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SUMMARY OF REMEDIES IN CIVIL PROCEDURE

BARANGAY CONCILIATION:

NON REFERRAL OF THE CASE WITH THE BARANGAY:

REMEDY: Defendant may file a Motion to Dismiss the case on the ground under sec 1 para (j)
Rule 16 based on failure to comply with the condition precedent. The dismissal of the case is
without prejudice.

REMEDIES for the Plaintiff:

1. Before the finality of the order of dismissal, comply with the requirement and motion to
revive;
2. After the order of dismissal becomes final and executor, re-file the case after compliance
with the condition precedent.

AMICABLE SETTLEMENT / COMPROMISE AGREEMENT / NON – COMPLIANCE:

REMEDIES:

1. Execution of the amicable settlement within six (6) months after date of settlement under
Sec 417 of RA 7160
2. Repudiation of the settlement within ten(10) days from the date of settlement by sworn
statement on the ground that the consent was vitiated by fraud, violence, or intimidation
under Sec 418 of RA 7160
3. Annulment of Compromise Agreement under Sec 416 of RA 7160
4. Issuance of Certificate to file action under Sec 418 of RA 7160

SMALL CLAIM CASES:

REMEDY: In case of monetary claims does not exceed P100,000.00 exclusive of interest and
costs, file complaint for small claims with the MTC / MCTC

IN CASE OF AVAILABLE GROUNDS FOR DISMISSAL UNDER RULE 16:

REMEDY of the Defendant: The grounds for the dismissal of the claim, under Rule 16, should
be pleaded.

RULE 2: CAUSE OF ACTION

RULE 2 SEC. 4: SPLITTING OF CAUSE OF ACTION

Remedy for the Defendant: File a Motion to Dismiss under Rule 16 Sec. 1 on the ground of Litis
Pedentia or if there is already a final decision in the first action; file on the ground of Res
Judicata
Remedy for the Plaintiff: File an Appeal the order granting the motion to dismiss since it is a
final order

RULE 5 SEC. 2: SEVERAL CAUSES OF ACTION

REMEDIES: If there are several causes of actions between the same parties joinder of causes of
action under Sec. 5 Rule 2

1. File a separate action on the other causes of action not joined without prejudice on the
joint trial or consolidation of action under Sec 1 Rule 31 or
2. File a Motion to Amend the pleadings joining the non-joined cause of action under Rule
10

RULE 2 SEC. 6: MISJOINDER OF CAUSES OF ACTION

REMEDY: File a Motion to Severe and to try the case separately

RULE 3: PARTIES TO THE ACTIONS

RULE 3 SEC 2: REAL PARTY IN INTEREST

REMEDY for the Defendant: if the case is not brought in the name or against the real party in
interest, a Motion to Dismiss may be filed on the ground that the complaint states no cause of
action under Sec 1(g) Rule 16

REMEDY for the Plaintiff: Refile the case

RULE 3 SEC 10: UNWILLING CO-PLAINTIFF:

REMEDIES:

1. Make the unwilling as one of the defendants


2. Implead the said unwilling co-plaintiff

RULE 3 SEC 11: MISJOINDER or NON-JOINDER OF PARTIES

Note: This is not a ground for the dismissal of the action

REMEDIES:

1. Motion to Implead
2. Strike out as party defendant
3. In case of misjoinder, a separate action can be filed against the party misjoined.

RULE 3 SEC 16: DEATH OF A PARTY

REMEDY: Motion for Substitution of parties


RULE 3 SEC 20: DEATH OF A PARTY ON A CONTRACTUAL MONEY CLAIMS:

REMEDY: Before entry of judgment, action shall continue and decision shall be enforced
against the estate of the deceased under Rule 86

RULE 3 SEC 21: PAUPER LITIGANT

REMEDIES:

1. Motion to prosecute as Pauper Litigant


2. On the part of the adverse party he may file an Opposition to the Motion contesting the
grant of such authority by showing that the plaintiff has means of livelihood or
properties.

