Rule 39, Prov Remedies and Special Civil Actions

REMEDIAL LAW REVIEW 2007
Case of Bañez vs Bañez; Santos vs A: To the Sheriff, not to the Clerk of

COMELEC Court. In the case of Quitalag, the
sheriff may be liable for contempt of
Q: Again, what are the requirements court but not the parties who did not
of Execution Pending Appeal? comply with the Writ of Execution
A: because precisely the Writ of
1. There must be a motion filed Execution is addressed to the sheriff.
either in the court of origin if
the original record is still there Section 27, Rule 39
or in the appellate court if the Q: If a Mercedes Benz was sold at
same has already been auction to satisfy a judgment. When it
transmitted and court of origin may redeem?
has already lost its jurisdiction; A: It cannot be redeemed because
2. Based on the grounds of “good redemption applies only to Real
reason”; Property wherein a deed of sale was
3. The good reason must be stated executed.
in the special order.
Q: What if the Judgment Obligee
In the case of Far East Bank vs Toh purchases the property, who may
Sr., the Supreme Court ruled that old redeem the property?
age constitutes good reason. But as A:
you would see, the counsel therein is 1. The judgment obligor or his
no other than the First Gentleman successor in interest; and
Mike Arroyo. 2. A redemptioner.
While in Santos vs COMELEC, the Q: Who is a redemptioner?

Supreme Court held that a valid A: A creditor who has a lien by virtue
exercise of the discretion to allow of an attachment, judgment or
execution pending appeal requires mortgage on which the property was
that it should be based upon good sold, subsequent to the lien under
reasons to be stated in a special which the property was sold.
order. The following constitute good
reasons and a combination of two or Q: Supposing one hectare of land was
more of them will suffice to grant sold at public auction. The Judgment
execution pending appeal: obligee was the highest bidder. The
1.)Public interest involved or will of judgment obligor may redeem that.
the electorate; But in this example, who would the
2.)The shortness of the remaining redemptioner be? Under what lien is
portion of the term of the the property sold?
contested office; and A: The property here is being sold
3.)The length of time that the election under a lien of a judgment, but more
contest has been pending. particularly, this is a sale on execution
under Rule 39 as distinguish from
Q: To whom the Writ of Execution is other sale from foreclosure or sale on
directed? attachment. Supposing B is a
ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE
MENDOZA and SARAH JANE CASAUAY
UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS NOT ALLOWED
redemptioner, what would be his lien of the Writ of Attachment are all
be to make it subsequent under which redemptioner.
the property was sold? That will be
your number 5 question in your Pag attachment kasi, it happens sa
midterm exam. Give an example of umpisa pa lang ng kaso. Pag tapos na
redemption by a redemptioner. yung kaso, you do not avail of
attachment but rather execution.
Q: May a property be sold only
pursuant to a judgment? May a NOTE: So if the property was sold in
property be sold, already auctioned, is execution, chances are there will be
it only pursuant to a judgment? “no redemptioner” Why? Who will deal
A: Under Rule 57 Section 1, an with a property which is already
attachment may be applied for at the subject of a judgment? But if it was
commencement of the auction sold on a mortgage prior to a
judgment, the judgment obligee is a
Supposing Mr. A filed a case against redemptioner because his lien is
Mr. B for recovery of sum of money subsequent to the lien under which
for P10 million. If A want to secure a the property was sold.
favorable judgment, he will seek the
attachment of the property. He will Let us go now to the period,
apply that at the commencement of remember this only applies to Real
the action. Properties.
So if the action started in 1990, then Q: What is the period of redemption?
it will not be finish in one year time, A: One (1) year from the registration
chances are it will be finish in 10 to of the certificate of sale
15 years time. But since you applied
for attachment, it is already attached For example, the certificate of sale
and the property has become in legal was registered on January 1, 2000.
custody because of the writ of The redemption period expires on
preliminary attachment. But it does December 31, 2000. Period is
not mean that this property can no reckoned not from judgment, not
longer be legally dealt with. from execution, not even from sale
but from registration of the certificate
Suppose the same property was of sale.
subject of a mortgage or judgment or
even another attachment, all these Q: What is the period within which a
lien are subsequent to the lien under redemptioner may redeem the
which the property will be sold if A property?
wins because if he does, he won’t A: Sixty (60) days after the last
avail of Rule 39 but rather Rule 57. redemption
The property is sold not on execution
but on attachment. Because of this, Q: Let us say X is a redemptioner, at
all other persons who dealt with the the auction sale, he was the
property subsequent to the issuance purchaser. He purchased it in January
5, 2000. If you count sixty (60) days,
roughly it will be on March 7, 2000.
Suppose by May, Y who is the Q: Suppose Y who is a judgment
judgment obligor would like to obligor in the auction sale, purchase it
redeem it, could Y still redeem it? in February 5, can the redemptioner
A: Yes, Y is the judgment obligor and redeem it from the judgment obligor?
he has one (1) year to redeem it from A: February 5, sixty (60) days
the registration of the certificate of therefrom. No, because the property
sale. May palang eto eh. has returned to its owner. The owner
of the property is the judgment
Q: Supposing W, a redemptioner, obligor. Pag binili na ng judgment
would like to redeem it from X who obligor, there can be no further
was the first purchaser, being a redemption.
redemptioner, in May, can W purchase
that? NOTE: In redemption, if the judgment
A: X purchased it from January 5, May obligor redeems it within the one (1)
na ngayon, no more because a year period, there can be no further
redemptioner has only sixty (60) days redemption. But if it is redeem by a
from the last redemption. redemptioner, there can be
continuous redemption, within the
Q: Now suppose X redeems it on period of sixty (60) days even beyond
December 5 of the same year, may it the one (1) year period. Rationale is
be redeem by W of January of the the “with one (1) property, the law
following year? provides payment as many obligation
A: Even if it exceeds from the one (1) as possible”
year period, if it is redeemed from the
last redemptioner, the sixty (60) day Q: Now, how much shall be paid?
period prevails over the one(1) year A: You have to distinguish it if he is a
period. So even in January, W can still Judgment obligor or a redemptioner.
redeem it because it is still within the In the former, it includes the purchase
sixty (60) day period from the last price and all other expenses plus one
redemption even if it exceeds the one percent per month interest while in
(1) year period. the latter, purchase price and all other
expenses plus two percent interest
Q: How about Y, the judgment because you only have a maximum
obligor, can he redeem it by January period of two months to redeem.
even if it exceeds the one (1) year
period to which he was entitled to Q: What if after the property was sold
redeem? it is not enough to satisfy the
A: Yes, because if it is given the right judgment?
to redeem within a period of sixty A:
(60) days to a redemptioner, the 1. First, ask for the examination of
more reason you have to give it to a the judgment obligor;
judgment obligor even beyond the (1) 2. Then ask for the examination of
year period provided that the the obligor of the judgment
redemption is from a redemptioner. obligor because the obligor of
the judgment obligor may remit Surety here is not only subsidiarily
payment directly to the liable but also principally liable
judgment oblige without going provided that he is notified. And
through the judgment obligor. importante ditto eh yung notice sa
3. Sale of ascertainable interest. surety.
Dito na magtatapos remedy na
to.
Q: During the one (1) year period to

redeem, yung mga rents, income of
property, to whom shall it belong?
A: Sa judgment obligor pa rin
Section 47 Rule 39
Q: But how about the judgment In relation to Motion to Dismiss. It is
oblige, what can he get out of it? res judicata. Effect of Domestic
A: All these earnings will be added Judgment.
later on, in the meantime, you do not a) Action in Rem- it is conclusive
take it from the judgment obligor. upon the thing itself
b) Action in Personam- conclusive
Q: When will the purchaser take only upon the party
possession and ownership over the c) Conclusiveness of Judgment- it
property? is a form of res judicata. But as
A: Upon the expiration of the period distinguished from bar by prior
of redemption. How? Consolidation of judgment, there is no identity of
title na. You do not have to go to cause of action in
court anymore. Pag may tao pa don, conclusiveness of judgment.
writ of possession tayo as held in the
case of Idolor vs CA. Once Section 48 Rule 39
consolidated, tapos na. Foreign Judgment
In relation to Rule 76 and 77, re
Remember, if the judgment obligor is probate of a will allowed abroad.
the one who redeems the property, he To implement a foreign judgment, you
may immediately ask for consolidation have to file an action to enforce a
because the property has already foreign judgment- the subject matter
returned to the original owner. But if is the action.
the purchaser is the redemptioner, he
can have it consolidated only after the Remember now the remedies that we
one (1) year because of the right of have already discussed. These are the
the judgment obligor to redeem the following:
property within the period of one (1) 1. Motion to Dismiss;
year from registration of the 2. Dismissal of Actions;
certificate of sale. 3. Demurrer to evidence;
4. Judgment on the pleadings;
Section 46, Rule 39 5. Summary judgment;

6. Motion for New Trial and/ or maybe. Remember that MTC now can
Motion for Reconsideration; take cognizance of probate
7. Petition for Relief from proceedings whether testate of
Judgment/ Appeal intestate, in cases of probate
8. Appeal proper; and proceeding there can be multiple
9. Annulment of Judgment appeals. In record of appeal, the court
does not automatically lose
RULE 40 jurisdiction, it is only the subject
This rule applies only to Inferior matter appealed from.
Courts. Remember our jurisdiction
under BP 129 as amended by RA 7691 Q: Where does the appellant files the
NOTE: No judgment of the MTC/ notice of appeal or record on appeal?
Inferior Court go directly to the Court A: It is filed before the inferior court/
of Appeals or Supreme Court. NEVER! MTC (court of origin)
As an exception to the rule, when the
MTC or inferior court exercises its Q: When does the appellate court
“delegated jurisdiction”. But if you acquire jurisdiction over the case
would observe, this is not really an appealed from?
exception because the MTC/ inferior A: The appellate court acquires
court here is acting as an RTC, hence jurisdiction not only from the filing of
its appeal is to the CA. the notice of appeal or record on
appeal, but upon payment of the
Q: When do we have delegated correct docket fees.
jurisdiction?
A: In cases of land registration and NOTE: The venue of transmittal of
cadastral, the value of the property record is in the same region or in the
involved does not exceed same district that of the court of
P100,000.00 and there being no origin. Upon receipt of the appellate
opposition. court, the clerk of court gives notice
to the parties that the record has
There are two procedures involved in already been transmitted and the
the Inferior courts; they are the appellant, upon receipt of such notice,
regular procedure and summary shall submit a memorandum within 15
procedure. Remember that we do not days. Failure to submit such
have summary procedure in the RTC. memorandum is a ground for the
So whether the Inferior court dismissal of the appeal. On the
exercised regular or summary otherhand, the appellee shall also be
procedure, the same is appealable to required the same memorandum as
the RTC within the 15-day period in required within the same period. Upon
cases of regular procedure, and 10- submission, judgment may be
day period in cases of summary rendered.
procedure, counted from the notice or
receipt of a copy of the judgment. Rule 41 section 39 is important
From therein, you file a notice of and said rule also applies to Rule
appeal or record of appeal as the case 40.
2.)Petition for Review under Rule 42.
Q: When does the court of origin loses The RTC here is acting in its
jurisdiction over the case? When is appellate jurisdiction. It was
appeal perfected? appealed to the RTC then to the CA
A: In cases of Notice of Appeal or by petition for review.
record on appeal, upon the filing 3.)Review on certiorari under Rule 45
thereof in due time, as to the
appellant. The court loses jurisdiction Both in petition for review and review
over the case upon the filing of notice on certiorari, you can ask for
of appeal or record on appeal, as the extension of time to file the same. In
case may be, and expiration of the these three cases, all emanated from
period to appeal of the other parties. the RTC.
Section 8 of Rule 40 is also Q: Again, when is appeal perfected?

important. Bagong provision to. Dati, When the court does lose jurisdiction?
when the Inferior court dismisses the A: Rule 41 Section 9
case on the ground of lack of
jurisdiction over the subject matter Q: What are not appealable?
and on appeal it was affirmed by the A: Just familiarize yourself with the
RTC, it will be dismiss without enumeration provided for in the rules.
prejudice of re filing the case, hence The common ground under section 1
double docket fee. Now, the RTC will is that if you allow appeal on this
automatically assume jurisdiction if it matter, there will be no end to
has jurisdiction. The distinction litigation.
between the first and second
paragraph under the said section is Upon perfection of appeal, the clerk of
the reception of evidence. court of the RTC transmits the record
but he must ascertain the same that it
is complete.
Remember the Domingo Neypes

doctrine, Fresh day rule applies also
to Rule 41 upon denial of the Motion
for New trial or reconsideration.
RULE 41 Remember again, no decision of the

It speaks of Judgment or Final order inferior court can be brought
of the RTC exercising original directly to the Court of Appeals or
jurisdiction appealed to the Court of Supreme Court unless the MTC is
Appeals. exercising its delegated
jurisdiction.
Section 2 provides us for the Modes
of Appeal: Q: How again do you make an appeal
1.)Ordinary Appeal under Rule 41 here?

