Special Civil Actions TSN - 2012

Lecture notes on SPECIAL CIVIL ACTIONS
Transcribed by 3Manresa Class of 2012-2013

Professor: Atty. Geraldine Quimosing-Tiu
INTRODUCTION What is the purpose of interpleader?

The purpose of interpleader is to avoid double
We are done with provrem and you had your vexation with respect to one‟s liability.
reporting, so now we begin to the wrap up of all
ten rules of special civil action under the rules. When it is proper?
When there is conflicting claims or where there
So are those special civil actions: are conflicting claimants and at the same time.
 Interpleader
 declaratory relief and similar remedies So kung walang conflict, there is no need to file
 review of judgement and final order of an interpleader case. Kung one person trying to
COMELEc and COA claim then the remedy is not interpleader. There
 certiorari, prohibition and mandamus has to be conflicting claimants. Why? Because
under rule 65 the conflicting claimants who will be made to
 quo warranto, litigate among themselves later on. It is not you
 expropriation rule 67, vis-à-vis the claimants. Rather the claimants
 foreclosure of real estate mortgage, who will be compel to litigate between or among
themselves. That is why there has to be more
 partition,
than one claimant.
 forcible entry and unlawful detainer
 contempt What are the requisites?
The plaintiff will have no interest in the subject
So, under the rules there are 10 special civil matter. Two or more claimants are conflicting in
actions but in reality there are more than 10 civil the subject matter. And there are claims being
actions. In one rule there are several, like claimed by the parties or the claimants and then
forcible entry and unlawful detainer, then you the subject matter must be one and the same.
have rule 65, certiorari, prohibition, and
mandamus, then declaratory relief and other When do you file it?
similar remedies. So, the similar remedies are Reasonable time. After you have known that
considered special civil actions. There are there is already a dispute but without you being
interpleader under rule 62. sued yet. So no sued has been instituted yet in
order to enforce the claim against the property
and you can file an interpleader case. But the
RULE 62 moment there is already a suit then no more,
you cannot anymore file an interpleader case.
INTERPLEADER Especially when there is already a judgment
case.
Okay so when do you avail of interpleader?
Where do you file it?
What is interpleader? That would depend on the value of the property.
So you go to the rule on how to determine
It is basically a remedy where the person has jurisdiction based on the jurisdictional amount.
possession of real or personal property, its
either he have something a possession of What are the pleadings allowed?
property or an obligation to render fully or You can file a motion to dismiss. An answer,
partially without any right being claimed in such counter-claim, cross-claim, third party claim.
obligation or property and comes to court and
will ask the conflicting claimants to litigate So if the conflicting claimants that you have
among themselves in order to determine who is impleaded are not the only claimants, meron
entitled to the property. pang iba, na dapat pang iimplead yun iba, so
rd
you bring them through 3 party claim.
You should be like I said like, any person who
possesses personal or real property or to render in another case or in one case, a compulsory
obligation wholly or partially without any right counter-claim not pleaded in an answer in
being claimed. interpleader case is considered barred by res
judicata. Because you have to allege or plead
Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Nuneza,Garcia, Kahulugan, Ong-Abrantes, Padlan, Paz, Taguibao, Tay
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your compulsory counterclaim otherwise you are