RULE 4: VENUE OF ACTIONS

REMEDY for the Defendant: in case of improper venue, file a Motion to Dismiss on the ground
that the venue is improperly laid under Sec 1 Rule 16.

REMEDY for the Plaintiff: Refile the case

RULE 7: PARTS OF THE PLEADINGS

RULE 7 SEC 3: UNSIGNED PLEADINGS

REMEDIES:

1. The court may allow the parties to correct the deficiency, and sign the pleading
2. Lawyer may be subjected to appropriate disciplinary action

RULE 7 SEC 4: VERIFICATION

REMEDIES:

1. Pleading may be amended or the court may order that the pleading be verified at the
discretion of the court
2. On the part of the opposing party, in case the pleading is unverified contrary to the
requirements of the rules, the adverse party may move to strike out the pleading from
the record of the case.

RULE 7 SEC 5: VIOLATION OF FORUM SHOPPING

REMEDY for the Defendant: File a motion to dismiss for failure to comply with condition
precedent which is the rules on Certificate of non-forum shopping under Sec 1(j) Rule 16 in
relation to Rule 7 Sec 5
REMEDY for the Claiming Party: in case of dismissal is granted, the party may re-file the case,
because the dismissal is without prejudice unless it is a gross and deliberate violations the
dismissal is with prejudice.

RULE 8: MANNER OF MAKING ALLEGATIONS

RULE 8 SEC. 8: ACTIONABLE DOCUMENT

REMEDY: Specific Denial under oath and set forth what he claims to be the facts unless he is an
not a party to the document, otherwise its genuineness and due execution is deemed admitted
and judgment on the pleadings maybe availed of.

RULE 8 SEC 10: MATERIAL ALLEGATION IN THE COMPLAINT

REMEDIES:

1. Specific denial plus the substance of his denial, except amount of unliquidated damages
2. No Specific denial, otherwise it is an admission –Motion for Judgmennt on the pleading
under Rule 34.

RULE 9: EFFECT OF FAILURE TO PLEAD

RULE 9 SEC 3: ORDER OF DEFAULT

REMEDY for the Plaintiff: In case the defendant filed to file his answer, Plaintiff may file a
Motion to Declare the Defendant in Default with proof of service and notice of hearing

REMEDY for the Defendant:

REMEDIES:

1. A party declared in default may at any time after notice thereof and before judgment
may file:
a. A Motion to Lift the order of Default under oath
b. Upon proper showing that his failure to answer was due to fraud, accident,
mistake or excusable negligence (FAME) accompanied with affidavit of Merit.
c. That he has a meritorious defense and
d. In such case, the order of default may be set aside on such terms and conditions
as the judge may impose in the interest of justice

***REMEDY in case of Denial of Motion to Lift the Order of Default: The


Defendant may file a Motion for Reconsideration of the order of the denial.
REMEDY in case of the Denial of Motion for Reconsideration: Petition for
certiorari under RULE 65 is available on the ground of grave abuse of discretion
amounting to lack or in excess of jurisdiction since the order is interlocutory in
character. REMEDY in case of the Denial of Petition for Certiorari: File a Motion
for Reconsideration. REMEDY in case of the Denial of MR: File a Petition for
Review on Certiorari under RULE 45

2. Or file a Motion to Admit answer together with the attached Answer before the
rendition of the judgment by default

3. Petition for Relief from the final order of Default on the grounds of FAME with affidavit
of merit

RULE 9 SEC 3: JUDGMENT BY DEFAULT

BEFORE JUDGMENT BECOMES FINAL AND EXECUTORY:

REMEDY: Motion to set aside judgment or final order due to FAME. If Denied, File a motion
for reconsideration of the judgment or final resolution within 15 days from service thereof
before the CA, with proof of service on the adverse party. If Denied, File a petition for review
on certiorari before the SC raising only questions of law which must be distinctly set forth,
within 15 days from notice of the denial of petitioner’s motion for reconsideration filed in due
time after notice of the judgment Rule 65 with TRO/injunction- PREFERRED over appeal
because appeal is not the adequate, speedy remedy. WHY? Judgment kasi is based on evidence
ex parte- no evidence to review because no evidence in the first place is presented by defendant.
If Denied, File a motion for reconsideration of the judgment or final resolution within 15 days
from service thereof before the SC, with proof of service on the adverse party.