A: By filing a notice of appeal or That is your Domingo Neypes
record on appeal. Notice of Appeal is doctrine.
not required in multiple appeals, only
in cases of record on appeal where Q: When does the court lose
every order of the court is appealable. jurisdiction?
Record on appeal is also applicable to A: Upon perfection of appeal AND
inferior courts and the court loses expiration of the period to file an
jurisdiction only as to the subject appeal as to the others.
matter of the appeal, as to the other
issues, the same will continue to be Q: Upon appeal, can A now file a
heard by the court of origin. motion for execution pending appeal
with the trial court?
NOTE: Section 8 Rule 40 is not A: Yes, under Rule 39 Section 2 in
applicable to the RTC. But Section 9 of relation to Rule 41 section 9, a motion
Rule 41 is applicable both as to the for execution pending appeal will be
MTC and RTC. allowed upon motion with notice to
the adverse party, as long as the
original record has not been
transmitted to the CA.
Q: By what authority?
Q: When is appeal perfected? A: Under the residual jurisdiction.
Supposing in a case, Mr. X file a
motion for reconsideration, Mr. Y filed Q: When the record has already been
a Motion for New Trial and Z filed a transmitted, where will you file?
notice of appeal. A: To the Court of appeals, but note,
A: Appeal is not perfected to Mr. X the CA can NEVER issue writ of
and Mr. Y because they did not file a execution but only an order directing
notice of appeal. Appeal is perfected the Trial court to issue a writ of
only as to Z, upon the filing of notice execution.
of appeal in due time, appeal as to Z
is perfected. What is “in due time”? It is incumbent now for the clerk of
Within 15 days from notice or receipt court of the RTC to transmit the
of judgment. record to the CA and therefrom, the
duty shifts to the clerk of court of the
Q: Will appeal be ever be perfected to CA.
X and Y?
A: Yes, only when they file a notice of Q: Rule 40 vs Rule 41
appeal in due time. A: Under Rule 40, the appellant files a
memorandum upon receipt of the
Q: What if a motion for new trial or notice of the order of the court
reconsideration is denied, when will directing him to file the same within
they file? 15 days from receipt. A memorandum
A: Remember the fresh day rule, is a summary of what transpired in
within 15 days from notice of denial. the trial court and does not require a
format. Under rule 41, appellant files 1. Not meritorious;
an appellant’s brief and the appellee 2. Filed manifestly for delay; or
an appellee’s brief within the period of 3. Issues raised therein is not that
45 days and thereafter an appellant’s substantial which requires
reply brief (discretionary) within the consideration of the court.
same period. The Briefs are
mandatory and non compliance of If it is granted, it will require the
which is a ground for the dismissal of parties to file a comment, not a
an appeal as provided for in Rule 50 motion to dismiss.
Section (f). The substance of the
appellant’s brief is the arguments, RULE 43
discussion in the assignment of Remember that wala ng CTA dyan
errors.
Just remember the five (5) bodies,
NOTE: If you are using the record of CA, CTA, COA, COMELEC and
the case, you do not use your Sandiganbayan.
personal record but rather the record
on the appellate court. In the Civil Service Commission, the
appeal is brought to the CA.
Just remember that Rules 41, 44 and
50 are related to each other. In the National Labor Relations
Commission, the appeal is brought to
RULE 42 the CA under Rule 65. If you would
The Regional Trial Court here is acting recall, there is no really appeal from
or exercising its appellate jurisdiction. the decision of the NLRC, but because
The case started from the MTC, of the St. Martin Funeral Homes case,
appealed to the RTC and a petition for as reiterated in the case of
review with the CA. Examples are Rubberworld, appeal may now be
cases of Unlawful detainer and forcible made to the CA but not as an ordinary
entry. appeal, it is under Rule 65. What is
peculiar about the said rule is that you
Appeal here is by petition for review; can raise pure question of facts.
distinguish the same from certiorari
under Rule 45. Under Rule 42, it is In the cases cognizable by the HLURB,
similar to an original complaint. Errors the same maybe filed before the
committed by the Trial Court (MTC) HLURB arbiter. In case of an appeal, it
and also by the Appellate Court can be made to the HLURB
(RTC). You do not file a notice of Commissioner, then appeal to the
appeal or record on appeal here, what Office of the President. The decision of
you file is a petition for review. It also the Officer of the President is
requires payment of the correct appealable to the CA.
docket fees. Upon the receipt of the
Petition for Review, the Court of In the cases cognizable by the
Appeals may either grant or dismiss DARAB, appeal to the secretary. You
the petition on the ground of: need not make an appeal to the Office
of the President since it can be argued petition while in the case of the
that the Secretary is the alter ego of respondent, the court acquires
the President. Then from there, you jurisdiction over his person upon
appeal to the CA. receipt of the order directing him to
file a comment.
RULE 45
Section 1 provides that it limits only Q: Suppose the petition is dismiss, is
to three (3) tribunals: it necessary to acquire jurisdiction
1) Sandiganbayan; over the person of the respondent?
2) Court of Appeals; A: Yes, otherwise the dismissal order
3) Regional Trial Court; and will not be effective upon the
4) Any other body authorized by law. respondent over which the court did
Issues raised therein are only pure not acquire jurisdiction.
questions of law.
Q: What do you raise here?
Q: Do not confuse this with Rule 65. A: Only pure questions of law. If what
Most Bar questions, they asked you to was raised was facts and law, the
distinguish Rule 45 from Rule 65. The Supreme Court must dismiss it.
two may be distinguish:
A: NOTE: In the Court of Appeals, what
1. Under Rule 45, it is a mode of can be raised are pure questions of
appeal while in Rule 65 it is a fact and law or questions of fact only.
special civil action; In the Supreme Court, questions of
2. Under Rule 45, it needs to law only without facts because the
comply with the requirements of Supreme Court is not a trier of facts
an appeal, you do not change and is not suppose to scrutinize and
the parties involved therein and accept evidence.
you have 15 days to make an
appeal from notice of the RULE 46
judgment or order. While under Original cases filed. Concurrent
Rule 65, this is a separate Jurisdiction. Certiorari Prohibition and
action, hence it need not comply Mandamus, as well as quo warranto
with the requirements of an and annulment of judgment of the
appeal. The parties herein is the RTC is originally filed to the CA. But
court or officer or tribunal and remember, even if it’s concurrent, you
you have 60 days to file a do not have the option, you still have
petition for certiorari from to apply the hierarchy of courts.
notice of the judgment.
RULE 47
Q: Is it necessary for the court to Annulment of Judgment, this is your
acquire jurisdiction over the person of last remedy available. It refers to
the parties? judgment or final order of the RTC. It
A: In the case of the petitioner, the is exclusively cognizable by the CA.
Supreme Court acquires jurisdiction
over his person upon the filing of the
Q: Suppose B filed a case for a sum of Motion for Reconsideration, same
money in the MTC against A. A ground with Rule 37. Filed only with
decision was rendered in favor of the the CA.
latter. No motion for new trial, no
motion for reconsideration and no RULE 53
appeal was taken therefrom. There is New Trial based only on Newly
extrinsic fraud. He filed an annulment Discovered Evidence. Why? The CA
of judgment, where will he file it? now can receive evidence unlike
A: Not with the CA but to the RTC. before.
Remember, walang didiretso from
MTC to CA or SC.
RULE 55
Q: What are the grounds for the Summons
annulment of judgment?
A: RULE 56
1. Extrinsic Fraud (prescriptive period Amended already, no more automatic
is 4 years from the discovery of appeal.
fraud);
2. Lack of Jurisdiction (no prescriptive
period but may be limited to
estoppel and laches)
Q: Who is the defendant here?

A: The Principal defendant here is the
RTC but you have to implead the
private respondent as a necessary
party. Even if the principal defendant
is the tribunal, it should not take
active participation in the case.
Q: What is the effect?

A: If it is grounded on extrinsic fraud,
the court may grant a new trial. If it is
based on lack of jurisdiction, it is
without prejudice of refilling the case.
RULE 48
Preliminary Conference here is at any
time.
RULE 50
Read Section 1
RULE 52

dependent, contingent, or adhere to a
principal action. So that you cannot
find an action for preliminary
attachment. It must always be
adhered to the principal action.
Q: Because of that, what are the

principal actions to which these
provisional remedies attach?
A:
1.)As to preliminary attachment, the
principal action is recovery of real
or personal property. If you try to
PROVISIONAL REMEDIES look at Section 1 Rule 57, you will
find out that all the actions there
We are now on provisional remedies are for recovery of either real or
from Rule 57 - 61. So there are 5 personal property.
provisional remedies. Just remember 2.)As to preliminary injunction, the
the word AIRRS. principal action is injunction
although these seldom find, in
But if you are asked, don't say actual practice, an action for
attachment as a provisional remedy injunction because it always goes
but rather it is preliminary with some other actions. Like for
attachment. Don't say injunction as a example specific performance and
provisional remedy but rather injunction plus damages with
preliminary injunction. As to prayer of preliminary injunction. Is
receivership, yes it is both an action there an action which is injunction?
and a provisional remedy. Technically, Yes. Under Section 4 of Rule 39.
it is not the receivership which is the 3.)As to receivership, receivership is
provisional remedy but rather the principal action. The provisional
appointment of a receiver because in remedy is appointment of a
receivership it is also a kind of action. receiver. If you go and look at
And then you have replevin or Section 4 of Rule 39, you will see
delivery of possession of personal that receivership is an action.
property. And then finally you have 4.)As to replevin, the principal action
support pendente lite. Support is not is recovery of personal property. In
a provisional remedy but it is support replevin, a foreclosure on
pendente lite which is a provisional mortgage is possible.
remedy. 5.)As to support pendente lite, the
principal action is support.
Now, let me give you a bird's eye view
of these provisional remedies. Q: Which court has jurisdiction over
First, because they are provisional, these provisional remedies?
they cannot stand alone. Being A: General answer is because they are
provisional remedies, they are contingent, that court which has
jurisdiction over the principal action complaint for seduction which is
also has jurisdiction over these cognizable by the inferior courts. And
provisional remedies. Precisely together with that you pray for the
because they adhere to the principal acknowledgment of the child (suppose
action. merong anak) and you pray for
support pendente lite. In this instance
But let us be more specific, because the support pendente lite is taken
prior to the 1997 Rules of Court cognizance of the inferior courts.
injunction, for example, is cognizable
only by the RTC. But with RA 7691 In Receivership: both inferior courts
(expansion of the inferior courts) and and RTC.
looking at Rule 70 (Sections 15 and
19, all about injunction), therefore In Replevin: both inferior courts and
under the present rules, the RTC.
preliminary injunction is now
cognizable by the inferior courts. In Injunction: both inferior courts and
Before the effectivity of the 1997 RTC.
Rules, that was applied also by
jurisprudence only on unlawful In Attachment: both inferior courts
detainer. But now it applies to both and RTC depending now on the
unlawful detainer and forcible entry as principal action to which the
is specifically provided under Rule 70. provisional remedy attaches.
Q: How about support pendente lite Q: What are the requirements in

which adheres to an action for applying for these provisional
support? remedies attaching to the principal
A: Remember that it cannot be taken action?
cognizance of by the inferior courts A:
because support is an action which is 1.)In case of preliminary attachment,
incapable of pecuniary estimation. what is required is the affidavit and
Therefore, support pendente lite is bond.
only cognizable by the RTC because 2.)In case of preliminary injunction,
support to which it adheres is the requirement is a bond and a
incapable of pecuniary estimation. verified petition.
Exception: In criminal cases. Because 3.)In case of receivership, also a bond
the present rules on criminal and verified petition.
procedure speaks that once a criminal 4.)In case of replevin, affidavit and
case is filed, the civil aspect is bond.
deemed instituted with it under Rule 5.)In case of support pendente lite,
111. Hence, if the action is criminal in only a verified application. No
nature but cognizable by the inferior bond.
court and the prosecution includes the
civil action for support, then support Q: How do you secure, aside from
pendente lite can be taken cognizance these requirements, the writs for
of by the inferior courts. Example: these provisional remedies?
A: receivership, you cannot discharge
1.)In case of preliminary attachment, it with a bond. You have to file a
you may secure it ex parte. motion questioning the propriety or
Although the writ cannot be regularity of the issuance of the
implemented ex parte but it can be writ.
issued ex parte. 4.)In support pendente lite, there is
2.)In case of preliminary injunction, no bond. If the judgment is in
as a general rule you cannot favor of the respondent, the
secure it ex parte under Section 5, support pendente lite must also be
Rule 58, although in cases of discharged because it has no basis
urgency, that injunctive relief for a to stand with.
period of 72 hours can be granted
summarily (meron pa din notice
and hearing for due process). That
is how stringent in applying for
injunctive relief.
3.)In replevin, you cannot get it ex
parte.
4.)In support pendente lite, there is a
peculiar provision under Section 2
(Rule 61) wherein the respondent,
within a period of 5 days from
notice, is bound to file his
comment. And if he does not file
his comment, the case will be
heard on the application only
(Section 3) within 3 days.
Q: Once the writ is granted or issued,

