Beruflich Dokumente
Kultur Dokumente
possession
FISTS
thru
it is not required
As to the
necessity of
demand to
vacate
virtue
of
the
expiration of his
right to possess
the property.
the demand is a
jurisdictional
requirement,
therefore,
the
plaintiff
should
first
make
a
demand
as
a
jurisdictional
requirement.
2 demands:
1. Demand to pay
the
rent
or
comply with the
conditions of the
contract.
2. Demand to
vacate.
When you say
jurisdictional,
dapat
naka
emphasize
or
nakastate
yan
sya sa complaint
for the purpose of
determination of
jurisdiction.
As to proof of
prior possession
When to reckon
the 1 year for the
filing of action?
last demand.
that the plaintiff
is
in
prior
physical
possession of the
property and as
unlawfully
deprived
of
possession
through fists
Important
Allegation
plaintiff
should
admit
the
defendant was in
possession legally
and is unlawfully
withholding
possession after
you have asked
him to vacate the
said premises.
as to the actual possession of the property. So, in other words, the issue in ownership is not res adjudicata. Later on, you can raise
ownership in another forum. however that the determination of the court is only provisional in nature. Later on if the parties so desire
to institute a different or separate action to determine the issue on ownership, pwede pa.
The court can receive evidence on possession de jure. Diba sabi natin accion interdictal, possession de facto. Only to determine the
nature of possession. More on the preliminaries lang sya.
Note also that the issue of ownership can be resolved by the MTC and the same will not deprive the MTC of its jurisdiction.
PRELIMINARY CONFERENCE
Section 8. Preliminary conference; appearance of parties. Not
later than thirty (30) days after the last answer is filed, a preliminary
conference shall be held. The provisions of Rule 18 on pre-trial
shall be applicable to the preliminary conference unless
inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary conference
shall be cause for the dismissal of his complaint. The defendant
who appears in the absence of the plaintiff shall be entitled to
judgment on his counterclaim in accordance with the next
preceding section. All cross-claims shall be dismissed. (7, RSP)
If a sole defendant shall fail to appear, the plaintiff shall likewise be
entitled to judgment in accordance with the next preceding section.
This procedure shall not apply where one of two or more
defendants sued under a common cause of action defense shall
appear at the preliminary conference.
No postponement of the preliminary conference shall be granted
except for highly meritorious grounds and without prejudice to such
sanctions as the court in the exercise of sound discretion may
impose on the movant. (n)
Another important point: not later than 30days after the last answer is filed, a preliminary conference shall be held. So the court is
mandated to conduct a preliminary conference.
Q: WHEN YOU SAY PRELIMINARY CONFERENCE, IS THAT THE SAME AS A PRE-TRIAL CONFERENCE? KASI SABI NG LAW,
R18 IS APPLICABLE.
A: No the two are not the same. In civil cases, before the trial proper, there is still a pre-trial conference. In FE and UD on the
otherhand, what is to be conducted is a preliminary conference only. But Rule 18 is applicable.
Q: WHAT IF THE PLAINTIFF FAILS TO APPEAR DURING THE PRELIMINARY CONFERENCE, WHAT WILL HAPPEN? A: It shall be
cause for the dismissal of his complaint and all cross-claims shall all be dismissed. Itong cross claims ano to sila? Damages.
Q: ANO NGAYON ANG REMEDY NG PLAINTIFF IF THE CASE WAS DISMISSED FOR HIS FAILURE TO APPEAR?
A: He may file a Motion for reconsideration. That is based on the case of Lucas vs. Cabros, 324 S 1. In the said case, if the plaintiff
fails to appear during the preliminary conference, the case shall be dismissed and the defendant who appears shall be entitled to the
judgment on his counter-claim.
Q: WHAT IF IT WAS DEFENDANT WHO FAILS TO APPEAR?
A: Plaintiff shall be entitled to judgment.
Q: WHAT HAPPENS DURING THE PRECON?