GENERAL RULE: certiorari is not a substitute for lost appeal;

EXCEPTION: when appeal is not a speedy, adequate remedy

AFTER FINALITY OF JUDGMENT:

REMEDIES:

1. File petition for relief from judgment, order, or other proceeding on the ground of entry
of such judgment or final order, or any other proceeding is thereafter taken against a
party in a court through FAME (Rule 38 S1)
2. File petition for annulment of judgment or final order or resolution on the ground of
extrinsic fraud (R47 S1 and 2)
3. File petition for certiorari (Rule 65)
4. Collateral Attack

RULE 10: AMENDMENT OF PLEADINGS

RULE 10 SEC 2: AMENDMENT AS A MATTER OF RIGHT

REMEDIES for the Plaintiff:


1. Motion to Amend Pleading with the attached Amended Pleading before the filing of
responsive pleading even there is already a Motion to Dismiss
a. In case of denial of the motion (as a matter of right), file a Petition for Mandamus
under Rule 65 Sec 3 since it is ministerial for the court to allow amendment
before the filing of responsive pleadings being a matter of right.
b. In case of lack of cause of action: Amendment to confer jurisdiction before the
filing of responsive pleading.

REMEDIES for the Defendant:

1. Defendant may file an Answer to the Amended Pleading/Complaint


2. Defendant may also file his Comment/Opposition to the Motion to amend pleadings

RULE 10 SEC 3: AMENDMENT WITH LEAVE OF COURT

REMEDY: After service of pleading, file a Motion for leave of Court to Amend Pleading with
the attached Amended Pleading. In case of DENIAL, file a Petition for Certiorari under RULE
65, since amendment after the filing of responsive pleading is discretionary on the part of the
court.

REMEDIES for the Defendant:

1. Defendant may file an answer to the Amended Pleading/Complain


2. Defendant may also file his Comment/Opposition to the Motion to amend pleading

RULE 10 SEC 5: AMENDMENT TO CONFORM TO EVIDENCE

REMEDY: File a Motion to Amend Pleading to Conform to Evidence if the issue is not raised in
the pleadings was tried with the consent of the parties.

RULE 10 SEC 6: SUPPLEMENTAL PLEADING

REMEDY: File a Motion to file a Supplemental pleading if there is a need to supplement the
original complaint/pleading

RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS

RULE 11 SEC 4: ANSWER TO COMPLAINT, COUNTERCLAIM or CROSS-CLAIM:

REMEDY for the Defendant: Upon receipt of the Summons with the attached Complain and
annexes, or the counterclaim or cross-claim, defendant shall file an answer within the
reglementary period provided by the rules (10, 15, 30, or 60 day as the case maybe)

REMEDY for the Plaintiff, Counter-Claimant or Cross-Claimant: In case of failure to file an


Answer to the Complaint, Permissive Counterclaim or Cross claim, File a Motion to declare the
defendant in Default and ask for judgment granting such relief as may be warranted in the
pleading.