barred.
RULE 63
DELCLARATORY RELIEF
That is the nature of compulsory counterclaim
right? In any action even in the ordinary action, if AND SIMILAR REMEDIES
it is compulsory counterclaim kaya nga
compulsory eh kasi kailangan tlaga ilagay yan Then we go to declaratory relief.
kailangan tlaga iset-up in your answer if you did
not setup you are not allowed anymore to litigate Group 2, what do you mean by declaratory
on it or file case based on that claim relief? How do you distinguished cause of
independently or separately from a litigation action in the declaratory relief and the cause
which you are involved in. Dapat ilagay talaga of action in the ordinary action?
otherwise considered barred. (Gil answered). Where is Adrienne?
This is the flow of the interpleader If the elements of cause of action is not
proceeding: required in declaratory relief, so what is
 Complaint, you file in court; there to litigate? When do you say that the
 gives you order requiring the parties to controversy required litigation?
interplead on the subject matter, to be
delivered in court; Okay, so this is the concept of declaratory relief.
This is found on the case of MULTI-REALTY
 then summons will be served on the
DEVELOPMENT CORPORATION vs. MAKATI
parties or claimants and the claimants
CONDOMINIUM CORPORATION, it is
either file a motion to dismiss on the
permitted on this theory that the court should
ground of impropriety or other grounds;
act, not only when harm is actually done and
and then,
rights jeoparidized by physical wrong or physical
 if they don‟t file an answer, they can be
attack upon existing legal relation but also when
declared by default upon motion and
challenged, refusal, dispute or denial thereof is
there will be judgment by claim.
made amounting to live controversy.
o So they become defaulted on
motion you can ask judgment
The uncertainty and insecurity which thereby be
barring the claims.
avoided or hamper or disturb the freedom of the
 And then if they file an answer, it can do parties to transact business or to make
so 15 days or five days from denial of improvements on their property rights. A
motion to dismiss and then in their situation where is thus created when a judicial
answer they have to alleged their declaration may serve to prevent a dispute from
rd
counter-claim, cross-claim, 3 party ripening into violence or destruction.
complaint; and then after
 they will proceed to pre-trial. So when you file a declaratory relief?
 After pre-trial to court determine When there is a challenged, refusal, dispute or
claimants right adjudicated there claims denial of the right of any legal relation that is
so there would be a hearing and then being attacked without any actual violation yet,
o only after the docket fees, cost there is merely a refusal or dispute or
and expenses will be fully disagreement on how it should be done on how
determine and will constitute being implemented and on belief that may cause
lien in the subject matter. a dispute or escalate into violence or disruption
o So before, only the action they later on then you file a petition for declaratory
will take the docket fees but in relief.
interpleader case, it can file later
as soon as there is already a So technically there is no violation yet but there
termination by the court and the is already a challenged, a refusal, a dispute or a
docket fee is considered as lien denial on the part of the party.
on the subject matter.
So this brings about the broadened concept of
cause of action like in the ordinary action, the
wrong are already committed, the violation of the

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right are already violated. Here it is intended, the No, not included. The enumeration on the
cause of action arises by mere refusal, denial or subject matter of the declaratory relief are
challenged raising at least an uncertainty which exclusive.
is injurious to the plaintiff.
How about the decision of the Supreme
So that is where you can file an action for Court? No.
declaratory relief. What is the origin or
nature of the declaratory relief? Land titles? Yes. It is a deed.
It originated from the classical roman law, it was
used in Scotland for centuries and adopted in When do you file it? Before the breached or
England and other European countries. The violation of the deed, will, or contract or other
remedy is an extension of the ancient avia timet. written instrument.
A declaratory relief does not create or change And who should file it?
substantial rights, or modify any relationship or Any person interested in the deed, will, contracts
alter the character of controversies. So there is or other written instrument. And whose rights are
no creation of any substantial right or affected by the statute.
modification of relationship over the character of
the controversy. So any person who threatens litigation, not
necessary can file a petition for declaratory
When it is proper? relief. You have to show proof that you are
If adequate relief is not available other cause of affected by the statute, executive order,
action. It cannot be substitute for all existing ordinances or government regulation that you
remedies and should used with caution. want to be interpreted by court by filing of
petition for declaratory relief. You have to show
It is sui generis and not strictly equitable or legal interest in the subject matter.
yet equitable. It is not designed to supplant
existing right. So if you already have or if there is Who can be parties?
already a breached, you cannot go with the All persons who have interest or claims any
declaratory relief, you go with specific interest which would be affected by declaration
performance, you go for damages, you go for shall be made parties. Those who cannot be
breach of contract, as an ordinary action not for made parties cannot be prejudiced by the
declaratory relief. declaration.
What is the purpose of declaratory relief? Who should be notified?