Section 9. Record of preliminary conference. Within five (5)
days after the termination of the preliminary conference, the court
shall issue an order stating the matters taken up therein, including
but not limited to:
1. Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by the
parties;
3. Whether, on the basis of the pleadings and the
stipulations and admission made by the parties, judgment
may be rendered without the need of further proceedings,
in which event the judgment shall be rendered within
thirty (30) days from issuance of the order;
4. A clear specification of material facts which remain
converted; and
5. Such other matters intended to expedite the disposition
of the case. (8, RSP)
A: The court will issue an order stating the matters taken up during the pre con within 5 days after the termination of the same, and
the contents of the order are the following:
1. Whether the parties have a right to call settlement
2. Their stipulations and admissions
3. On The basis of the pleadings, stipulations and additions made by the parties, judgment may be rendered thereon.
However, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying
the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days
from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last affidavit or the expiration of
the period for filing the same.
The court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment.
Q: PAG SUMMARY PROCEDURE KAILANGAN PA BA MAG-PRESENT NG EVIDENCE ANG PLAINTIFF AND MAG-TESTIFY SIYA
IN COURT?
A: No! Summary procedure eh. Kaya nga ditto, the court will rule based on the papers submitted by the parties. Kaya nga the parties
are required to submit affidavits of their witnesses together with their position paper. No more hearing, except for the pre-trial
conference na mag harap harap ang mga parties.
Q: WHAT IS THE EFFECT OF JUDGMENT?
Section 17. Judgment. If after trial court finds that the
allegations of the complaint are true, it shall render judgment in
favor of the plaintiff for the restitution of the premises, the sum justly
due as arrears of rent or as reasonable compensation for the use
and occupation of the premises, attorney's fees and costs. If a
counterclaim is established, the court shall render judgment for the
sum found in arrears from either party and award costs as justice
requires.
A: The leading case here is the case of Sunflower neighbourhood (Assoc. v. CA, 410 S 318). The SC ruled that a judgment in an
Ejectment suit is binding not only upon the defendant in the suit, but also against those not made parties thereto if they are:
1. Trespassers, squatters or agents of the defendant fraudulently occupying the property to frustrate the judgment;
2. guests or other occupants of the premises with the permission of the defendant;
File an
Execution of judgment:
Q: IF THE MTC RENDERS AN ADVERSE JUDGMENT AGAINST THE DEFENDANT IN AN EJECTMENT CASE, MAY EXECUTION
ISSUE IMMEDIATELY EVEN IF JUDGMENT HAS NOT YET ATTAINED FINALITY?
Section 21. Immediate execution on appeal to Court of Appeals or
Supreme Court. The judgment of the Regional Trial Court
against the defendant shall be immediately executory, without
prejudice to a further appeal that may be taken therefrom. (10a)
A: Yes that is allowed because of the urgency of the need to restore the plaintiff of his possession. GR is that if judgment in a FE or
UD case is rendered against the defendant then execution shall issue immediately. It is immediately executory.
Remedy of the defendant:
To be exempt from this GR or to stay the execution of the judgment, you must do three things:
1. you must perfect your appeal. File the appeal within 15 days;
2. defendant should file a supersedeas bond approved by the MTC within 15 days;
3. Periodic deposit of rents before the appellate court. during the pendency of the appeal, the defendant should deposit before the
appellate court (RTC) the amount of the rent due from time to time under the contract, if any as determined by the judgment of the
MTC on or before the 10th day of each succeeding month.
Q: WHAT IF HINDI NAGAWA NG DEFENDANT LAHAT NG REQUIREMENTS, E.G NAG PERFECT LANG SIYA NG APPEAL, WHAT
WILL HAPPEN? WILL IT STAY THE EXECUTION OF THE JUDGMENT?
A: NO! kasi you have to do all three to stay the immediate execution of the judgment under R70.
Q: WHAT IS THE PURPOSE OF THE SUPERSEDEAS BOND?
A: Shall answer for all the amounts due to the plaintiff up to the date of judgment.
Again, the supersedeas bond is equivalent to the amount of rents, damages and costs stated in the judgment of the MTC. The
supersedeas bond should be filed with the period for the perfection of the appeal and be filed with the MTC and it requires that it be
approved by the MTC. Take note also that after the perfection of the appeal, the records of the case will now be forwarded to the
appellate court to the RTC. So saan na I file ang supersedeas bond? It should be filed before the RTC. Upon perfection of the appeal,
doon na sa RTC.