RULE 12: BILL OF PARTICULARS

RULE 12 SEC 1: BILL OF PARTICULARS

REMEDY for the Defendant: Ambiguity in the Allegations in the Pleading; File a Motion for
Bill of Particulars

REMEDY for the Plaintiff: In case of ambiguity in the Pleadings, Plaintiff may amend his
Complaint/Pleading (Rule 10)

RULE 12 SEC 4: NON-COMPLIANCE WITH THE ORDER OF PARTICULARS

REMEDY: Move for the striking of the Pleading or the portion thereof (RULE 12 SEC 4)

RULE 12 SEC 5: DENIAL OF THE MOTION FOR BILL OF PARTICULARS

REMEDY: The moving party may file his responsive pleading/Answer with the remaining
period, but not less than five (5) days (RULE 5 SEC 5)

RULE 13: SERVICE OF PLEADINGS

RULE 13 SEC 14: NOTICE OF ADVERSE CLAIM

REMEDIES:

1. Action affecting title or right of possession of real property, file a Affidavit of Adverse
Claim and Notice of Lis Pendens before the Register of Deeds where property is located
2. Petition to Cancel Notice of Lis Penden/ Adverse Claim

DENIAL OF NOTICE OF LIS PENDENS

REMEDY: In case of Denial, Aggrieved party may file an appeal to the Land Registration
Authority en consulta

RULE 14: SUMMONS

RULE 14 SEC 6: TENDER OF SUMMONS

REMEDY: If the defendant refuses to receive or sign the summons by tendering it to him.

RULE 14 SEC 7: SUBSTITUTED SERVICE

REMEDY: If summons cannot be served personally for justifiable reason, Plaintiff may file a
Motion to Serve Summons by Substituted Service
RULE 14 SEC 12: SERVICE OF SUMMONS UPON DOMESTICE PRIVATE JURIDICAL
ENTITY

REMEDY for the Plaintiff: Summons shall be served to the president, managing partner,
general manager, corporate secretary, treasurer or in house counsel. In case of non-compliance,
Plaintiff may move for the issuance and service of an alias summons. In case the summons
cannot be served on the officers of the corporation, Plaintiff may amend his complaint and
apply for the writ of attachment under Rule 57 thereby converting the action to action quasi in
rem and therefore service of summons can be made by publication

REMEDY for the Defendant: Defendant may move for the dismissal of the case on the ground
of lack of jurisdiction over the person of the defending party under RULE 16 Section due to
improper service of summons.

RULE 14 SEC 14: SERVICE OF SUMMONS BY PUBLICATION

REMEDY: If the identity or whereabouts of the defendant is unknown, file a Motion to serve
Summons by Publication. NOTE: This applies to any actions.

RULE 14 SEC 15: EXTRA-TERRITORIAL SERVICE:

REMEDY: Defendant does not reside and not found in the Philippines affecting his personal
status or property in the Philippines, File a Motion to serve summons by publication or extra-
territorial service.

RULE 15: MOTION

RULE 15: MOTION

REMEDY: In case of failure to comply with Section 4 (hearing of motion), Section 5 (notice of
hearing and Section 6 (proof of service) of RULE 15, the motion shall be considered as a mere
scrap of paper which is considered not filed, the clerk of court has no right to receive, and the
court has no right to act upon, and the adverse party may move for the denial of the said
motion and does not toll the running of prescription period to file the appeal/remedy.

RULE 16: MOTION TO DISMISS

RULE 16 SEC 1: MOTION TO DISMISS

REMEDY if the motion to dismiss is denied: file a responsive pleading within the balance of the
period prescribed by Rule 11 to which he was entitled at the time of serving his motion but not less than 5
days in any event, computed from his receiving of notice of denial. Then, go to trial. When the decision
is adverse, file an appeal raising as error the denial of the motion to dismiss. If the denial of the motion
is tainted with grave abuse of discretion amounting to lack or excess of jurisdiction, file petition for
certiorari under Rule 65.
REMEDIES if the motion to dismiss is granted:

1. That the court has no jurisdiction over the person of the defending party; - REFILLING
of the case
2. That the court has no jurisdiction over the subject matter of the claim; - REFILING of the
case with the proper court; in case of denial, Petition for Certiorari and/or Prohibition
3. That venue is improperly laid; - REFILING of the case with the proper venue; or if
erroneously denied, Petition for Prohibition
4. That the plaintiff has no legal capacity to sue; - REFILLING of the case
5. That there is another action pending between the same parties for the same cause; -
APPEAL
6. That the cause of action is barred by a prior judgment or by the statute of limitations; -
APPEAL
7. That the pleading asserting the claim states no cause of action; - REFILLING of the case
8. That the claim or demand set forth in the plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished; - APPEAL
9. That the claim on which the action is founded is unenforceable under the provisions of
the statute of frauds; - APPEAL
10. That a condition precedent for filing the claim has not been complied with. - REFILLING
of the case unless gross, willful deliberate FS- APPEAL