It is essentially to ask the court for proper The solicitor-general should be notified if there
interpretation of contract not to ask for injunction are issues with respect to the validities of a
or other relief beyond adjudication of legal rights. statute, executive orders, regulations, and when
The relief is confined with actual controversy, it the ordinance is alleged to be unconstitutional.
cannot encompass on other controversy not
brought before the court. It adjudicates the legal So, if the issue is constitutionality of an
right, duties and status of the party. ordinance, it is mandatory to notify the sol-gen.
What is the subject matter of the relief? If it includes the validity of the statutes,
You have deed, will, contracts or other written executive order or other government regulation,
instrument, statutes, executive orders, ordinance you have to notify the office of sol-gen.
or any other government regulations.
If the action involves the validity of a local
These are the subject matter of the declaratory government ordinance, you must notify the local
relief. prosecutor or LGU lawyer. No need to notify the
solgen. You only need to notify the solgen, if the
How about our Supreme Court issuances? ordinance being assailed is unconstitutional.
Lets say administrative matters, it is not included
in the enumeration. Where do you file it?
It has to be filed with the RTC who has exclusive
Court orders? original jurisdiction.

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The supreme court or court of appeals has no So may isa na nagaassert ng right, may isa na
original jurisdiction for petition for declaratory nagdedeny ng right.
relief exception is the case involves the question
that need to be resolved for public good. Short of any violation of any right, there is a
disagreement. And there is a possibility that it
The supreme court would take cognizance on could lead to the violation of the right possibly
that, like the imposition of VAT or on toll fees disruption and you want to prevent that then you
and instead for treating it as declaratory relief might file a case of declaratory relief. That is
the petition, the supreme court treated it as one what we meant when there is yet no violation of
under rule 65, that is because that is a good a right. But there might be given the present
reason to do so. It is for the public good. position of the party. So there must be an active
antagonistic assertion of right between the
Second, an issue that will affect a lot of people. parties. Hindi pwede magfile ka lang kasi gusto
That is why the supreme court has opted to mo lang, gusto mo lang humingi ng opinion sa
entertain the petition even though it has no korte, eh wala ka naman showing na ang kabila
jurisdiction over the subject matter. nagooppose it. In which di pwede and
declaratory relief.
Another instance is the interpretation of what
capital is under sec. 11, article 12 of the So when it is not available?
constitution, the supreme court treats it as one  In case of citizenship you want to
for mandamus rather than as a petition of declare the citizenship of a person to
declaratory relief because of its far reaching comes out or to establish a legitimate
indication to the national common good. relation and determine hereditary rights,
not allowed.
So originally it is a declaratory relief but the  To resolve a political question or issue
supreme court entertain the petition even though we taken that up in your political law.
it has no jurisdiction, it treated it as one for  Supply or determine an issue.
mandamus petition in order to resolve the issue  You assail an ordinance which case is
post of that petition because of its far reaching not ambiguous or doubtful.
indication to the national common good.  Breach of committed contract or statute.
o So there is already a violations.
So what are the requisites of declaratory  When you seek a advisory or moot
relief? question
 There has to be a justifiable o so if it is a moot question, what
controversy, is the point of declaratory relief?
 it must be the persons has interest part  That the plaintiff has no interest in the
adverse and the parties has legal question of law or ordinance.
interest in the controversy o Di ka naman affected sa batas
 issue involved must be right for judicial na yan. Like senior citizen act,
intervention. eh di ka naman senior citizen.
Bakit ka magfifile nyan. Ano
So I‟m sure you heard of that requisite before, interest mo dyan? So if you
you have already encountered them in your cannot show proper interest in
constitutional law where you are confronted with the subject matter, your petition
the issue of justifiable controversy for become a will not prosper.
question of etc. etc..
What will be the court action? If you file a
So what is justifiable controversy? petition of declaratory relief, what will the
It simply means that the party has interest court do?
asserting an adverse claims and present it
righteous. 1. The court can dismiss the petition motu
propio or upon motion.
There must be showing of active antagonistic
assertion of legal right on one side and denial on What are the grounds?
the other which is real not theoretical question or Where the decision will not terminate the
issue. uncertainty of the controversy or the declaration

