall owners were payin2 rentals per month! lets say 0B!&&& a month. anilaincreased the rental! letIs say from 0B!&&& to 06!&&&. Ayaw nila. /hey refuse to pay.

/he City filed UD. /he old city court of anila rendered a decision upon.. .

#":A?@/ #A5 +82" the >ity >an increase the rental fro# PJ"555 to P7"555K. +alfwaybahN 0aya2 an2 m2a store owners. "t is the City that is a22rieved! and it appealed."t appealed on that issue on whether the court was authoriHed to fi$ its own rate asa2ainst what the lessor is settin2. So appeal. And when the appeal was 2oin2 on!these defendants did not deposit in the cler, of court the 0!&&& monthly rental. Sothat City moved to e$ecute. /he 3ud2ement.

+ED5 /he SC said that the rule that immediate e$ecution of 3ud2ement should be

applied is not only when it is the defendant appealin2 but also when it is the plaintiffappealin2. #oth sides.

Remember that the decision of the city court is 0!&&&! ayaw n2 City. ",aw;defendant

($a$o3)N /here is somethin2 wron2 there. ?ou are not 'uestionin2 the decision yet yourefuse to deposit. So you should deposit.

J4e rule that Sec. > of Rule (& ;referrin2 to the %6B Rules< can apply even if it isthe lessor who appeals in the sense that in such a case! if the lessee desires toprevent e$ecution pendin2 appeal! he ;the lessee< must still file the supersedeas

bond and deposit in court the accruin2 rentals. @ur doctrine in >RUC" E A. vs.

FER/A/!8 UD8" E A. is reversed insofar as it conflicts with the present case./he rationale for @ur rulin2 is simple5 why should the lessee continue occupyin2 thepremises without filin2 the supersedeas bond and ma,in2 the necessary deposit forensuin2 rentals ;particularly when! by his failure to appeal! the lessee does not'uestion said accrued and incomin2 rents


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/hat is different from yun2 failure to file the supersedeas bond

Sec. '1. #mmediate e$ecution on appeal to %ourt of Appeals or Supreme %ourt Thejudg"ent of the egiona! Tria! Court against the defendant sha!! be i""ediate! executor,#ithout prejudice to a further appea! that "a be ta3en therefro". $12a%

So! talo ,a sa /C! you appeal to the R/C! you post bond! pay rentals! so plaintiff cannofile for e$ecution pendin2 appeal.

:atalo ,a parin sa R/C. Appeal ,a sa CA under Rule B1! 0etition for Review. #ut " will file amotion to e$ecute because the decision of the R/C is immediately e$ecutory.

?ou can appeal and cause more delay of a case under the summary procedure.

Under Section %(! you will file a motion in the R/C for the e$ecution of the /C decision/he R/C decided to affirm the decision! so you will also file another motion for e$ecution undeSection 1%.

Q:4here will you file your motion to e$ecute under Section 1%-A:/C or R/C.

Q:4hat are you actually e$ecutin2-

A: /he decision of the R/C or the /C as affirmed by the R/C.;City of anila vs. CA! 1&BSCRA9 S? vs. Romero! 1%B SCRA9 Salientes vs. "AC! 1B6 SCRA %& Q% the latest.

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Rule 70 sp. civ axn