RULE 17: DISMISSAL OF ACTIONS

RULE 17 SEC 11: DISMISSAL OF ACTION BY NOTICE

REMEDIES:

1. Notice of dismissal before the filing of the answer or summary judgment


2. Dismissal is without prejudice, unless otherwise stated in the notice issued by the court
to be with prejudice.

REMEDY for the Claiming Party: If it is dismiss without prejudice- REFILING; If with
prejudice- APPEAL

RULE 17 SEC 3: DISMISSAL DUE TO THE FAULT OF THE PLAINTIFF

REMEDIES:

1. Motion to Dismiss for failure to prosecute;


2. Dismissal with prejudice unless ordered by the court to be without prejudice
3. Dismissal without prejudice to the right of the defendant to prosecute his claim
separately or in the same action

RULE 18: PRE-TRIAL CONFERENCE


RULE 18 SEC 5: FAILURE TO APPEAR

REMEDIES in case of Non-Appearance of the Plaintiff:

1. If plaintiff failed to appear, the defendant may move that plaintiff be declared non-
suited and ask for the dismissal of the action. Dismissal shall be with prejudice unless
ordered by the court.
2. File a Motion for Reconsideration and if denied, Appeal from the order of dismissal the
same being the final order

REMEDIES in case of NON- Appearance of the Defendant:

1. Plaintiff may move for the presentation of his evidence ex-parte and judgment can be
rendered based on the evidence of the plaintiff
a. Before the rendition of judgment, the remedy of the defendant is to file a Motion for
Reconsideration of the Order allowing the presentation of the evidence ex-parte, and
if denied with grave abuse of discretion, file a Petition for Certiorari under RULE 65
b. In case there is already a judgment, defendant may file a Motion for New Trial under
RULE 37 Sec 1 on the ground of FAME and in case of denial, File an Appeal from the
decision and the order denying the new trial
c. In case the judgment is already final and executor, defendant may file a Petition for
Relief from Judgment under RULE 38 on the ground of FAME or Petition for
Annulment of Judgment under Rule 47 on the ground of FRAUD.

RULE 18 SEC 6: PRE-TRIAL BRIEF:

REMEDIES: Failure to file pre-trial brief has the same effect as failure to appear

PRE-TRIAL ORDER

REMEDY: In case of error in the Pre-Trial Order, Parties may move for the
amendment/correction of Pre-Trial order

RULE 19: INTERVENTION

RULE 19 SEC 1: WHO MAY INTERVENE

REMEDIES if a person has a legal interest in this case:

1. File a Motion for Leave of Court to Intervene and


2. If granted, file a complaint in intervention

REMEDIES on the part of the INTERVENOR

1. In case of improper denial, file an appeal of the order being a final order or
2. File a separate action if his right will be protected thereby
REMEDIES on the part of the ORIGINAL PARTIES:

REMEDY: In case of improper granting the remedy of the original parties to the case may file a
Motion for Reconsideration on the Order granting the amendment, and If Denied, file a
Petition for Certiorari and Prohibition

RULE 21: SUBPOENA

RULE 21 SEC 4: QUASHAL OF SUBPOENA

REMEDY: if subpoena is unreasonable and oppressive or the books or documents are irrelevant
the said person may file a Motion to Quash Subpoena

RULE 21 SEC 9: CONTEMPT

REMEDY: Failure to comply with the subpoena, the person subject of subpoena may be cited
for Contempt under RULE 71.