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or construction is not necessary under the account igagarnish, you etc. etc.. we already
circumstance. taken up how levy should be.
2. The court can also grant the petition and Okay, let’s go to similar actions.
issue declaratory judgment when the  reformation of instrument which is
judgment would save a useful purpose governed or found under article 1359 to
for clarifying the legal relation and issue article 1369 of the civil code;
and it would terminate in accord of belief  quieting of title, article 476 to 481 of
the uncertainty and insecurity. the civil code.
So kung kinakailangan talaga then the court will These are the substantial legal basis of the
grant and issue declaratory relief. sections.
When it is not necessarily would not serve the
purpose than the court can dismiss it outright Why are they called similar actions?
muto propio or The similarity lies in the fact that these three
remedies resolve in the adjudication of the legal
3. when there is a violation and the court rights of the litigant without need of execution to
can ask the parties to convert the action carry the judgment.
into ordinary action
So the is where there are similar with
If prior to the termination of the case, if the declaratory relief.
breach or violation of the instrument, statute,
executive order, regulation, ordinance or any Let‟s go to the reformation of the instrument.
government regulation, in which the party is
required to file pleadings as necessary.
There are three possible court actions in REFORMATION OF

declaratory relief petition.
INSTRUMENT
Okay, because the declaratory relief as a
different concept of cause of action that involves What is the purpose?
the broadened concept of cause of action as You already know in your oblicon that if the
oppose on the ordinary cause of action, agreement or the contract is not to reflect the
definitely there is also corresponding defense in intention of the parties then you can go the
the judgment. remedy of reformation.
What are these defences? You heard of that.

In declaratory relief, the judgment stands itself,
no executory process will follow as a matter of This is now the procedure, you apply rule 63, for
course. There is no coercive relief. There is no reformation of instrument which is similar in
sheriff trying to enforce it, attached properties nature to that declaratory relief petition.
etc., etc. You don‟t have that in petition for
declaratory relief. Ano purpose mo niyan?
In order for the agreement to reflect the true
Declaratory judgment involves real controversy intent of the parties when such intent is not
and it is binding upon the parties. Even if there is reflected in the agreement.
no coercive relief involves still the judgment has
binding effect on the parties as well as those What should be the grounds to be alleged?
who have primitive on the parties. Under article 1359 of the civil code, the grounds
are: mistake, fraud, inequitable conduct or
In ordinary cases, then you have there the accident.
execution of the judgment and grant of
inconsequential relief. So if it is payment of When do you file it?
damages then the sheriff can look around for You do not wait for actual violation. When the
properties of the defendant, kung may bank legal right is denied, challenge, or refuse by
another or where there is antagonistic assertion

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of his legal right or denial thereof concerning a the ruling of the supreme court like that? This is
real question or issue. There is real, substantive how the supreme court explained:
controversy between the parties, touching on the
legal relation having adverse legal pavements. A party to an instrument is under no obligation to
seek a reformation of an instrument while he is
So precisely ang conflict niyo is on interpretation unaware that any opposition will be made to
of the agreement and your saying it should be carry out the actual agreement. The statute of
like this and says no it does not, no, we meant to limitation does not begin to run against an
be. So magkakaproblema kayo sa interpretation equitable cause of action for the reformation of
as well as to the real intent, sabi ng isa no an instrument because of mistake until the
kelangan natin ilagay ang provision na ito mistake has been discovered or ought to have
because the situation is such been discovered.
ganito,ganito,ganito.. you say no the agreement
is very clear, di naman sinabi na ganyan, In this case recorded ang kanilang agreement.
ganyan.. so nag-aaway kayo, thre is a clear Does that constitute have been discovered?
antagonistice assertion of your right concerning
a contract or agreement. The Supreme Court said the mere recording of a
deed does not charge the grantor with
So obviously it is question of interpretation, so constructive notice of a mistake therein but is to
what do you do? You file an action for be considered with other facts and circumstance
reformation. in determining whether the grantor be charged
with notice actual or constructive.
And rule will govern is rule 63.
Tama nga naman, wala pa nga problema sa
When do you reckon the specific period in so interpretation, wala pang actual antagonistic
far as the reformation of the instrument is assertion of actual rights. Why you start counting
concerned? prescriptive period? Hindi pa nga nila
Because if we go back the grounds are :mistake, nadidiscover na may problema pala, may
fraud, inequitable conduct or accident. mistake pala. So that is the ruling of the
supreme court in this case.
Normally, the prescriptive period if it is based on
contracts are 10 years. Based on written Let’s go to quieting of title.
instrument, 10 years.
So supposing lumampas na ang 10 years, at QUIETING OF TITLE