Q: WHAT IS THE PURPOSE OF THE PERIODIC PAYMENTS? NOTE THAT IS THE THIRD REQUIREMENT FOR THE STAY OF
EXECUTION.
A: it shall answer for the rents accruing during the pendency of the appeal. Case in point (Chua v. CA, g.r. 113886, February 24,
1998. )
WHAT IS THE CORRECT PROCEDURE?
A: Although the decision is immediately executory, the judge should not order immediate execution of his decision.
This is based on the case of Lu v. Shapno,335 S 181. BAKIT NA NAMAN?
A: there must be a notice of the judgment and a motion for execution with notice to the adverse party. Case in point is Kaw v.
Anunciacion. 242 S 1. Although it is immediately executory but still kailangan pa ng motion for execution.
Q: ASSUME THAT THE PLAINTIFF WON THE CLAIMS, SO THE COURT WILL ORDER NA IBALIK SIYA IN POSSESSION OF THE
SAID PROPERTY. WHAT IF THE DEFENDANT WILL NOT VACATE, WHAT IS THE REMEDY?
A: The writ of execution will now be enforced by the court sheriff and the sheriff will forcibly eject the losing defendant.
Q: WHAT IF AYAW NYA PARIN UMALIS?
A: File for contempt against the sheriff. Why? Because the writ of execution is directed to the sheriff, so the sheriff is mandated.
Q: WHAT ABOUT PRELIMINARY INJUNCTION, CAN THE COURT GRANT THIS PROVISIONAL REMEDY IN FE AND UD CASE?
A: Yes! The court may grant PI in accordance with R58 to prevent the defendant from committing further acts of dispossession against
the plaintiff. A possessor deprived of his possession may move for preliminary mandatory injunction within 5 days to restore him of
his possession of the property. The court shall then decide the motion within 30days from the filing thereof.
Q: HOW ABOUT MONETARY AWARDS, WHAT CAN BE AWARDED BY THE COURT IN FE AND UD CASES?
A: Damages. What kind of damages? Fair and reasonable value of the use and enjoyment of the property or rent arising form loss of
possession which is limited to:
1. The rent in arrears.
2. Liquidated damages since they are already part of the contract.
Damages other than reasonable rents or the fair rental value are not recoverable by the plaintiff.
Q: WHAT ABOUT ATTORNEY'S FEES, CAN THAT BE AWARDED BY THE COURTS?
A: Yes that is under Article 2208 of the Civil Code, but the same shall not exceed 20,000 pesos.
Q: SO AGAIN, WHAT DAMAGES MAY BE AWARDED?
A: Liquidated damages as they are already part of the contract.
Q: HOW ABOUT MORAL DAMAGES, CAN IT BE AWARDED?
A: No! Note that temperate, moral and exemplary damages are not recoverable!
Q: SO WHAT KIND OF DAMAGES MAY BE AWARDED?
A: 1. The fair and reasonable value of the use and enjoyment of the property or the rent arising from the loss of possession.
2. The rent in arrears
3. liquidated damages
4. attorney's fees not exceeding 20k pesos.
So under section 16
SECTION 16. Resolving defense of ownership. - When the
defendant raises the defense of ownership in his pleadings
and the question of possession cannot be resolved without
deciding the issue of ownership, the issue of ownership
shall be resolved only to determine the issue of possession.
Q: UNDER S16, RESOLVING THE DEFENSE OF OWNERSHIP, IS THE COURT ALLOWED TO RESOLVE ISSUES ON
OWNERSHIP?
A: yes! But the same determination is only prima facie and provisional hence no res adjudicata. Case in point is ( Refugia v. CA, 258
S 347) Even if the defendant alleges ownership, MTC will not be divested of jurisdiction.
Q: REGARDING THE ENFORCEABILITY AND THE BINDING EFFECT OF THE JUDGMENT IN FE AND UD CASES.