RULES 23-29: MODES OF DISCOVERIES / REFUSAL

REMEDIES: CONTEMPT

1. Payment of reasonable expenses including attorney’s fees;


2. Striking of the pleadings or parts or stay of proceedings;
3. Dismissing the action or proceedings or any part thereof;
4. Judgment by default;
5. Arrest of any party or agent

RULE 30: TRIAL

RULE 30 SEC 3: POSTPONEMENT DUE TO ABSENCE OF EVIDENCE

REMEDY: in case of absence of evidence

1. File a Motion to Postpone with:


a. Affidavit showing the materiality or relevancy of the evidence
b. Due diligence has been used to procure it

RULE 30 SEC 4: POSTPONEMENT DUE TO ILLNESS:

REMEDIES: in case of illness of party or counsel

1. File a Motion to postpone the hearing due to illness with:


a. Affidavit/ SC showing that the presence of the party or counsel at the trial is
INDISPENSABLE
b. His illness is such as to render his non-attendance EXCUSABLE
RULE 31: CONSOLIDATION OR SEVERANCE

RULE 31, SEC 1: CONSOLIDATION

REMEDY: Action involving same question of law and of facts- file a motion for
Consolidation of Cases.

SEVERANCE:

REMEDY: For convenience and to avoid prejudice- Motion for Severance of cases or Separate
Cases

RULE 33 : DEMURRER TO EVIDENCE

RULE 33, SEC 1: DEMURRER TO EVIDENCE

On the part of the defendant:

REMEDY: After plaintiff had rested his case and based on insufficiency of evidence-
defendant may file a Motion for Demurrer to Evidence

On the part of plaintiff:

REMEDY: In case the motion is granted – plaintiff may file an appeal since it is an
adjudication on the merits.

RULE 34: JUDGMENT ON THE PLEADINGS

RULE 34, SEC 1: Judgment on the pleadings

On the part of the plaintiff

REMEDY: Answer that fails to tender an issue or admits the material allegations of the
pleadings- file a Motion for Judgment on the Pleadings

On the part of the defending party

REMEDY: If the Motion for Judgment on the Pleadings is granted- defending party may
appeal the judgment

RULE 35 : SUMMARY JUDGMENT

RULE 35, SEC 1: Summary Judgment


REMEDY: If there is no genuine issue as to the material facts – file a Motion for Summary
Judgment with supporting affidavits, depositions or admissions.

- If the motion is granted- aggrieved party may file an Appeal.

RULE 36: JUDGMENT, FINAL ORDERS AND ENTRY

REMEDIES: Judgment which is ambiguous and difficult to comply – Motion for


Clarificatory Judgment

-Judgment upon compromise-file a Motion to Set Aside Judgment by Compromise and the
Compromise Agreement

RULE 37: NEW TRIAL OR RECONSIDERATION

NEW TRIAL

REMEDIES: Newly discovered evidence- Motion for New Trial with Affidavit of Merit

-If the motion was denied – Appeal from the judgment and the order denying the Motion for
New Trial and assign as error the order of denial.

RECONSIDERATION

REMEDIES: Damages are excessive or evidence is insufficient or contrary- Motion for


Reconsideration

-If the motion is denied- Appeal from the Judgment and the Order denying the Motion for
Reconsideration and assign as error the denial of the motion

RULE 38 : RELIEF FROM JUDGMENT

RULE 38, SEC 1: Petition for Relief from Judgment or Order

REMEDY: After finality from judgment, order or proceeding on the ground of FAME:

- File a Petition for Relief from Judgment with Affidavit of Merit


- In case of denial, Certiorari under Rule 65 (SEC 1 RULE 41 (b))
- In case of grant, Certiorari

RULE 38, SEC 2: Petition for Relief from denial of an appeal

REMEDY: Failure to appeal due to FAME- Petition for relief from Judgment with Affidavit
of Merit
RULE 39: EXECUTION

Execution within 5 years: as a matter of right

-On the part of the winning party

REMEDIES: Motion for Execution

-if denied, Appeal (SEC 1 RULE 41), Mandamus (SEC 3, RULE 65)

On the part of the defendant

REMEDIES: If improperly issued- Motion to Quash Writ of Execution

-in case of discretionary execution, the Order of Execution- defendant may file a Petition for
Certiorari under Rule 65 with TRO or Injunction

-Third party claim: If the property levied upon belongs to another person- he may file an
affidavit for Redemption

Execution after 5 years

REMEDIES: Action for revival of judgment

-if denied, Appeal.