dun kayo nagaway-away kasi di nga dun niyo
nadiscover na vague ang kontrata niyo, it does
Again what is the concept of quieting of title?
not reflect the true intent of the parties. And
It is a common remedy for removal of any
there is real problem there because you have to
cloud upon, or doubt or uncertainty affecting
go back so many years pa in order to recall of
the title to real property.
what really happened and how the agreement
came to be. So nagkaproblema kayo. In the
So pag sinabing cloud, parang may doubt,
meantime sasabihin ng kabila, oops di ka na
medyo hindi klaro sa title over a real property.
makakafile ng action, prescribe na, more than
10 years na from execution of the agreement,
What is the purpose?
prescribe.
To determine respective right of the complainant
and other claimants not only the place thing in
In the case of Multi Reality Corporation vs.
their proper place, to make the one who has no
Makati Condominium, the supreme court said
rights to said immovable respect and not disturb
you reckon the 10 years period form the
the other, but also for the benefit of both, so that
discovery of the grounds for reformation,
he who has the right would see every cloud of
which is in this case, mistake.
doubt over the property dissipated, and he could
afterwards without fear introduce the
They alleged mistake. So when they discover
improvements he may desire, to use, and even
mistake that is where you start counting
to abuse the property.
prescriptive period. Why is it like that? Why is

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So if there is a cloud in your title, you have to This where the difference lies. You have
improve your property. You commercial lot, you encounter the similarities with declaratory relief.
cannot put a commercial building where millions eto pinagkaiba nila. Jurisdiction.
of pesos because there is a doubt over your title.
But when the clouds are removed, you are free When it comes to quiet a title, the jurisdiction is
to do whatever you want with the property, the RTC or MTC, depende on the value of the
abuse it to your heart contends, once the clouds property. Again, you go back to the basic on
are removed. But if not malaki ang problema jurisdictional amount.
mo, it could be na hindi pala sa iyo, and so you
have to undo everything na ginawa mo. So declaratory relief, exclusively RTC.
Pagdating sa quieting of title, look at the value of
So this is the remedy for that if you have cloud the property. Because you have to reckon the
over title over property so you resort quieting of jurisdiction of the court based on the value of the
title. property.
What is the legal basis for this? So lets go to the review of judgment, final
You have article 476 of the civil code. orders, resolution of COMELEC and COA.
What is a cloud? What is example of this