how do you discharge the writ?
A:
1.)In case of preliminary attachment,
it may be discharged under
Sections 5, 12 and 13 of Rule 57.
Cash deposit or counter bond (Secs RULE 57
5 and 12) or a motion questioning PRELIMINARY ATTACHMENT
the propriety or regularity of the Provisional remedy: Preliminary
issuance of the writ (Section 13). Attachment
2.)In case of preliminary injunction, it Principal action: recovery of either
cannot be discharge it by a bond real or personal property
neither if it be granted by a bond,
although bond is required but a Memorize Section 1 (the grounds)
counter bond does not discharge a of Rule 57. Remember, you will
writ of preliminary injunction. appreciate Rule 57 had you
3.)The same thing with replevin and understood Rule 39 because there are
cross-references between these and redemptioner), so that when a
provisions. Section 7 of Rule 57 you property was sold on attachment,
will find out that that is also there are possible redemptioners
practically the same or similar because Section 1 says at the
provision in Section 9-11 of Rule 39. commencement of the action, you
Section 16 in Rule 39 is Section 14 already apply for the issuance of the
Rule 57, and Section 7 Rule 60 writ of preliminary attachment. And if
(Replevin). Try to analyze it, pare- the writ is issued and implemented,
pareho. The 3rd party claimant will the sheriff, to whom the writ is
simply execute an affidavit. The addressed, takes actual custody of the
sheriff will not be bound to hold it but property if it is capable of manual
deliver it to the 3rd party claimant. delivery. In the case of replevin,
Yang v. Valdez (was given in the bar ibibigay ng sheriff sa applicant after 5
about 5 years ago) - the 5 day period days if there is no redelivery bond is
of redelivery bond. You have now to filed. But in the case of preliminary
distinguish a bond from a counter attachment, kukunin niya yan for safe
bond. Later on, remember that it is keeping. And it will only be sold after
different from a supersedeas bond judgment is rendered in favor of the
which you have studied and under plaintiff (applicant).
Settlement of Estate. Here, we are
dealing with bond and counter bond. Q: Once a property has been
Bond is required of the applicant. replevined and again it was attached,
Counter bond is required of the is it still valid?
person against whom the A: Yes. once the property is
application was filed. Deposit can replevined it can still be attached. But
be cash either on the part of the if the property is attached it cannot be
plaintiff or the defendant as the case replevined. Because in attachment,
may be. you may not take possession but in
replevin you have to take possession.
Q: Take note of Section 1. When can
you file or apply for a writ of
preliminary attachment? Q: A 3rd party can deal with the
A: It says there at the property that has been attached.
commencement of the action or at Suppose it was mortgaged with a
any time before entry of judgment. bank after it has been attached, is it
possible?
Q: Bakit? Why should you not apply A: Yes. The mortgage becomes a lien
for a writ of preliminary attachment subsequent to the lien under which
when judgment has already been the property was sold if ever the
entered? plaintiff wins in the case.
A: Because your remedy is not
attachment but your remedy is You cannot just attach right and left if
execution under Rule 39. Remember there is no ground. That is why let me
when we were discussing Section 27- emphasize Section 3 of Rule 57.
29 of Rule 39 (regarding redemption 1. There must be a valid cause of
action. Because preliminary 2. Your cause of action is based on a
attachment is only provisional so if law, contract, quasi-contract,
the cause of action is invalid, the delict, or quasi-delict.
preliminary attachment is also 3. It must be directed against a party
invalid. who is to depart from the
2. There must be a valid ground Philippines with intent to defraud.
among the 6 enumerated grounds
under Section 1. Second action, an action also for
3. There must be no other security. recovery. But look at the defendant
Or if ever there is, the security is here, the defendant is a public officer,
not sufficient. officer of a corporation, attorney,
4. The order must be equivalent to factor, broker, agent, or clerk. In
the sum for which you are asking. other words there must be a
NOTE: These 4 requirements must be fiduciary relationship between the
contained in an affidavit. So your applicant and the respondent.
affidavit is pro forma or insufficient if
it does not allege these 4 basic Third action, recovery of possession,
requirements as enumerated under this time, against a party who
Section 3. Aside from that affidavit of removed, disposed, or does not
merits, bond must accompany it. disclose it, or who hid these
properties.
Q: What do you notice in the grounds
under Section 1? Q: What is then a common
A: Yung first three, it is a kind of denominator here?
action. Yung last three, it is the party A: There is an element of FRAUD.
involved.
First action, it is an action for specific When you go to paragraphs d, e, and
amount of money and damages other f the phraseology is different. It is
than moral and exemplary damages against a party this time, not anymore
on an action arising from law, to the kind of action but to the kind of
contracts, quasi-contracts, delicts, person who is a party defendant.
quasi-delicts against a party who is
about to abscond in fraud of creditors. In paragraph d, a person who is guilty
again of fraud in contracting a debt or
Q: Why other that moral and obligation upon which the action is
exemplary damages? brought or in the performance
A: There is no basis. The basis must thereof.
be personal, wounded feelings etc.
Javellana v. D.O. Plaza
Q: Ano yung mga requirements Enterprises, Inc., L-28297, March
niyan? 30, 1970 illustrates the rule prior to
A: the 1997 Rules of Court.
1. Your actions should be for sum of Facts of this case: There was a
money and damages, other than simple sale of property, let's say the
moral and exemplary damages. purchase price was P100, 000.00 D.O.
Plaza paid 50% and the balance was businessman who had a sari-sari
secured with postdated checks. Plaza store. A case was filed against him for
took possession of the property sold. a sum of money and a writ of
Later on, the checks, which were in preliminary attachment was applied
payment of the obligation contracted, for. The SC said YES, the writ of
bounced. It all bounced. An action for preliminary attachment was validly
sum of money was filed with prayer of issued because there was disposal of
preliminary attachment using that the the property in fraud of creditors.
respondent was guilty of fraud in Even if the disposal was made in line
contracting its obligation. When it of his business, the SC held that the
reached the Supreme Court, the SC disposal was made at midnight and
said no. Preliminary attachment must through the backdoor. So there is
be discharged because there was no fraud.
fraud in contracting the obligation but
there was fraud in the performance
thereof. And at that time, wala pa
yung term na in the performance NOTE: Paragraph f is peculiar
thereof. Hence, the defendant here because it speaks about his situation
won in the sense that the preliminary or residence. So in this instance, any
attachment was invalid. person who left the country and
temporarily reside there, you file an
That is why when they amended the action and you can apply for a writ of
1997 Rules of Court, using the case of preliminary attachment. But take note
D.O. Plaza, they included it in the of the last phrase there and those
present rules. who may be served by publication. So
you cross-refer that to Section 15-17
Paragraph e, is one against a party of Rule 14 on Summons, who must be
who tries to dispose the property served through publication. It applies
again in fraud of creditors. only on actions in rem or quasi in
SC case: So here is a businessman rem. Actions which are strictly in
who was engaged in buying and personam, summons by publication is
selling. So when he owed somebody a not allowed.
sum of money, that somebody filed a
case against this businessman and One of the objectives of a writ of
applied for a writ of preliminary preliminary attachment is to convert
attachment on the ground that the an action which is strictly in personam
businessman was disposing his to an action quasi in rem. Once you
property in fraud of creditors. The SC convert it, then you can now serve
said NO. He is disposing his property summons through publication.
in line of his business precisely he is
in buy and sell. If he does not dispose Q: In writ of preliminary attachment,
his property, how will he ever be able there are three stages:
to pay you. The attachment was A:
invalid. 1. Application. Together with the
Another SC case: Wherein the application is the order granting
the application. attachment, there are three stages.
2. Issuance of the order or the writ of Yung una hindi mo kailangan ng
preliminary attachment. summons. So you can already apply,
3. Implementation or execution of the on the basis that the defendant is
writ of preliminary attachment. outside of the country. You apply
irrespective whether the summons
NOTE: The first two stages may be can be issued or not because it can be
done ex parte. But the last stage must issued ex parte. But dito lang sa
always be with prior or issuance. Pero pag hawak na yan ng
contemporaneous service of sheriff, iimplement na niya under
summons. Hence that applied, you Section 7, levy on attachment, hindi
can avail of paragraph f of Section 1 ka pwede mag levy on attachment if
of Rule 57 in converting the action in the court has not acquired jurisdiction
to an action in rem. Because the writ over the person of the defendant.
of preliminary attachment can be Kaya nakalagay diyan, prior or
issued even without service of contemporaneous. Prior is Mangila
summons. case. Contemporaneous sabay na ng
pag implement ng writ of preliminary
In paragraph f, nakalagay dun that if attachment ang service of summons.
a person cannot be found in the When the property has been attached,
Philippines or is temporarily residing it does not mean that the property is
out of the Philippines, then that can already yours. You have to wait for
be a ground for asking the court to the judgment before you can dispose
issue the writ of preliminary of the property either by public
attachment. But we said, it says there auction or possess it as owner.
further, and all those persons who
may be served summons through Q: Suppose the plaintiff loses under
publication. But sabi natin, who are Section 20, what will answer for
these persons who may be served damages?
summons through publication? Ala A: The bond will answer for damages.
yan diyan. So you go back to Section
15-17 of Rule 14, Extra-territorial
service. But we said that even if NOTE: This is the peculiarity of rule
summons by publication is allowed, 57. Unlike all other bonds which
that is only in cases where the action answer only for damages, it is only in
is not strictly in personam (quasi in Rule 57 will the bond answer for the
rem). Sabi natin, so contradictory judgment. So you underline the word
apparently. Why? Because you are judgment. Kasi dito mo lang makikita
asking precisely for a writ of yan sa Rule 57. Because in Rules 58-
preliminary attachment on that 61, the bond answers for damages.
ground but you cannot serve While in Rule 57, the bond answers
summons to a person if your action is for judgment. Ano'ng ibig sabihin
strictly in personam. Sabi natin, hindi. nun? Sometimes damages can be
Ang explanation diyan is that in the separated from judgment. But in most
application for the writ of preliminary instances hindi. Let's say defendant is
ordered to pay P20,000 as principal discharge of the writ? Siyempre that
obligation and damages of P10,000, party against whom the writ was
so hiwalay. In other cases the bond or issued. A is the plaintiff and B is the
counter bond only answers for the defendant. If A applies for preliminary
P10,000. But in preliminary attachment and it was issued, who
attachment, the bond or counter bond seeks for the discharge? Siyempre si
answers for the P30,000, judgment B. Is it possible that A, in an instance,
and damages. may also seek the discharge of the
writ? Ordinarily no, but if B as a
Do not be misled therefore by cross- counterclaim, which is permissive, B
references to Section 20 by the other will ask for a writ of preliminary
rules. Do you notice that? di ba puro attachment against A. Thus A may
cross-references. Section 8 of Rule also seek the discharge the writ. A
58, Section 9 of Rule 59, and Section can file for a counter bond.
10, Rule 60 cross-refer to Section 20,
Rule 57. The cross-reference is Section 5 speaks of a cash deposit or
correct but the difference is that the a counter bond. The counter bond will
bond and counter bond in all these answer for the judgment. The cash
provisional remedies answer only for deposit will also answer for the
damages. But in writ of preliminary judgment, May pinagkaiba ba yun?
attachment because of its precedent Siyempre iba yun. Yung cash deposit,
section which is Section 19, which pera na yun. But businessmen don't
answers for any judgment. usually do that. What they do is
through surety. And this is an
Q: How do you discharge the writ of instance where surety is automatically
preliminary attachment? impleaded without the requisite
A: So the writ of preliminary service of summons in acquiring
attachment has already been issued jurisdiction over the person of the
or served as the case may be. At any defendant.
stage, you can always discharge the
writ. Under Sections 5, 12, and 13. The difference is, in Section 5, the
These are important sections. Read writ has not been implemented but it
that and you will note the differences. is already issued. In the case of
Section 12, the writ has already been
Q: What is the difference between implemented and custody of the
Section 5 and Section 12? property sought to be attached is
A: Apparently, there is no difference. already in the hands of the sheriff.
But if you try to analyze it, there is a The property is already in custodia
difference. The means to discharge legis.
are the same which is either a cash
deposit or counter bond, which you Regardless in what stage, whether the
find in Section 5. If you go to Section writ was just issued but not yet
12, pareho din ang means which is a implemented or is contemporaneously
cash deposit or a counter bond. implemented, the defendant can
Tignan niyo, sino ang hihingi ng immediately file for a counter bond.
The counter bond, in effect, attachment was issued against my
automatically discharges the writ. sari sari store, and the writ is
implemented, I cannot proceed with
Section 13, another means of my business because it is already in
discharging the writ by filing a motion custodia legis. I cannot start selling
in court questioning the propriety or this because the property which has
regularity of the issuance of the writ. been attached is reserved for
Whether the writ has already been judgment. Remedy? I immediately file
implemented or not, you can avail of a counter bond, and the writ is
Section 13. automatically discharged. So i can
again continue in selling my
Q: What are some grounds of merchandise. Meanwhile when there
irregularity in the issuance? was no writ anymore, I'll file a motion
A: Insufficiency of the bond. before the court claiming that the
Remember that the requirement for issuance was improper and irregular.
the issuance are affidavit and bond. I'm not praying anymore for the
So if the affidavit for example did not discharge of the writ but rather for
contain the required statement as the discharge of the counter bond. So
provided for in Section 3 of Rule 57, answer is YES. One can avail both 12
then that is an irregularity. Or it and 13.
contains but it was untruthful. It was
a lie, then it is irregular. Q: How about Sections 13 and 5?
A: Hindi. Kasi yung Section 5 before
Or suppose the bond which was filed the implementation.
was very insufficient. There was a
claim for P20M and the bond was only I was saying, it is possible that the
P1M. So, the issuance of the writ is applicant loses in the case. It is not a
irregular and improper. guarantee that when you ask for a
writ of preliminary attachment, you
Or it was issued by the court on the will win in the case. Even if you win in
ground not specifically stated in the case, but you may lose in your
Section 1 of Rule 57. Because the 6 application for the writ of preliminary
grounds there are EXCLUSIVE. Wala attachment.
ng iba.
Q: How can this happen?
Remedies are Sections 5, 12 and 13. A: It can happen in such a way that
These are the means to discharge the during the proceeding, it was
writ of preliminary attachment. established that the issuance of the
writ was irregular and improper. And
Q: Can one avail of Section 12 and what does the rule provide? The rule
avail again Section 13 in the same provides that if this happens right
case? there and then before entry of
A: Yes, it can happen. If I was a judgment, you already have to file for
businessman and a case was filed damages. You cannot file that after
against me and a writ of preliminary entry of judgment because you are
considered to have waived your right.
And remember Section 46 of Rule 39,
you can file now a case against the RULE 58
surety even without impleading the PRELIMINARY INJUNCTION
principal. In like manner, provided Provisional Remedy: Preliminary
there is notice, you can go after the injunction
surety if it is a counter bond or surety Principal Action: Injunction
bond.
We said you find an action for
Q: How about a 3rd party claim, injunction in Section 4 in Rule 39. But
which you find in Section 14 of Rule seldom will you find an action filed
57? specifically for injunction only. It is
A: If there is a 3rd party claim, the coupled always with other causes of
same provision as you find in Section action. Like damages, or recovery of
16 of Rule 39 applies. The 3rd party property with injunction and prayer
claimant executes an affidavit, gives it for preliminary injunction and TRO.
to the sheriff and then the sheriff will
deliver back the property, which has Q: When do you apply?
been attached, to the 3rd party A: We said any court has jurisdiction
claimant unless the applicant secures over injunctive relief.
the sheriff with another bond. Pareho It is often said that SC has no
rin yan sa Replevin, Section 7 of Rule jurisdiction over an action for
60 and Section 16 of Rule 39. injunction. Of course not, in the sense
you do not file an original action with
NOTE: Common error of the students the SC. But if your action is certiorari
think that since the 3rd party claimant which is cognizable by the SC, you
files his claim, then the 3rd party can ask for injunction.
claimant should file for the bond. Atty.
Brondial corrects that it is not. The Madaling intindihin ito ngayon, these
applicant for the writ who should file are always in the papers. Ngayon,
the bond without prejudice, of course, maraming mga pulitiko ang hinahabol
to a filing a case against the 3rd party at dinidismiss, kaya they are all filing
claimant who filed a 3rd party claim injunctive relief. They are praying for
frivolously and fraudulently. And that annulment of the order of dismissal or
case can be threshed out in the same cancellation of the order of dismissal
action or even in a separate action. with prayer for injunction and writ of
preliminary injunction. Where do they
go? To the CA because the defendant
here is the DILG. So pwede yun.
While injunction can be availed of in