A: GR, the said judgment is enforceable only against the party sought to be ejected under a writ of execution EXCEPT
trespassers, squatters, transferees pendente lite, the sublessees and the family members and guests as mentioned earlier.
the
2. When the purpose of the action is not for ejectment but force the enforcement of the terms of the contract: ( Guanzon vs AngBan
77 phil 7)
Q: WHAT IF YOUR LEASE IS FOR MONTH TO MONTH
A: at the expiration of the said month, you should give your demand, to prevent the lease form being renewed impliedly. ( Chua vs
CA 60 SCRA 57)
Cross reference to Article 1687 of the CC
Article 1687. If the period for the lease has not been
fixed, it is understood to be from year to year, if the rent
agreed upon is annual; from month to month, if it is
monthly; from week to week, if the rent is weekly; and from
day to day, if the rent is to be paid daily. However, even
though a monthly rent is paid, and no period for the lease
has been set, the courts may fix a longer term for the lease
after the lessee has occupied the premises for over one
year. If the rent is weekly, the courts may likewise
determine a longer period after the lessee has been in
possession for over six months. In case of daily rent, the
courts may also fix a longer period after the lessee has
stayed in the place for over one month. (1581a)
(Penas Jr vs CA)
So note ha, demand to pay and demand to vacate. An alternative demand to either renew the expired lease contract at a higher
rental rate or vacate, is not a definite demand to vacate and therefore an insufficient basis for the filing of a case for UD. That is
based in the case of Penas Jr. v. CA, 233 S 744. Demand to pay the rental AND demand to vacate, yun ang kailangan ng law.
(Uy vs CA 178 SCRA 671)
Q: HOW ABOUT REFUSAL OR FAILURE TO COLLECT RENTALS, IS THAT A VALID DEFENSE IN UD CASES?
A: this is not a defense! There must be valid consignation. Consignation must be in the court or on the bank in the name of and
notice to the lessor and not to elsewhere. (Medina vs Ca 255
The case of (Cursino vs Bautista 176 SCRA 65)
Acceptance if back rentals after demand to vacate does not legitimize possession.
Another case is the case of (Caniza v. CA, 268 S 640.)An action for Ejectment is not abated by the death of the defendant because
the heirs become the substitute defendants. How about the executor or administrator? It should be the heirs.
Regarding that immediately executory judgment
(Acbang vs Honorable Luczon GR 164246 Jan 15, 2014)
Why is it immediately executory? It is in order to prevent further damage to the plaintiff arising from the loss of possession of the
property in question. .
RULE 71
Contempt
Q: SO WE ARE NOW WITH THE LAST RULE, THE RULE ON CONTEMPT. SO HOW DO WE DEFINE CONTEMPT?
A: Contempt is a remedy for the preservation of the dignity of the court against which it is committed. Case in point is (Calo jr. vs.
Ibarnez, 88 S 78. )
Q: IS THIS CONSIDERED AS AN INHERENT POWER OF THE COURT?
A: The power to punish contempt is inherent in all courts and is essential to the preservation of order in judicial proceedings and the
enforcement of judgment, orders and mandates of the courts and consequently to the due administration of justice.
Q: CAN QUASI-JUDICIAL BODIES PUNISH FOR CONTEMPT?
A: GR, NO. they do not have contempt powers unless authorized by law.
Q: How do you define contempt?
A: It is the defiance of authority, justice or dignity of the court when such conduct tends to break the authority and administration of
the law to disrespect or interfere with the parties, litigants or witnesses during litigation.
Q: What court has jurisdiction in contempt cases?
Section 5. Where charge to be filed. Where the charge for
indirect contempt has been committed against a Regional Trial
Court or a court of equivalent or higher rank, or against an officer
appointed by it, the charge may be filed with such court. Where
such contempt has been committed against a lower court, the
charge may be filed with the Regional Trial Court of the place in
which the lower court is sitting; but the proceedings may also be
instituted in such lower court subject to appeal to the Regional Trial
Court of such place in the same manner as provided in section 11
of this Rule. (4a; Bar Matter No. 803, 21 July 1998)
A: If a charge for direct contempt was committed against a RTC or a court of equivalent or higher rank, or against an officer appointed
by it, the contempt case should be filed before such court.
Where such contempt has been committed against a lower court, the charge may be filed before a RTC of the place where the lower
court is sitting. But execution of the judgment or final order shall not be suspended until a bond has been filed by the person
adjudged in contempt.
Q: WHAT ARE THE DIFFERENT KINDS OF CONTEMPT?