RULE 40: APPEAL FROM MTC TO RTC

SEC 1-3, RULE 40 APPEAL

REMEDY: Judgment from MTC can be appealed to RTC within 15 (or 30) days from receipt
of the judgment by Notice of Appeal or by record on appeal in case of multiple appeals or
special proceedings plus payment of appeal docket fee.

RULE 41 APPEAL FROM RTC TO CA

REMEDIES: Judgment from RTC in the exercise of original jurisdiction – Appeal to the
Court of Appeals by Notice of Appeal or record of Appeal in case of multiple appeals or
special proceedings, and payment of required appeal docket fee.

-order disallowing or dismissing an appeal- Petition for Certiorari under Rule 65 in relation
to SEC 1, RULE 41 (d)

RULE 42: PETITION FOR REVIEW

SEC 1, RULE 42: PETITION FOR REVIEW

REMEDY: Decision of the RTC in the exercise of its appellate jurisdiction, aggrieved party
may file a Petition for Review to the CA within 15 days from notice of judgment.
RULE 43: APPEAL FROM QUASI-JUDICIAL BODIES

SEC 1, 3 &5, RULE 43

REMEDY: Decision of the quasi judicial agencies- file a Petition for Review within 15 days
from notice of the judgment or award to the CA.

RULE 45: APPEAL BY CERTIORARI

SEC 1, RULE 45

REMEDY: Purely questions of law from the decision of CA, Sandiganbayan, CTA or RTC
may file a Petition For Review on Certiorari under Rule 45 within 15 days from notice of
judgment

-in case of denial of Petition, file a Motion for Reconsideration under RULE 56 SEC 2, in re:
RULE 52

RULE 47; PETITION FOR ANNULMENT OF JUDGMENT

SEC 1-4 RULE 47

REMEDY: Final and executor judgment/order/resolution of the RTC- party may file a
Petition for Annulment of Judgment before the CA on the ground of fraud (with affidavit of
merit) or lack of jurisdiction

-final and executor judgment of the MTC/MCTC file a Petition for Annulment of Judgment
with the RTC (RULE 47 SEC 10)

RULE 57: PRELIMINARY ATTACHMENT

SEC 12, RULE 12: Discharge of writ of attachment

REMEDIES: In case of issuance of writ of attachment- defendant may file a Motion to


Discharge Attachment and by filing the necessary counter bond under Sec12 RULE 57

-or he may file a Motion to Quash Writ of Attachment on the grounds specified under SEC 13
of RULE 57

-in case of denial, file a Motion For Reconsideration and if denied file a Petition for
Certiorari.

RULE 58: INJUNCTION

For the applicant:

REMEDIES: Acts to be restrained or performance of the act. Temporary Restraining Order


and/or Preliminary Prohibitory/Mandatory Injunction
-in case of denial of the application, applicant may file a Motion for Reconsideration and if
denied, file a petition for certiorari under RULE 65

-to preserve status quo of the parties- Motion for Issuance of Status Quo Order.

For the adverse party:

REMEDIES: Counter bond

-Motion for Reconsideration if denied, certiorari

In case of permanent injunction- Appeal

-TRO may be issued exparte , good for 20 days in case of irreparable damage and injury or 72
hours in case of extreme urgency.

RULE 59: RECEIVER

For the applicant:

REMEDY: To preserve the property pending litigation: Application/ Motion for the
appointment of receiver

For the adverse party:

REMEDIES: In case of appointment of receiver: Certiorari in case of grave abuse of


discretion. Adverse party may post a bond

-opposition or motion to discharge receiver and post bond.