any court, including the SC, but if you
read cases and statements to the
effect that you cannot file for an
action for injunction to the SC it is
because it is not a court of original Preliminary injunction has no time
jurisdiction over this action except frame. After trial that can become
certiorari, prohibition, mandamus, quo permanent. But remember that a
warranto, habeas corpus. preliminary injunction is a provisional
remedy attached to injunction. So
Q: What are the requirements in order when a preliminary injunction has
for a party to file an injunction with become permanent, it means that you
prayer for preliminary injunction? already won the case of injunction.
A: This basic requirement is a right of But not the TRO, because the TRO is
the applicant. preparatory to preliminary injunction.
1. First requirement: The applicant That is why there is a time frame in
must have a right. This right the TRO which is 20 days in cases of
must be actual, existing and valid the RTC and MTC and 60 days of CA.
and not just an inchoate right or
a right not in esse (substantial). Q: The requirement is verified
Example of an inchoate right is application and bond, when do you
the property of your parents. And apply for this?
you claim to be an heir. You are A: You apply for preliminary
not entitled to the property injunction at any time in the course of
unless your parents die. Your the action even at the commencement
right to the property is just of the action or anytime thereafter but
inchoate. before judgment.
2. Second requirement: There must
be a violation of that right or Q: Preliminary injunctions are of 2
threatened violation. So the kinds:
violation may not be actual. It A: Prohibitory injunction or mandatory
can only be a threat and you can preliminary injunction.
already seek protection through In prohibitory injunction, you seek to
injunction. maintain the status quo. In
3. Third requirement: The violation mandatory injunction, you seek to
or threatened violation will result return to the status quo.
in irreparable damage and
injuries. Let me illustrate: Suppose when you
Take note of these three fundamental go home tonight, you found your
requirements. home without electricity because it
Example is the Idolor case. has been cut by MERALCO for non-
payment of your electric bill. So you
want a return to the status quo, so
NOTE: Preliminary injunction is you file for a mandatory injunction,
preparatory to injunction. TRO is mandating the MERALCO to return
preparatory to preliminary injunction. electricity to your residence.
And within that TRO is the 72 hour
period of the TRO. Tatandaan niyo to Suppose when you arrived at home
a. what you got was a notice of
disconnection, may ilaw pa kayo. The
notice of disconnection is a warning. notice is when is the raffle date and
It is a threat of a violation of your your failure to attend after notice, you
right or violation of your contract. So waive your right to be present at the
what do you file? Prohibitory raffle. And then later on is notice of
injunction, you seek to maintain the hearing.
status quo of having lights in your
house. During the hearing, the applicant
should present evidence and the
Q: Can you get injunctive relief ex defendant should present his
parte? evidence. Ordinarily, what is given is
A: In no way. It must always be after TRO. This TRO, if it is issued by the
hearing. You cannot get injunctive RTC or MTC, is good only for 20 days.
relief ex parte. I would like to Upon expiration, it cannot be
emphasize there as to where you are renewed. It is grave abuse of
applying because this has always discretion on the part of the court to
been a case for discussion. If you extend even upon agreement of the
apply for the writ for injunctive relief parties cannot and should not be
before a multi-sala court, there are 2 extended. In the case of the CA, it is
notices necessary for issuance of the 60 days.
writ of preliminary injunction.
Q: Where do you count the 20 day or
Q: Ano ba ang multi-sala court? 60 day period as the case may be?
A: There is only one RTC Manila. But A: From issuance.
there are many salas, RTC Branches
45-48, etc. Quezon City marami din I would like to find out, that every
yun. Yan ang tinatawag na multi-sala. TRO cannot be granted ex parte
Pag 2 na yan, multi-sala na yan. except on a very urgent matter where
the hearing can be done summarily.
In the case of a TRO which is good for
72 hours, this time from notice.
The rules provide that when you apply
for injunctive relief before a multi-sala Q: Why 72 hours?
court, the executive judge, even A: Kasi dito sa Pilipinas, ordinarily
before hearing the case, must give non-working day ang Saturday and
notice of raffle. Raffle pa lang, may Sunday. So hindi pwedeng 48 hours
notice na dapat. So that if there is no baka kasi pumatak dun sa Saturday
notice of the raffle date, it is already or Sunday. Kaya 72 hours because it
violative of the due process clause of is 3 days, kahit yun pumasok ng
the constitution. Kung single sala, friday ng hapon, papatak yun ng
wala na. Ang notice mo ay notice of lunes. O pag binigay yang ng
hearing because hearing is saturday, papatak pa din yan ng
mandatory. But if it is in Metro Manila lunes.
or if it is a multi-sala court, 2 notices,
Notice of raffle and notice of If the court continues your 72 hour
hearing. So ang ipapadala munang TRO to a full 20 day TRO, the 72
hours will be included in the 20 days.
This time counted from the issuance
of the TRO of the 72 hours.
Q: Why 20 days?
A: It is because this is roughly 3
weeks. And within a 3 week period,
the court must hear whether or not to
grant the writ of preliminary
injunction. The court is a very busy
body and you cannot set it for hearing
immediately because there are other
cases filed before it.
Q: How do you discharge the writ?

A: You cannot discharge the writ
through a counter bond. The only way
is to question the propriety or
regularity of the issuance. But even
then, chances are it will just be
denied. Kaya pag na issue ang TRO
for 20 days, wait ka na lang after that
period. That's why it's not that long
because it is really to be threshed out
whether there was violation of the
right, whether it will cause irreparable
damage or injury.
Any action, if there is a violation of a

right, you can ask for injunctive relief.
RULE 59 RECEIVERSHIP
How about damages, you are cross-
referred to Section 20 of Rule 57. But When we talked about receivership it
the bond here answers only for is both a provisional remedy and a
damages. principal action. Although it can
happen that receivership is attached
as a provisional remedy to an action
for a recovery.
Q: What is the principal action for