A:
Section 1. Direct contempt punished summarily. A person guilty
of misbehavior in the presence of or so near a court as to obstruct
or interrupt the proceedings before the same, including disrespect
toward the court, offensive personalities toward others, or refusal to
be sworn or to answer as a witness, or to subscribe an affidavit or
deposition when lawfully required to do so, may be summarily
adjudged in contempt by such court and punished by a fine not
exceeding two thousand pesos or imprisonment not exceeding ten
(10) days, or both, if it be a Regional Trial Court or a court of
equivalent or higher rank, or by a fine not exceeding two hundred
pesos or imprisonment not exceeding one (1) day, or both, if it be a
lower court. (1a
There is direct contempt or contempt facie curae (not sure of the spelling), consists of his behaviour committed in the presence of or
so near a court or judge as to obstruct or interrupt proceedings before the same. This is summarily made without any charge
necessary. So halimbawa lawyer kayo and nag hearing ang judge tapos nag ring ang cellphone mo bigla, can you be punished for
direct contempt? Yes because you obstruct the proceedings, and you can be fined. So that can be considered as direct contempt.
Q: WHAT IS YOUR REMEDY?
Section 2. Remedy therefrom. The person adjudged in direct
contempt by any court may not appeal therefrom, but may avail
himself of the remedies of certiorari or prohibition.
The execution of the judgment shall be suspended pending
resolution of such petition, provided such person files a bond fixed
by the court which rendered the judgment and conditioned that he
will abide by and perform the judgment should the petition be
decided against him. (2a)
The remedy of appeal is not available.
Q: HOW ABOUT INDIRECT OR CONSTRUCTIVE CONTEMPT?
Section 3. Indirect contempt to be punished after charge and
hearing. After a charge in writing has been filed, and an
opportunity given to the respondent to comment thereon within
such period as may be fixed by the court and to be heard by himself
or counsel, a person guilty of any of the following acts may be
punished for indirect contempt;
(a) Misbehavior of an officer of a court in the performance
of his official duties or in his official transactions;
(b) Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including the act of
a person who, after being dispossessed or ejected from
any real property by the judgment or process of any court
of competent jurisdiction, enters or attempts or induces
another to enter into or upon such real property, for the
purpose of executing acts of ownership or possession, or
in any manner disturbs the possession given to the
person adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
(d) Any improper conduct tending, directly or indirectly, to
impede, obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court,
and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or
Q: CAN YOU CHARACTERIZE INDIRECT CONTEMPT AS A CRIMINAL CONTEMPT? HOW DO YOU CHARACTERIZE CRIMINAL
OR CIVIL CONTEMPT?
The real characteristics of the proceeding in contempt cases is determined by the relation or by its dominant purpose. Thus, the
proceedings are regarded criminal when the purpose are primarily for punishment and civil when the purpose is remedial.
So, can you consider indirect contempt a criminal contempt? No pa rin because they are of different classification. So again,
classification of contempt as to the manner of commission is direct or indirect. As to their nature, civil or criminal.
Civil contempt: is failure to do something ordered to be done by the court or a judge for the benefit of the opposing party. It is
remedial or compensatory in nature.
Criminal contempt: on the otherhand is a contempt directed against the dignity and authority of the court, unlawfully assailing and
discrediting the authority of the court or judge or in doing a forbidden act. If it is criminal contempt, intent is a necessary element and
it is punitive in nature. Unlike civil contempt which is remedial and compensatory in nature. Case in point, ( REMMAH enterprise v.
CA, 268 S 68. )
Note that under R71, if you are charged with criminal contempt you can also be charged for direct contempt, hindi siya mag preclude.
Q: HOW DO YOU DISTINGUISH DIRECT AND INDIRECT CONTEMPT?
DIRECT
DISTINCTIONS
INDIRECT
near a court or
WHEN
it
can
be
judge
COMMITTED
committed
anywhere as long
as the acts in
section
3
are
present/committe
d
The person will NATURE OF THE Necessarily, there
be
summarily
PROCEEDINGS
should
be
a
adjudged by the
charge in writing
court.
before the court.
Summarily
adjudged
Certiorari
prohibition
HOW THE
PROCEEDNGS
ARE
COMMENCED
and
REMEDIES
is