cloud?
You have here 476, if there is any claim or
RULE 64
encumbrance or proceeding which is apparently Review of Judgments and
valid or effective but is in truth and in fact,
ineffective, voidable, or unenforceable. Final Orders or Resolution of
the COMELEC and COA
So pwede you can file an action to quiet a title.
If for instance there is an annotation of adverse What is the scope of rule 64?
claim, that is the basis of your action to quiet It is the review of judgment or resolution issued
title. by COA and COMELEC.
What are the requisites? So the CSC resolution are not covered here.
 You have to show proof that the plaintiff Because it is specifically appealable to the CA
has legal or equitable title or interest in under rule 45.
the real property of the subject of the
action. What is the basis of this rule?
 And the deed, claim, encrumbrance, You have article 9, section7 of the 1987
proceeding claimed to be casting cloud Constitution.
on his title must be shown to be in fact
invalid or inoperative despite its prima And what is the mode of review?
facie appearance of validity or legal It is petition, it is certiorati petition to the SC
efficacy. under Rule 65.
So for instance, there is deed of absolute sale And the grounds are limited to lack of
over the property. Eh yun pala is to secure jurisdiction, grave abuse of discretion
existing obligation. So its not. Its more on amounting to lack or excess of jurisdiction.
reformation of instrument. The property or
instrument are getting cleared, that is more, no Ano ang caption ng iyong petition? Petition
more doubt, that is no more ambiguity, talagang for certiorari or petition for review on
deed of sale ang nakalagay, if we take into certiorari?
consideration the circumstances of its execution, The answer can be found in the case of
then you can say that is not valid deed of sale. Benguet State University vs. COA.
That is inequitable mortgage. So want to remove
the cloud etc.. so that you can.. there can be a What is the answer?
pactum promissorium, which is void, not allowed Petition for certiorari.
in our jurisdiction. So you can file to quiet of tile.

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What is the subject of the petition you have Where do you file it?
final orders, ruling, decisions. By whom Supreme Court.
rendered? COMELEC and COA.
When to file?
Now, what kind of orders are we referring to Within 30 days from notice of judgment or final
give? Rulings and decisions. order or resolution sought to be reviewed.
These are rendered in the exercise of If there is a motion for new trial or motion for
adjudicatory power of COMELEC and COA. reconsideration, that will interrupt the 30 day
Obviously your ground is grave abuse of period, provided that the procedure for filing of
discretion amounting to lack or excess of the new trial or MR is allowed in the rules of the
jurisdiction. Commission. Kung wala, then wala, 30 days
upon the receipt of the decision.
That is why really have to take into account the
nature of issuance that is being questioned. If it And if the motion is denied, let's say the
is the ruling na hindi naman in the exercise of Commission allows the remedy of new trial or
adjudicatory power, then you cannot avail of rule reconsideration, and the motion turns out to be
64 in relation of rule 65. denied later on, the aggrieved party may file a
petition within the remaining period. So, kung
In so far as COMELEC is concerned, the order ano na lang ung sobra, which shall not be less
or ruling must be a final decision or resolution of than 5 days, reckoned from the notice of denial.
the COMELEC en banc. Hindi pwede ung So that's under Section 3.
division. Remember the case, I think 2012 case
na lumabas decision sa Davao Del Sur, Bautista Pwede ba nating i-apply ang latest rule, the
vs Cagas. FRESH PERIOD RULE?
NO. And that is the specific pronouncement of
What happened was, Cagas moved to dismiss the SC in Pates vs Comelec, as early as 2009.
the election protest case ata yun, then umabot Even if the procedure for filing the petition under
sila sa Comelec. Sabi ng Comelec, dineny ang Rule 64 is that of Rule 65, it cannot simply be
kanyang motion to dismiss. Comelec division equated to Rule 65 because they exist as
ang nag rule. Dumiretso sila sa SC. SC: cannot separate rules for substantive reasons. So that
be. It has to be a decision of the COMELEC en is where you draw the line. While the procedure
banc that can be entertained by the SC under to follow is Rule 65, when you resort to filing
Rule 64. petitions of decisions of the Comelec and the
COA under Rule 64, you cannot entirely adopt
I talked to the mayor of Sta. Cruz so lawyer yun the rules under 65 to this rule. Because there
at close sila ni Cagas ata. Tauhan cya ni Cagas. are differences that cannot be reconciled for
So anyway, nagkwentuhan kami and that was some substantive reasons.
brought up. I told him ano na ba nangyari sa
kaso na yan, tapos na ng term nila, hindi pa What are these reasons?
lumalabas? Sabi nya, winning daw talaga si There is that exception in Sec. 2 of Rule 64,
Bautista. Sabi ko, yes I've read that decision of which is actually referring to Sec. 3 for a special
the SC na dinismiss ang petition ni Cagas period for the filing of petitions for certiorari. The
pushing for the dismissal of the protest kasi nga period is 30 days from notice of the decision or
gusto nyang i-entertain ang kanyang affirmative ruling, instead of the 60 days under Rule 65.
defenses na dineny nga ng division ng Comelec. With the deduction of the period spent for the
And he went all the way to the SC. Sabi ng SC, motion for reconsideration or motion for new
hindi tama. And you know what thay mayor trial.
(Mayor Lopez) said? Sabi nya, ang lawyer pa
naman ni Cagas was Makalintal. Oh really? He's Kaya nga hindi natin iaapply ang fresh period
supposed to be a big shot election lawyer. But rule.
oh well, he took a gamble. He did try to put it
under the exception. But the SC said, no. Hindi Why is there a difference?
yan mahuhulog sa exception. Eto talaga. Because the period provided under Rule 64 is
Comelec en banc ang dapat i-elevate mo sa SC. actually based on the Constitutional provision.
And the SC even in its ruling power, in