-motion to discharge receiver if appointment is without sufficient cause

RULE 60: REPLEVIN

For the applicant:

REMEDY: Unlawful withholding of personal property: Replevin with Bond

For the adverse party:

REMEDY: Posting of Counter Bond Double the Amount (SEC 5 RULE 60)

RULE 61: SUPPORT PENDENTE LITE

REMEDIES: Support pending litigation: Support pendete lite

-in case of refusal after order from the court- apply for execution or contempt.

RULE 62: INTERPLEADER


REMEDIES: Person in possession of property without legal interest file a Complaint for
Interpleader

-in case of denial, appeal the decision

RULE 63 DECLARATORY RELIEF

REMEDY: Person interested under a will, deed, contract or other written instrument or
whose rights are affected by statute , executive order regulations for interpretation- file a
Petition for Declaratory Relief

-in case of denial, appeal the decision.

RULE 64 REVIEW OF JUDGMENT OF COMELEC OR COA

REMEDY: Final Judgment or Order of COA or COMELEC- file a Petition for Certiorari to the
SC within 30 days from notice of judgment

RULE 65: CERTIORARI PROHIBITION MANDAMUS

REMEDY: In case of grave abuse of discretion amounting to lack or in excess of jurisdiction


and there is no other plain, speedy adequate remedy- file a Petition for Certiorari,
Prohibition Mandamus

RULE 66 QUO WARRANTO

REMEDY: In case of usurpation of public office, position or franchise- file a Petition for Quo
Warranto

-in case of denial, appeal the decision

RULE 67: EXPROPRIATION

REMEDY: Private Property to be used for public purpose upon payment of just
compensation- file a Complaint for Expropriation

-adverse party may file his Opposition to the complaint for expropriation

RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE:

On the part of Plaintiff- Mortgagees

REMEDY: Non payment of loan secured by real estate mortgage- file a Complaint for
Foreclosure of Real Estate Mortgage or Collection of Sum of Money with damages

On the part of defendant- Mortgagor

REMEDIES: In case of adverse decision, aggrieved party may file a motion for
reconsideration and if denied, appeal the decision
-in case of judicial foreclosure- equity of redemption w/in 90 days not more than 120 days
from entry of judgment in case of banks- 1 year legal redemption.

-order confirming the foreclosure sale made by sheriff is appealable.

RULE 69: PARTITION

REMEDIES: Real properties owned in common- file a Complaint for Partition

-in case of adverse decision, parties may appeal the decision

RULE 70 UNLAWFUL DETAINER/ FORCIBLE ENTRY

On the part of the owner/co-owner etc.

REMEDY: Unlawful detainer- motion for recovery of possession within 1 year from last
demand- file a Complaint for Unlawful Detainer

Forcible Entry- dispossession through Fraud, Intimidation, Strategy, Threats, Stealth within
1 year from discovery

-in case of adverse- defendant may file an Appeal to the RTC (RULE 40) by filing a Notice of
Appeal payment of appeal docket fees.

On the part of defendant

REMEDIES: In case of adverse defendant may file an appeal to the RTC by Filing a Notice of
Appeal, payment of appeal docket fees, supersedes bond, in case of reward of rental or
compensation for the use of the property and periodic deposit of rentals

-failure to comply with any of the requirements for appeal, the winning party may file a
Motion for Execution pending appeal

RULE 71: CONTEMPT

DIRECT CONTEMPT

REMEDY: Misbehavior in the presence or near the court- Direct Contempt

-in case of adverse resolution, the remedy of the aggrieved party is to file a petition for
Certiorari or Prohibition (SEC 2, RULE 71)

INDIRECT CONTEMPT

REMEDY: Misbehavior outside or not in the presence file a Petition for Indirect Contempt

- Remedy is to file an appeal plus bond.