receivership?
A: If the receivership is used as a
provisional remedy, the principal
action here is for recovery of property
whether real or personal.
A: Sec. 1 Rule 59
Q: What would be the jurisdiction? a. When it appears from the
A: Jurisdiction shall depend upon the verified application, and such
principal action. It can be taken other proof as the court may
cognizance by the inferior court or the require, that the party
regional trial court. You cannot file it applying for the appointment
to the Court of Appeals or the of a receiver has an interest
Supreme Court. You only file original in the property or fund which
actions in the SC or CA in a very is the subject of the action or
peculiar actions and we already know proceeding, and that such
that when we studied jurisdictions. property or fund is in danger
Concurrent jurisdictions like certiorari, of being lost, removed, or
prohibition, mandamus, quo warranto, materially injured unless a
habeas corpus. receiver be appointed to
administer and preserve it;
Q: If you file an annulment of b. When it appears in an action
judgment of the MTC, where will you by the mortgagee for the
file it? foreclosure of a mortgage
A: We do not apply Rule 47 because it that the property is in danger
is for the order of the Regional Trial of being wasted or dissipated
Court, we apply the general rule that or materially injured, and
no actions on appeal can go to the CA that its value is probably
or SC because it is a judgment of insufficient to discharge the
MTC. RTC has jurisdiction even mortgage debt, or that the
though it is annulment of judgment. parties have so stipulated in
the contract of mortgage;
If receivership can be taken c. After judgment, to preserve
cognizance depending on the principal the property during the
action, but if the principal action is pendency of an appeal, or to
receivership itself since receivership dispose of it according to the
may be the principal action. While judgment, or to aid execution
preliminary injunction can never be when the execution has been
the principal action, what is the returned unsatisfied or the
principal action there is injunction. In judgment obligor refuses to
receivership it may be a principal apply his property in
action or provisional remedy. If it is a satisfaction of the judgment,
provisional action it must attached to or otherwise carry the
a principal action which is recovery. judgment into effect;
But unlike attachment, Sec. 1 Rule d. Whenever in other cases it
57, states the grounds for appears that the
attachment. Sec. 1 Rule 59 also gives appointment of a receiver is
the different kinds of instances where the most convenient and
you can apply for receivership. feasible means of preserving,
administering, or disposing of
Q: What are these instances? the property in litigation.
property is still in danger of being
Q: What is the purpose or the reason loss, dissipated, destroyed or its value
for assigning or appointing a receiver diminished.
in these instances?
A: It is for the preservation, Q: Where do you apply? Is it in the
administration or disposal of the appellate court or trial court?
property. A: Amendment of the rule, the
appellate court may allow the
Note: You must be logical in your application to be filed in and decided
analysis. Why do we have to preserve by the court of origin and the
the property? If the property is appointed receiver of the court of
already there, why do you have to origin has control over the property
preserve it? Because it is not being under receivership. Sec. 1 Rule 59
preserve. It is in danger of being loss, last paragraph.
dissipated, damage or the value is This amendment is exceptional
being diminished. If such reason does because under Sec. 9 Rule 41
not exist, you cannot ask for perfection and loss of jurisdiction. The
receivership. In administration, the court of origin has no more
value may be diminished hence the jurisdiction over the action but still
need for receiver to retain the value the court of origin can still appoint a
of the property or the property is receiver, this is the reason why it is
supposed to be disposed but it is exceptional. If you look at the 1960
disposed irregularly. rule which was amended by the 1997
Even a mortgagee can file for a rules of court hindi pa yan pwede but
receivership because the property now pwede na. because the rationale
being mortgaged is in danger of being there is what is actually appealed is
loss, dissipated, destroyed or the not the subject matter of receivership
value diminished. but the principal action, here it is
merely a provisional remedy. Sir does
Q: How do you apply for receivership? not totally agree with that because as
Procedure for receivership? said earlier receivership may be a
A: File an application for appointment provisional remedy or a principal
of a receiver which is ordinarily a action, so if it is a principal action
verified petition. definitely it is appealed there. The real
reason there is that it is in the
Q: What do you mean by a verified exercise of its residual jurisdiction.
petition?
A: When you talk about verified Q: What are the requirements?
petition it simply means that the A: Affidavit and bond.
petition must be under oath. Verified
under oath. Q: What constitutes the affidavit?
A: The affidavit here pertains to the
Q: When do you apply? affidavit of merits, same as Rule 57
A: From the commencement of the Sec. 3 requirements but different
action even after appeal because the
grounds. It is a mandatory shall issue an order appointing a
requirement for receivership. receiver, so what are the duties and
responsibilities of a receiver?
Q: Who should file the bond? A: Sec. 6 Rule 59 a receiver shall
A: The applicant and the receiver shall have the power to bring and defend
file the bond. An applicants bond and actions in his own name; to take and
a receivers bond because the keep possession of the property in
applicant may not be appointed as the controversy; to receive rents; to
receiver. As much as possible, a party collect debts due to himself as
to the case should not be appointed receiver or to the fund, property,
as receiver, if you are the applicant it estate, person, or corporation of the
does not follow that you will be same; to make transfers; to pay
appointed as the receiver. Because outstanding debts; to divide money
these are 2 different bonds they must and other property that shall remain
undergo 2 different things. The among the persons legally entitled to
applicants bond answer for the receive the same. However, funds in
damages caused by the applicant the hands of the receiver may only be
while the receivers bond answer for invested only upon order of the court
the damages caused by the receiver. and upon written consent of all the
parties to the action. No action may
Q: What happens if the applicant is be filed by or against a receiver
appointed as the receiver himself? without the leave of the court which
Does he file 2 bonds? appointed him.
A: Yes, that’s why you do not limit
yourself to replevin where the bond is Q: Can a receiver be sue or be sued?
twice the value of the property. It can How is it related to Sec. 1 Rule 3?
also happen here that 1 person files 2 A: Yes, cross referring it to Rule 3
kinds of bonds although not Sec. 1 who may be a party? A party is
necessarily the value of the property one who may be benefited or
because here just like attachment it is prejudiced by the suit. A receiver shall
with the discretion of the court. The not be damage or prejudiced by the
court may only require his bond not suit nor benefited thereto. He is not a
necessarily an amount equal to the party in interest, so why can he sue
value of the property but in replevin and be sued? Because he will fall
the rules specifically provide that the under an entity authorized by law just
bond must be twice the value of the like an executor or administrator, he
property. Here not necessarily, pero 2 has no interest on the estate so he is
pa rin, one coming from the applicant not a party in interest actually. But he
and another from the receiver, so if is authorized, he has what we call
the applicant was appointed as the legal standing.
receiver he files 2 bonds. One as an
applicant and another as receiver. Q: An order of receivership or
appointing a receiver will take over
Q: If the 2 requirements are complied and must have possession of the
with, the affidavit and bond, the court property, if necessary these
properties refer to everything under
litigation including books of accounts
and everything. They are also obliged
to deliver or surrender do not comply
what should the receiver do?
A: He can ask the court to cite him for
contempt.
Q: How receivership is terminated? Rule 60 Replevin

A: When there is no more reason for Q: What is the principal action?
its existence it has to be terminated. A: Recovery of possession of
Therefore if the properties subject of PERSONAL property
receivership is no longer in danger of
being wasted, lost, damage, injured Q: Which court has jurisdiction?
or value dissipated then receivership A: MTC or RTC depending upon the
will terminate. value of the property because
technically replevin is only a
One common example here is when a provisional remedy.
corporation who is now in the stages
of winding up its affairs. During that Note: only receivership may only be a
time, the stock holders usually… principal action but replevin will
nakaw dito nakaw doon…usually the always be a provisional remedy.
better solution is for the appointment
of a receiver. A receiver is not Q: What are the grounds for
necessarily an individual person, it application of replevin?
may also be a corporation. Banko A: Sec. 2
Pilipino for example, it was placed by a. That the applicant is he
receivership by the Sentral Bank. The owner of the property
problem was that the receiver claimed, particularly
assigned was more corrupt than the describing it, or is entitled to
stock holders before the termination the possession thereof;
of the receivership he left for the b. That the property is
States and stayed there permanently wrongfully detained by the
bringing with him all the assets of adverse party, alleging the
Banko Pilipino. It took Banko Pilipino cause of detention thereof
more than 20 years to recover. That is according to the best of his
why the receiver is also obliged to knowledge, information, and
give a report, a return or an belief;
accounting of his duties and c. That the property has not
responsibilities to the court otherwise been distrained or taken for
before you know it baka lalo lang a tax assessment or a fine
nawala and lahat. pursuant to law, or seized
under a writ of execution or
preliminary attachment, or
otherwise placed under
custodia legis, or if so seized, actual possession of the property for
that it is exempt from such safe keeping.
seizure or custody; and
d. That actual market value of Note: In attachment the taking of the
the property is stated in the property is for the purpose of awaiting
affidavit. for the final judgment, here in
replevin the reason for the taking of
Q: If A sold a lot to B, then B caused the actual possession of the property
the titling of the property fraudulently is for safe keeping.
in his favor can A ask for recovery of
the property being entitled to the Q: How long should the sheriff hold in
recovery of the property? possession of said property?
A: No, because replevin only applies A: Only 5 days, after said period he
to personal property. must deliver said property to the
applicant.
The other provisional remedies we
studied so far, you apply for the Q: So the defendant must object? If
provisional remedy from the he does not object, what happens?
commencement of the action or A: Yes, it requires an objection. If
before judgment and even after such objection is not made the
judgment in the case of receivership. possession of the property shall be
But in replevin it should be availed of given to the applicant.
before answer.
Q: How do you discharge the writ of
Q: Why should replevin can only be replevin?
availed of before answer? Why would A: By filing a counter bond which is
an answer disqualify an application for called redelivery bond within the
replevin? After answer it cannot be period of 5 days. And within that
applied for anymore, why? period if the writ of replevin is
A: When an answer is filed issues are intended to be discharge the
joined and because issues are joined, defendant must file a counter bond
the court already knows whether the which is also known as redelivery
applicant is entitled to the ownership bond. If the defendant puts up a
or possession. So hindi na igagrant ng redelivery bond then the sheriff is now
court, kaya it must be before the required to return the property to the
answer because it is an immediate person to whom he got it. But if the
remedy. defendant fails to put a redelivery
bond then the sheriff will deliver it to
the applicant.
Q: To whom the writ of replevin Remember that this is only a

addressed? What should he do after provisional remedy, the principal
issuance of writ? action is recovery of possession of
A: To the sheriff, and after issuance of personal property. Later on, in the
the writ of replevin he shall take principal action you can thresh out
ownership as the basis for the A: Affidavit and bond.
recovery of possession. Therefore
possession becomes an effect of We said in receivership that it can
ownership. If he is only entitled for happen that there is 2 bond if the
possession, pwede pa rin. applicant is appointed at the same
time as the receiver. In replevin it can
Yang vs Valdez be thrice.
The 5 day period is mandatory, even
if you put up a redelivery bond but Q: Give the circumstance wherein it
beyond the 5 day period it will not can happen?
have the effect intended for. A: If there is a 3rd party claimant.
Note: This is the shortest period Note: We’ve studied 3rd party claim in
wherein the sheriff have custody of Rule 39 execution, 3rd party claim in
the property, in attachment from attachment and again here in
application which may be from the replevin. Sec. 16, 14 dito naman 7.
commencement of the action until The same provision, meaning if a 3 rd
final judgment which may last for 10 party claims ownership or entitlement
years. Here, you may even file for of possession of the property subject
receivership kasi baka yung property of replevin then the applicant must
e ginagamit na ng sheriff. And usually file another bond which is not less
you do not assign the sheriff or the than the value of the property. So 3
clerk of court as a receiver. It is even na. This is without prejudice to a
advisable not to assign a party to the possible action for damages filed
case as a receiver. against the 3rd party claimant if the 3rd
party claimant’s claim is found to be
Q: How much the bond be? frivolous or fraudulent. Where do you
A: Twice the value of the property. file it? Either in the same action or a
separate action for damages.
Q: If the defendant objects on the In attachment if you file for damages

ground of insufficiency of the bond or Sec. 20 Rule 57 you have to do it
to the validity or capacity of the before entry of judgment, dito sa
surety, what happens now? replevin it can be file in a separate
A: Sec. 5 Rule 60. Then the court action. You should know the
must ask the applicant to satisfy the distinctions between the different
insufficiency of the bond, and only provisional remedies, they are
when the order comes out and there different, one from another.
is still no satisfaction of the
insufficiency of the bond then the Q: If there is already a writ of replevin
property shall be delivered to the and the sheriff already took
person to whom it was taken by the possession of the property and given
sheriff. it to the applicant, how can it be
discharged?
Q: What are the requirements? A:
Because precisely the ownership is in
Q: How do you discharge a writ of question.
attachment?
A: Sec. 5, 12, 13 Rule 57. Sec. 13 is Dito naman delivery until you put up
by motion, Sec. 5 is by counterbond. another bond equivalent to the value
Dito naman sa replevin may of the property.
equivalent for that, a counterbond
also or by redelivery bond, how much While the property now is in the
is the redelivery bond? Equal to the hands of the applicant, the main
bond therefore twice the value of the action should proceed and what
property also. Or you question the should be the judgment? Important
propriety or regularity of the issuance. to.
Q: What are the possible grounds Orosa case

there? Sec. 9 only in the alternative. Hindi
A: That there is no basis, or there is pwede yung 2 ang ibigay.
no entitlement of ownership or
possession of the property. Then the Q: What are the alternative decisions
writ can be discharged. But the here?
immediate way to discharged it is thru A: It is either give the property or pay
a redelivery bond which is equal to the value.
the value of the bond which is twice
the value of the property. The best example of replevin is buying
a car. But most buyers don’t buy in
Yung 3rd party claim, the same cash almost everyone is buying thru
provision yun, the same application. installment. Here you are not the
In other words, thru an affidavit owner yet, when the car is given to
furnishing the same to the sheriff, the you, you execute a mortgage,
sheriff is entitled to deliver it to the 3 rd mortgaging the same car to the seller.
party claimant unless the applicant Read the contract, it always has a
puts up another bond. So thrice na clause in default, if it says there that
lahat, the value of the property. if you default for example 2 months of
payment, the seller will have the right
Do you recall the peculiarity in what to foreclose the mortgage judicially or
we studied in the writ of execution? extrajudicially. Here, the foreclosure
Under Rule 39, when there is a 3 rd will always carry a prayer for replevin
party claim, during the auction sale, and the seller is willing to pay twice as
even if the purchaser is the judgment much as the value of the property
obligee he has to pay. Ordinarily, the because the bond is not a cash bond
judgment obligee, if he is the but merely a surety. Once they
purchaser during an auction sale foreclose they get the car, complying
pursuant to an execution he does not with all the requirements. Once they
have to pay. But if there is a 3 rd party recover it after the case, the same car
claim, then he has to pay. Why? shall be resold.