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amending the Rules of Court, cannot go beyond when the questions raised are unsubstantial to
what is stated in the Constitution. Much as it warrant further proceedings. Or instead of
wants to make a uniform period, it cannot. Under dismissing the case outright, it will require the
Rule 65, it's really 60 days. Under Rule 64, IT respondent to comment.
SHOULD BE 30 days consistent with the
provision of the Constitution. Now what should be the comment of your
respondent? How should you file it?
Can you dispense with the filing of the It should be in 18 legible copies and should be
motion for reconsideration? accompanied by certified true copies of the
Yes. If the MR is dispensed with in order to material portions of the record referred to in the
prevent miscarriage of justice. comment and such other supporting documents.
No other pleading may be allowed unless
When will that be? required by the court.
When the issue involves the principle of social
justice or protection of labor. When the decision So in the notice for instance the SC will issue a
sought to be set aside is a nullity and the need notice requiring the respondent to file an answer
for ruling is extremely urgent and the certiorari is or comment within 10 days. It can also state
the only adequate and speedy remedy available. there that the petitioner upon receipt has 5 days
So you have to pay the docket fees. to file a reply. So pwede magrereply ka. Pero
kung walang sinabi doon wag ka nang
What are the formal requirements? magreply. Hindi rin yan i-icoconsider. Okay
You have to verify the petition. You have to file it because only the SC will allow it. Or if you really
in 18 legible copies. You have to state the name want to file a reply kasi marami siyang sinabi
of the petitioner and the name of the doon sa comment niya na hindi tama then you
respondent. You have to state the specific file a motion to admit reply or motion for leave to
material dates, the facts, the grounds, the issue, admit reply. So that the court can consider your
and brief argument relied upon for review and reply.
your prayer for judgment. Remember the
material dates should be when you received the So this is the flow chart of your petition.
order, when you filed your MR, when you  So you have here the verified petition.
received your resolution for your MR, etc. (So what is the answer (question addressed to
Group 5 during recitation)? Petition for
What should accompany your petition? certiorari.)
You have to attach legible duplicate original  Here you have the petition.
certified true copy of the judgment. It is either  You have filed it with the SC then the
duplicate or certified true copy of the judgment, SC can outrightly dismiss it for being
final order or resolution. True copy of material formally defective or require comment in
portions of the record referred in the petition, 10 days.
other documents relevenat and pertinent to the  Then the COMELEC will file a comment
petition, certification against forum shopping, and then after comment there can be
proof of service. Okay usually it is proof of oral argument
service that you have to attach. And then  If there is no comment then the court
payment of docket fees, the official receipts or can proceed to require the parties to
the postal money order. either: submit memoranda or appear for
oral arguments.
What is the effect when you file a petition?  After which the Court will render its
You are under Rule 64. It will not stay the decision.
execution or the final order. The exception is
when the SC itself will direct under such terms it Let’s go to Rule 65.
may deem just.
When the petition is filed what will be the

court action? What will the SC do?
It can motu proprio dismiss the petition for failure
to comply with the formal requirements, when
the petition is manifestly intended for delay, and