Replevin as well as attachment is
known as custodia legis. Property
which has been attached can no
longer be the subject of replevin, but
a property replevined can be the
subject of attachment minus/less
delivery. Note parehong may delivery,
pag replevin kinuha na, pero pwede
mo pang iattach without delivery
because in attachment you also take
but first right sa replevin, di mo na
pwede kunin yun. But you can attach,
because attachment simply furnish
him with the copy of the order. So
ano ka? Subsequent lien holder ka
dun. The attaching creditor shall be a
subsequent lien holder. Replevin
replevin no… attachment attachment
yes why? Because it depends upon
the value, if the value of the property
for example a 100 square meter
property in makati worth 2m and it
was attached for a debt worth 1m, it
can again be attached. But in the case
of levy, levy on attachment who is ….
the first attaching creditor. Kung may
sobra ibabalik dun sa may owner. And
you can even be a redemptioner there
because you are a subsequent
attaching creditor. So if there are 2 RULE 61 SUPPORT PENDENTE
attachment, the 2nd attaching creditor LITE
is or maybe a redemptioner if the Q: What is the principal action?
property is sold thru levy in A: Support, support pendent lite being
attachment. a provisional remedy cannot stand
alone, it must be attached to a
principal action which is an action for
support.
Q: Which court has jurisdiction?

A: The court which has jurisdiction
over the principal action. RTC
Q: Why RTC? Can it be MTC?

A: Because the subject of support is
not capable of pecuniary estimation so
only cognizable by the RTC. The summons). If he failed to appear,
amount asked or prayed in the action court grant an order of support
of support is immaterial because the pendent lite, here it is only
issue here is whether or not the provisional.
applicant is entitled to support.
An unwed mother living in the
Q: Is there any exception to the rule? squatters area in Tondo asked the
Are there circumstances wherein court for support and asked to be
support pendent lite can be taken granted provisional support to her
cognizance by the MTC or inferior only child in the amount of 50k a
courts? month. The court will ask why 50k?
A: Yes, in criminal cases because Panggasulina po. Ilan ba kotse mo?
support pendent lite which attaches to Wala po. Nanghihiram lang ako ng
support can be filed together with the kotse. Ilang taon na ba ang anak mo?
criminal case because in criminal 3 months old po. Ano ba ang gatas
procedure it is now provided that once nya? Breast fed po? Sabihin ng court
you filed a criminal case the civil di mo kailangan ng 50k ang kailangan
aspect is deemed instituted with it. mo lang e malunggay…LOL. Para
mayroong gatas, and you are only
Q: What are exceptions to that? feeding milk to your son… o baka
A: Reservation, prior institution. naman may pinapadodo ka pang iba
dyan…LOL. Provisional lang to, kya
Q: The usual case of an unwed the court may grant 5k a month
mother goes to court and ask support provisional remedy.
for the child. When can she file it?
A: From the commencement of the Note: That this provisional remedy
action or at anytime prior to final shall depend upon the capacity, eto
judgment. ang very wide discretion ng court.
Capacity ng person who will give
Q: Then the court must take support.
immediate action on the provisional
remedy of support pendent lite. What Q: Suppose the respondent does not
does the court do? comply, what should the court do?
A: The court shall issue an order A: The court shall issue an order to
directing the respondent to file a execute
comment within 5 days. And with or
without comment, hearing must be As we have studied under the Rule
held by the court. The hearing here is 39, only final order or judgment may
for the provisional remedy. (parang be executed. Then why should it be
injunction, it cannot be granted executed? In fact, this is an
without a hearing. In preliminary interlocutory order like an
attachment pwede, kasi it can be appointment of a receiver, it is not
granted ex parte but it cannot be appealable only subject to certiorari if
implemented without prior or there is a ground.
comtemporaneous service of
Q: If these is merely an interlocutory respondent may seek reimbursement
order, why should it be executed? in a separate action to the person
A: The rule so provides that this is the legally obliged to give support.
only instance where an interlocutory
order may be executed. That Note: 2 remedies restitution and
provisional remedy of support reimbursement plus damages.
pendent lite can be subject of a writ of
execution. It is a very exceptional
character. It is an exception to the
rule that only a final and executory
order may be executed.
Mongonon vs CA 495 or 496 or
Q: Mother was granted 10k a month, 497 SCRA
in the process the main action is being De Asis doctrine
heard which is support proper to Support never becomes final, so res
make the support pendente lite judicata does not apply. Because if
support already. Suppose the granted 10k by court as support (not
respondent was able to establish that just pendent lite) may judgment na
he is not liable to give support for support. You can always go back
because he was able to prove that he to court and asked for increase or
was not the father. What happens decrease of support because it
now? depends upon the capacity of
A: Court shall order the return of the respondent and needs of recipient. In
paid amount with payment of legal the De Asis case, the parties thereto
interest from the dates of actual made a compromise and later on the
payment, without prejudice to the other party filed another case for
right of the recipient to obtain support. The respondent alleged that
reimbursement in a separate action the compromise judgment is
from the person legally obliged to give immediately executory and there is
support. Should the recipient fail to res judicata. SC ruled that there is no
reimburse the amounts, the person res judicata in support, it is never
who provided the same may seek final.
reimbursement in a separate action
from the person legally obliged to give People vs Manahan
such support. Acknowledgment must be distinguish
and separated from support. If the
Q: What happens to the provisional defendant is married, under that
remedy which has already been doctrine, he may be forced to give
granted, yun ba ang ibabalik? support but not to acknowledge the
A: child. The rationale there is in the
Family Code because it would
Q: If the applicant cannot return the introduce bad blood in the family.
support granted then what happens?
A: She cannot be forced nor be Sir: Doesn’t like that doctrine, he
imprisoned for that. But the should be forced to acknowledge the
child. It is his fault so why should not summons there, the court acquire
he acknowledge. jurisdiction by the issuance of order to
file a commnent.
Distinguish Rule 65 with Rule 45

In special civil actions in Rule 65 it
says there that the tribunal, body,
board, officer, corporation are only
nominal parties and under regulations
now of the SC, circulars, the tribunal,
corporations under or impleaded as
respondent are not suppose to appear
and not suppose to file pleadings, let
the private respondents do that for
them.
That is why in certiorari, you say
petition for certiorari Juan De la Cruz
vs RTC branch 45 manila then name
of respondent. The principal
respondent there is the tribunal court
or bodies, but they become nominal in
the process.
Q: Name the special civil actions?

A:
1. Rule 62 Interpleader
2. Rule 63 Declaratory Relief and
Similar Remedies
3. Rule 64 Review of judgments
SPECIAL CIVIL ACTIONS and final orders or resolutions of
the COMELEC and COA
Q: What is so special about special 4. Rule 65 Certiorari, Prohibition
civil actions? Why are they called and Mandamus
special civil actions? 5. Rule 66 Quo Warranto
A: Because each particular civil 6. Rule 67 Expropriation
actions are governed by their own 7. Rule 68 Foreclosure of Real
special rules. Ordinary rules of court Estate Mortgage
does not apply to them but is only 8. Rule 69 Partition
suppletory in character. For example 9. Rule 70 Forcible Entry and
some special civil actions have no Unlawful Detainer
summons, the court acquire 10. Rule 71 Contempt
jurisdiction over the respondent in a
different manner but in ordinary
actions summons is mandatory. Like
in certiorari, there is no issuance of
surrender the premises to B, but C
and D came forward and said they are
entitled to that. A now does not know
to whom to deliver, therefore A should
file an interpleader. Example of
obligation, to paint, sculpt, perform.
Q: How do you distinguish now

RULE 62 INTERPLEADER interpleader from intervention?
Q: Which court has jurisdiction in an A: Interpleader is a special civil action
action for interpleader? while intervention is an ancillary
A: It may be taken cognizance by action. In the former there can be no
MTC or RTC. It depends upon the single defendant, there must be at
subject matter of the interpleader. least 2 defendants while in
intervention there can be 1 defendant.
Q: Why does it depend upon the In the former there is no action yet
subject matter? What can be the while in the latter there is already a
subject matter of an interpleader? pending action.
A: Property whether real or personal
may be the subject matter of an Note: If you are asked to make a
interpleader, aside from that distinction do not define one and
performance of an obligation may also period because you are not stating a
be the subject matter of an distinction at all.
interpleader.
Q: After an action of interpleader is
Note: Performance of the obligation filed, what happens next?
cannot be filed in the MTC because it A: The court shall order the
is incapable of pecuniary estimation respondents to file their answer.
which is only cognizable by the RTC.
Performance of an obligation amounts Note: This is the only rule where
to specific performance which is not there is a section for a motion to
capable of pecuniary estimation. dismiss. Defenses and objections, that
is what is meant there.
For example you found a wallet, you
surrender it to the dean, upon After filing an answer and once the
opening of the wallet it was found to issues are joined then you go to the
contain a check worth 350k payable regular rules of court which is you go
to cash. A,B,C, and D alleges to pretrial then trial.
ownership. The dean has no other
choice but to file an action for
interpleader because there are 4
different claimants. Another example
is A and B are lessor and lessee over Q: What should the judgment be by
an apartment unit. At the end of the the court in an interpleader case?
contract of lease A would like to
A: The judgment shall be a
declaration as to who is entitled or
who is the legitimate or entitled to the
real or personal property or of the
performance of the obligation.
Wakwak golf case

Interpleader is a compulsory
counterclaim. When Tan filed a case
against Wakwak knowing already that
there is another claimant, it could
have and it should have filed a
compulsory counterclaim of
interpleader. For not doing so, it is
considered that it had waived its right
to any action against the defendant.
RULE 63 DECLARATORY RELIEF
Q: Can there be a compulsory AND SIMILAR REMEDIES
intervention? Q: Which court has jurisdiction over
A: Yes it can happen. declaratory relief?
A: RTC has original and exclusive
Eternal Garden vs IAC jurisdiction because the subject
Court may order that the subject matter is not capable of pecuniary
matter be paid or delivered to court. estimation.
And the person who filed the
interpleader having no interest over Note: The real declaratory relief is
the subject matter should be ordered stated in the first paragraph of Sec. 1
by the court to do so. Rule 63, the 2nd paragraph which
pertains to reformation of instrument
So if you have an action for or quieting of title is not declaratory
interpleader you should ask the court relief it is similar remedies. The 2 nd
to deposit. paragraph was added there to give life
to certain provisions of the Civil Code
Q: What if the action is for the which has no corresponding
performance of an act, can you ask procedural aspect. It is even
for its deposit? A: No, the person who misplaced, it should fall under
is obliged to perform will not stay ordinary action.
there. It is only applicable to real or
personal property. Q: What’s the venue?
A: If personal action, where the
plaintiffs or respondents resides at the
option of the plaintiff.
Q: What is the subject matter?

A: Any contract, will, deed, or other A: Then the action shall be converted
instruments or whose rights are into an ordinary action.
affected by a statute, executive order
or regulation, ordinance or any other Q: How do you convert the action?
governmental regulation. A: File a motion to amend action with
leave of court.
Q: What is the condition? What is the
peculiarity there? Q: Example a regulation of a school
A: Before breach of contract or was issued stating that by the school
violation of the statute. If there is year 2008-2009 starting June tuition
already violation in the contract or fees shall be raised by 120%. There
statute then declaratory relief is no was already a circular to that effect.
longer applicable. Declaratory relief was filed, pending
action June 2008 came. The increase
Meralco vs Philippine Consumers was already collected from the
374 SCRA students so you convert your action
There was a PD by Marcos reducing for declaratory relief to what kind of
the Tariff rate of electricity from 5% action?
to 2% and then the Phil. Consumers A: Convert is to collection of sum of
Foundation Inc. wanted that the 3% money.
reduction be given to the consumers.
The BOE denied it. It was never A and B are lessor and lessee of a
appealed so the order of BOE became property. And the contract of lease is
final and executory. 5 years after PCFI for a period of 10 years from year
filed an action for declaratory relief. 1990 to year 2000. In 1995 the land
SC dismissed it because the PD has was overrun by MNLF and so the
long been breached already. The lessee left the property. 4 years
doctrine here is that you cannot file thereafter, in 1999 the MNLF was
an action for declaratory relief if there driven away by the military so B
is already breach. returned to the premises. He files for
an action of declaratory relief asking
Example Makati issued an ordinance the court to determine whether the
banning smoking even on the street contract will expire 2000 or 2004.
effective on Dec. 20, 2008. Before why? Because he was not able to avail
Dec. 20, 2008 arrives you have the of the 4 year period when it was
right to file an action for declaratory under the possession of the MNLF. So
relief. Pero pagdating ng Dec. 20 no he filed for declaration of relief, but
more, because once Dec. 20 arrives the action has not yet terminated it is
there is a reasonable presumption already 2001, by 2001 the action
that there is already a violation. must be converted into what? Into
either unlawful detainer or forcible
Q: Suppose you’ve already filed an entry as the case may be or for
action before breach, then pending recovery accion publiciana.
action there is already breach, then
what happens?
Q: Is the court bound to make a in the case of the latter the only
judgment in an action of declaratory limitation being is it should only be in
relief? aid of its appellate jurisdiction.
A: No, another peculiarity here is that
the court is not bound to make a
judgment.
RULE 65 CERTIORARI,
Q: When is it not bound to make a PROHIBITION, AND MANDAMUS
judgment?
A: When there will be no finality in Rule 65 Certiorari Prohibition
the resolution of the rights and Petitioner Any aggrieved Same
privileges (Plaintiff) party
Respondent T–B–O Tribunal,
Manhattan Bank New York Board,
MBNY is a trustee of a will and one of Officer,
the named devisee in the will filed an Person,
action for declaratory relief without Corporation
asking the court to determine who are Grounds 1. Lack of Same
the compulsory heirs and what are jurisdiction
their specific rights under the will. The 2. Excess of
petitioner did not implead the jurisdiction
compulsory heirs, the court refused to 3. Grave
render judgment because even if it abuse of
did it will not finished or end the discretion
controversy. amounting to
lack of
RULE 64 REVIEW OF JUDGMENTS jurisdiction
AND FINAL ORDERS OF THE
COMELEC AND COA
Remember that Rule 64 cross refer Functions of Judicial/quasi Same +
you to Rule 65 so we do not have to respondents judicial ministerial
discuss Rule 64 functions functions
(discretionary)
Q: What is the difference between Conditions 1. No appeal Same
Rule 64 and Rule 65? 2. No plain,
A: In Rule 64 it only applies to COA speedy,
and COMELEC while in Rule 65 there adequate
is no specific agency. In the former remedy in the
the petition should be filed 30 days ordinary
from receipt of notice while in the course of law
latter it is filed 60 days from notice. In Judgment To annul/void To cease
the former it is solely cognizable only judgment or and desist
by the SC while in the latter there is final order
concurrent jurisdiction between SC,
CA, RTC and even Sandiganbayan but
jurisdiction that is why the ground
Let us now discuss these: cannot be any of the 3 because it is a
Q: We do not have any problem in the mode of appeal. It is called errors in
aggrieved parties. How about the judgment. Under Rule 65 it is errors
respondents? of jurisdiction. Errors of judgment are
A: In prohibition you add the person correctible by an appeal, while error
and the corporation and remember of jurisdiction is correctible by
that this used to be under the certiorari.
jurisdiction of the SEC, but this is no
longer true. How about this person? Q: Give example of excess of
This is not ordinary individual person jurisdiction?
but a person exercising quasi judicial A: Here the court has jurisdiction but
function. Remember that quasi it exceeded its authority. Example is
judicial bodies as we have studied when MTC in a case of reckless
does not belong to the judiciary and a imprudence resulting to homicide
lot of them falls under the executive rendered a judgment of conviction of
branch of the government and that 20 yrs imprisonment. This is clearly
includes the NLRC. The NLRC is not a excess of jurisdiction.
judicial body but it exercises quasi
judicial functions. Before amendment in summary
procedure, attorneys fees are limited
UP Board of Regents vs Tailan to 20k wala na yan ngayon. So if a
Board was considered as a body court grants more than 20k as
exercising discretionary function, in attorneys fees under the old law it is
effect quasi judicial. Even in an clearly excess of jurisdiction. Under
administrative bodies, a school board, the new law it may be grave abuse of
when it rules that a student is not discretion but not anymore excess of
entitled to be enrolled in said school jurisdiction.
due to some grounds.
Court penalizes lawyer in the amount
Lapid vs Laurea of 20k for direct contempt for coming
Requirement of certiorari late. Maximum penalty is 20k so no
excess of jurisdiction but maybe grave
Q: Give example of lack of abuse of discretion.
jurisdiction?
A: Tribunal, body, board or officer has Q: What is grave abuse of jurisdiction
no authority to decide the case. amounting to lack of jurisdiction?
Example MTC rendered a judgment on A: It is a capricious or whimsical
an issue which the subject is not exercise of judgment and despotic or
capable of pecuniary estimation. arbitrary exercise thereof.
Russel vs Vestil Certiorari is always questioned in the

bar or at least it is always mentioned.
Note: Under Rule 45 which is a mode So if you are asked a question about
of appeal, the body there acted with certiorari and you do not know
whether it is excess of jurisdiction or Why? Because I have 2 more
grave abuse of jurisdiction amounting daughters….LOL.
to lack of jurisdiction, just remember
4 adjectives – whimsical, capricious, Note: In all of these grounds – lack of
despotic and arbitrary. When you see jurisdiction, excess of jurisdiction,
any of these words, it is grave abuse grave abuse of discretion. Ang malimit
of discretion because in all mong mabasa is grave abuse of
jurisprudence involving certiorari, discretion kasi very clear pag excess
these are the words often used by the of jurisdiction and lack of jurisdiction.
SC. But there may be a case wherein
it does not use the specific words, It is important that you must establish
kaya dapat alam nyo ang meaning the existence of whimsical, capricious,
and synonyms of these terms. despotic or arbitrary. If you cannot
establish that then the court should
Q: When is it capricious? How about deny it because it would then be an
whimsical? Despotic? Arbitrary? error of judgment and not error of
A: jurisdiction. The remedy would be
Note: That the word capricious and wrong. And at the time of said
whimsical always go together. You will judgment the case would be final and
not find one without the other. It executory because the right to appeal
means it is only based on whim, there is lost because the period for filing an
is no need, no necessity. It is appeal has already lapse.
unreasonable.
Arbitrary naman is no basis, Note: That certiorari does not stop
unwarranted, baseless, the law does the running of the period of appeal.
not provide. Despotic on the other
hand is when it is done out of passion, Note: Discuss mandamus with quo
out of revenge, out of hatred or out of warranto because of the similarities
love. Remember despotic pa rin yan between the 2.
kahit out of love. Relationships,
maraming jurisprudence dyan, kaya Q: Let us now go to functions of the
lawyers always file motion for respondent. In Certiorari the functions
inhibition. are judicial and quasi judicial function.
Now, what is judicial function?
Q: Give example of grave abuse of A:
discretion?
A: In filing a motion to quash Q: The distinction lies in the root of its
grounded on double jeopardy and in power since both exercises the same
your motion you attached the power which is the power to hear and
judgment of conviction of your client. determine a case, so what is the root
Very clear he has been convicted of its authority?
already. Court denied motion stating A: In judicial function the root of its
yes you have been convicted of rape power comes from the judiciary itself
of my daughter but it is still denied. while in quasi judicial function the
roots of its power comes from the
legislative or the executive rule, so why go to certiorari? Because
department. it is not appealable. Example of those
which are not appealable are
Note: Do not confuse it to interlocutory orders. Decisions in
discretionary or ministerial functions labor cases, does not allow appeal so
your remedy is certiorari. Why no
appeal again? Because you could have
Q: How do you distinguish one from appealed but you did not, you have
the other? now lost your right to appeal. But
A: In ministerial, the court is left these time the loss of appeal here is
without the choice but to grant it if all not due to any others fault but your
the rules and requirements are own. If it is your own fault, you
complied with, while in discretionary it cannot apply for certiorari. You loss
may deny or grant but within the your right to appeal not because of
parameters, it cannot go beyond said your own fault. Example lawyers fault,
parameters. Example is giving penalty although the general rule is fault of
of 6 years 1 day to 12 years. The lawyer is also fault of client, but there
court has discretion what specific are exceptions there like Rule 38 Sec
penalty to give but it must be within 1 Relief from judgment; Sec. 2 Rule
said period depending upon certain 38 Relief from denial of appeal. You
circumstance. left for abroad while pending case,
Note: That the grounds in prohibition lawyer received decision but he did
is the same even if the function is not notify you. When you return it can
merely ministerial kasi pwede pa rin be excused.
na whimsical, capricious, despotic or
arbitrary. But which is clearer? Yung The other condition, no plain, speedy,
discretionary function sa certiorari or adequate remedy in the course of
because it is very clear because of the law, in other words you could have
parameter in discretionary. So if it filed a motion for reconsideration or
exceeds the parameter clearly grave you could have appealed because it is
abuse of discretion amounting to lack still available, but appeal or MR are
of jurisdiction (????). not speedy or adequate remedy in the
ordinary course of law. Example
Conditions are that there must be no motion to quash was denied, may
appeal and there is no other plain, appeal dun, pero certiorari is the
speedy, adequate remedy in the better rule, why? Because if you saw
ordinary course of law. appeal, tuloy tuloy pa rin ang kaso.
You cannot desist from proceeding the
Q: Why no appeal? case, are you going to subject, are
A: you going to endanger the client to be
convicted later on? So instead of an
Generally, certiorari cannot be a appeal or MR then you go to certiorari
substitute for an appeal. Remember where the other court will immediately
this, madaming ramifications to. If strike down the resolution.
appealable, no certiorari, as a general
Exception: Purely questions of
law which raises questions of
error of jurisdiction
Q: What is the character of Rule 65 as 2. Specific dates must be stated as
distinguished from rule 45? to when the judgment was
A: Rule 65 is a special civil action rendered, when notice of
while rule 45 is a mode of appeal. judgment was received, filing of
The ground for filing an appeal under Motion for reconsideration and
Rule 45 is error of judgment which receipt of order with respect to
can either be: the denial or grant of the
1. Insufficiency of evidence motion.
2. Judgment is not according to
the facts Q: What is the period for filing of
3. Damages awarded is contrary to certiorari?
law A: Period of 60 days from receipt of
The ground for filing certiorari under copy of judgment.
Rule 65 is error of jurisdiction which
can either be: Q: Does the Neypes doctrine or fresh
1. Lack of jurisdiction day rule apply?
2. Excess of jurisdiction A: The jurisprudence does not
3. Grave abuse of discretion specifically provide that it should
amounting to lack or excess of likewise apply to Rule 65 because it
jurisdiction. speaks only of appeal. However
according to a noted professor, the
Q: What are the grounds for filing of fresh day rule applies both to Rules 45
an action for prohibition? and 65 unless a new jurisprudence
A: Same grounds with certiorari. would otherwise provide.
Q: What are the grounds for filing an NOTE: There was an old SC circular
action for mandamus? which provides that the 60 day period
A: includes the filing of a Motion for
1. Neglect in the performance of Reconsideration. However, in 2005
duty imposed by law there was a new circular which states
2. Exclusion from enjoyment of an that the old circular does not apply to
office Rule 65 so the 60 day period is
counted from the notice of receipt of
Q: Doctrine in the case of Lapid V. denial of the motion for
Laurea reconsideration.
A:
1. Requirement preparatory to the Q: Doctrine of UP Board of Regeants
filing of petition for certiorari Case
General Rule: Filing of a A: In mandamus rights must be very,
motion for reconsideration is very clear so that if the right is
mandatory to give the tribunal a doubtful, mandamus will not lie.
chance to correct itself
Q: Distinguish mandamus from quo
warranto. For example: Mayor Atienza
has a city attorney which is Atty. X
whom he replaced with Atty. Y with no RULE 66 QUO WARRANTO
valid reason. Against whom may Atty. Q: What is the doctrine in the
X file mandamus and against whom Mendoza Case?
may he file quo warranto? A: Quo warranto is directed against
A: Atty. X can file mandamus against the person and not against the office.
Mayor Atienza because by the latter's Also plaintiff is not entitled to
act he was excluded from the backwages.
enjoyment of his office. Atty. X can
file quo warranto against Atty. Y Q: Who initiates Quo warranto?
because he is a usurper of Atty. X's A: Office of the Solicitor General,
office. public prosecutors and relators.
Q: Who are relators?

A: Private citizen who is entitled to
the office.
Classic Example: Ninoy cannot file

quo warranto against Marcos so his
remedy was to file prohibition. He did
not succeed. He succeeded in the
tarmac when he died. What is the
moral of the story? Whatever you
cannot do living, you might succeed in
death.
Q: Example 4 candidate for councilor

filed a quo warranto against 8 elected
counsilors of Manila. The court
dismissed the case. Why?
A: It is a rule that in filing quo
warranto the person filing should be
entitled to the position. So in this case
it was dismissed because how can 4
people fill up the position of 8
councilors.
Q: Jurisdiction?
A: Concurrent SC, CA or RTC but
never in Sandiganbayan except in aid
of appellate jurisdiction
Q: What does in aid of appellate

jurisdiction mean? expropriation?
A: When the appeal was made to the A: The 1987 Constitution
Sandiganbayan from MTC or RTC in
cases of publice officials whose salary Q: What properties are involved?
grade is below 27 A: Any kind of property, whether real
or personal
Q: Tuason Case
A: Certiorari will only lie against Q: What does taking mean?
tribunal exercising judicial/quasi- A: Taking includes not just actual
judicial function. taking but also diminution/deprivation
of benefits
Q: What does for public use mean?

A: It means that the purpose for
taking would ultimately redound to
the general welfare of the people
Q: May a law be passed authorizing

the city of Manila to expropriate a
portion of UST? May the compensation
be by way of exchange of property?
A: No there can be no compensation
by way of exchange of property
because the determination of Just
RULE 67 EXPROPRIATION compensation is a judicial function.
Q: Who exercises jurisdiction?
A: The RTC because the action is not Q: What is the remedy of the owner
capable of pecuniary estimation. The of the property?
value of the property being only A: 1. Mandamus
incidental to the case. (Russel V. 2. Quo warranto
Vestil, Brgy San Roque V. Heirs of
Pastor) Q: Which should be preferred,
ownership or utility?
Q: Venue? A: At first glance it would seem that
A: Where the property is located. ownership must be preferred but in
reality it is utility because nature
Q: Who are the parties who may made it so that you own only what
expropriate? you need and dispose of the things
A: LGU's, government that you don't use. Pag wala nang
instrumentalities however a resolution pakinabang, ipamigay mo na kagaya
authorizing expropriation must first be ng asawa mo.
passed.
Q: What is the formula for computing
Q: Rule 67 is procedural. What is the just compensation?
substantive law which provides for A: Just Compensation = Fair Market
Value plus Consequential damages A: Expropriation should be a final
minus consequential benefit which recourse
should not be more than
consequential damages.
Q: What are the 2 parts of

expropriation?
A:
The first stage is to determine
whether or not the property can be
devoted to public use. Second stage,
determination of the just
compensation.
NOTE: Plaintiff upon deposit of the
amount may enter the property
Q: Where should the deposit be

made?
A: court or reputable bank
RULE 68 JUDICIAL FORECLOSURE
Q: How much should the deposit be?
A: Assessed value of the property Q: Application?
A: Applicable to both real estate and
Q: Who determines Just chattel mortgages.
compensation?
A: Determination of just Q: What does judicial foreclosure
compensation is a judicial function so mean?
there can be no compensation by A: It has passed through court
agreement. process.
Q: Appointment of Commissioner Q: What should be filed?

A: Not more than 3 A: Verified complaint of foreclosure
Men of Integrity absolute necessity to the mortgage
Q: What is the effect of the report of Q: Who should be included?

the commissioner? A: All parties who have interest over
A: The report is not binding upon the the property subordinate to that of
court the mortgagor.
Q: NPC case Q: If a party interested is not

A: Apparent conflict under Sec. 1 Rule impleaded what is the effect?
17 and Sec. 2 Rule 67 A: He is not affected by loss of equity
of redemption.
Q: Doctrine in the City of Manila V.
Serrano Q: What is the object of foreclosure
A: Property A:
1. Determination of the existence of
Q: Can a property mortgaged may co-ownership - absence of which
still be attached? partition is unavailable
A: Yes 2. Determination of who are entitled
and what properties to be
Q: Distinguish right of redemption distributed
from equity of redemption. NOTE: Each stage is final and
A: Right of redemption is the 1 year appealable
period from registration of certificate
of sale given to a person to redeem Q: What kind of appeal?
the property. Equity of redemption is A: By record of appeal because the
a right given to persons with interest action calls for multiple appeals.
within 90 days and not more than 120
days from entry of judgment to Q: What is a project of partition?
redeem the property. A: Agreement between and among
the parties in partition which is
Q: What is order of confirmation? submitted to the court on which a
A: Confirmation of the sale of the judgment of partition is made.
property.
Q: Who prepares a project of
Q: Deficiency judgment partition?
A: By filing a motion for deficiency A: Any of the co-owners
judgment.
Q: Who are the parties in an action
for partition?
A: Plaintiff - co-owner
Defendant - all other co-owners as
indispensable parties
Q: What is the effect of the approval

of the project?
A: Approval is equivalent to judgment
of partition.
RULE 69 PARTITION Q: If no project is agreed upon what

should the court do?
Q: What is the object of partition? A: Appoint a commissioner and the
A: To assign property. commissioner would make and submit
a project of partition.
Q: Jurisdiction
A: RTC because the case is not Q: If the parties still does not agree,
capable of pecuniary estimation. what should commissioner do?
A: Assignment - identical to buying
Q: What are the stages in partition? out.
NOTE: Even if only one of the co-
owners objects, no assignment
Q: What then should the court do?

A: Sell the property and the proceeds
distributed among and between co-
owners. This is the last resort.
Q: May a sale be objected to? On

what ground?
A: Yes sale may be objected to if it
will not redound to the benefit of the
co-owners.
NOTE: Commissioner should give
report, however such is not binding
upon the court. RULE 70
Q: What does judgment of partition Q: What are the 3 kinds of action

include? involving recovery of property?
A: It includes payment of the cost of A:
accounting and damages. 1. accion publiciana - right of
possession
Q: Doctrine of Heirs of Teves V. CA 2. accion reinvindicatoria - recovery
A: Any activity that puts an end to of ownership with possession as an
indivision is a case of partition. attribute of ownership
3. accion interdictal - possession de
facto
a. forcible entry
b. unlawful detainer
i. governed by rule 70
ii. in case of agricultural
property/land governed
by the civil code
Q: Doctrine in Javellosa V. CA
A: Distinction between Unlawful
detainer (UD) and Forcible Entry (FE)
UNLAWFUL FORCIBLE
DETAINER ENTRY
Possession was Possession is
lawful at the illegal from the
beginning and beginning
became illegal
thereafter
There is a need to There is no need
establish prior to establish prior Q: A is the lessor and B is the lessee
possession possession who was not able to pay rentals for
Illegal detention of Deprivation of the several months. A filed a case of
the property right of unlawful detainer against B. Judgment
possession of was rendered in favor of B. Is the
property judgment in favor of B immediately
There is a need No need for a executory?
for demand demand A: No because he was already in
Action must be Action must be possession of the property.
filed from period filed 1 year from
of 1 year from the accrual of action Q: What is immediately executory in
last demand the judgment as provided under
Possession was Not applicable sec.19?
acquired by force, A: The return of the property.
threat, Restoration or restitution to the one
intimidation or who is entitled to possession.
stealth
Q: How is execution stayed?
Q: Who are the aggrieved parties? A: Requisites for stay of execution
A: Vendor, vendee, lessor or any 1. Perfection of appeal by filing a
other person deprived of possession notice of appeal
2. Supersedeas bond
Q: Is the lessee included? 3. Deposit of the amount for the use
A: Generally no because the lessee is and occupancy of the premises
assumed to be in possession. He may
be included under those other persons Q: What is a supersedeas bond?
deprived of possession. A: Unpaid rentals. If there are no
unpaid rentals there is no
Q: In ejectment the only issue is supercedeas bond.
possession de facto. Can you raise the
issue of ownership? If so what is the Q: How much is the supersedeas
effect? bond?
A: It will not divest the court of its A:
jurisdiction. The court shall resolve 1. In accordance with judgment
the issue of ownership only to resolve 2. If there is no judgment, in
the issue of possession. Resolution as accordance with the contract
to ownership in ejectment cases is 3. In the absence of contract,
only provisional. according to what was paid as
NOTE: Old rule prior to BP 129 rentals
provides that if issue of ownership is
raised, the court is divested of its Q: What is the amount for use and
jurisdiction. occupancy?
A: Payment of rental during the
pendency of the appeal. Q: Doctrine in Refugia Case
A: Motion for reconsideration is a
Q: How much? prohibited pleading only in the MTC
A: Same as supersedeas bond. under summary procedure. When the
case has already been appealed to the
Q: Where do you file notice of appeal? RTC, MR is already allowed.
A: In the municipal trial court
Q: Where do you file supersedeas

bond?
A: In the municipal trial court
Q: Where do you file amount for use

and occupancy?
A: In the appellate court
Q: When?
A: General rule on or before the 10th
day of each succeeding month. For
example the rent due for the month of
april should be paid on or before May
10.
Exception: When payment of rental
must be paid in advance in
accordance with the contract.
NOTE: Non-compliance with even one
month would render the judgment
immediately executory.
Q: Both Sec. 19 and Sec 21 speak of

immediately executory judgment.
How is Sec. 21 different from section
19?
A: Section 21 speaks of the judgment
of the appellate court and such
judgment cannot be stayed except
when defendant filed injunction.
RULE 71
Q: How about sec. 15 and sec. 20?
A: Sec 15 applies to Trial Court while Q: What is contempt?
Sec 20 applies to the appellate court. A: Upfront or defiance, act against
Injunctive relief is available to both in dignity, integrity and justice of the
order to stop defendant's act of court
dispossession
Q: What are the two kinds?
A:
1. Direct Contempt
Done in the presence of or so near
a judge that disrupted proceedings.
2. Indirect Contempt
Q: What are the remedies of a person

cited in contempt?
A:
Direct Contempt
File a petition for certiorari and not an
appeal because the judgment is only
interlocutory
Indirect Contempt
1. File an appeal
2. Post a bond
Q: Doctrine in the case of Yasay V.

Recto
A: Supreme Court said that the power
of contempt must be used in
preventive manner and not in
vindictive manner. The distinction
between civil and criminal contempt
was also abolished.


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REMEDIAL LAW REVIEW 2007

Case of Bañez vs Bañez; Santos vs A: To the Sheriff, not to the Clerk of

While in Santos vs COMELEC, the Q: Who is a redemptioner?

Q: During the one (1) year period to

ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE

Section 8 of Rule 40 is also Q: Again, when is appeal perfected?

Remember the Domingo Neypes

RULE 41 Remember again, no decision of the

ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE

Q: Who is the defendant here?

Q: What is the effect?

ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE

Q: Because of that, what are the

Q: How about support pendente lite Q: What are the requirements in

Q: Once the writ is granted or issued,

While injunction can be availed of in

Q: How do you discharge the writ?

Any action, if there is a violation of a

Q: What is the principal action for

Q: How receivership is terminated? Rule 60 Replevin

Q: To whom the writ of replevin Remember that this is only a

Q: If the defendant objects on the In attachment if you file for damages

Q: What are the possible grounds Orosa case

ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE

Q: Which court has jurisdiction?

Q: Why RTC? Can it be MTC?

Distinguish Rule 65 with Rule 45

Q: Name the special civil actions?

Q: How do you distinguish now

Wakwak golf case

Q: What is the subject matter?

ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE

Russel vs Vestil Certiorari is always questioned in the

Q: Who are relators?

Classic Example: Ninoy cannot file

Q: Example 4 candidate for councilor

Q: What does in aid of appellate

Q: What does for public use mean?

Q: May a law be passed authorizing

Q: What are the 2 parts of

Q: Where should the deposit be

Q: Appointment of Commissioner Q: What should be filed?

Q: What is the effect of the report of Q: Who should be included?

Q: NPC case Q: If a party interested is not

Q: What is the effect of the approval

RULE 69 PARTITION Q: If no project is agreed upon what

Q: What then should the court do?

Q: May a sale be objected to? On

Q: What does judgment of partition Q: What are the 3 kinds of action

Q: Where do you file supersedeas

Q: Where do you file amount for use

Q: Both Sec. 19 and Sec 21 speak of

Q: What are the remedies of a person

Q: Doctrine in the case of Yasay V.

ANGELO NIÑO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE

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