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RULE 65 Student: Subject to the hierarchy of courts,

ma‟am.
Certiorari, Prohibition Atty. Tiu: So, kung ang SC ma power of control
and Mandamus and supervision, how about the RTC, ano ang
basis ng power niya to issue a writ of certiorari.
May power of supervision and control ba siya?
What is certiorari?
Over the parties, brought before it?
It is a writ issued by the superior court to any
Student: RTC is a superior court over the MTC,
inferior court, board, officer exercising judicial or
there should be check and balance over the
quasi-judicial functions, whereby the records of
actions of the lower court.
a particular case is ordered to be elevated up for
Atty. Tiu: Okay, that is the pre-supposition that it
review and correction in matters in law.
is the judgment or order of the MTC, but, can
you go to the RTC for certiorar na hindi kasali
Atty. Tiu: What is the basis of issuance of writ
ang MTC? Na ang respondent is other than the
of certiorari? Is there a basis to that? Why do
MTC? Pwede di ba? O, pano mo yan ijustif,
the court has the power to grant writ of
yung power of supervision and control, what is it
certiorari?
is a quasi-judicial body? You mean to say that
Student: In order to correct certain errors which
the RTC has power of supervision and control
is done by the lower court, errors in jurisdiction.
over the administrative body?
Atty. Tiu: Why not file an appeal if you want to
Student: It is the check and balance.
correct the errors committed by the lower court?
Atty. Tiu: What do you mean by check and
Student: The error contemplated in Rule 65 is
balance?
according to errors in jurisdiction, in appeal, it
Student: When the quasi-judicial agency
involves errors of judgment.
decides, the judiciary will have the power to
Atty. Tiu: Then why is it that there is such
check the decision of such quasi-judicial agency.
powers to correct errors of jurisdiction? What is
Atty. Tiu: On what basis? Eto, balik na naman
the basis? Did you not wonder? Bakit may
tayo. Ano ang basis? You are almost there, pero
ganyang remedy?
hindi natumbok. Malapit na. Almost. What is the
Student: To accord protection to the litigants
basis for that?
against the whimsical and capricious exercise of
jurisdiction of the court.
Okay, the answer is in your POLITICAL LAW.
Atty. Tiu: Exactly, what is the basis? How come
that there is that prerogative writ of certiorari?
It is the power of JUDICIAL REVIEW. That is
What is the basis for such remedy?
why your procedural law does not exist in a
Student: Because there are certain orders and
vaccum. They are always based on the
resolutions by the lower court that cannot be
substantive limitations of the law. And I am
subject to appeal such as interlocutory orders
trying to make a connection here, para makita
and if there was grave abuse of discretion on
niyo the entire picture. You have studied political
such judgment…
law. The judiciary has the power of judicial
Atty. Tiu: Alam mo, hindi tumutugma ang sagot
review. You have the executive power, the
mo, ang tanong ko is what is the basis, ang
legislative power. And how do you bring that
sagot mo, because. I‟m not asking for the why, I
about in actual litigation, and assert the rights of
am asking for the what. Do not give me the
the parties? How do you reconcile? How do you
reason, give me the basis. Anybody,
place things in their proper perspective?
groupmates, tulungan niyo, pareho ang grado
niyo rito.
As far as Rule 65 is concern, this is in the
Student: Uhmm, the SC has the supervisory
exercise of the judiciary‟s power of judicial
power over the lower courts acting with grave
review. That is why kahit pa quasi-judicial bodies
abuse of discretion.
yan, pwede niya i-exercise ang judicial power.
Atty. Tiu: What do you call that power?
You are correct, it is actually a means of check
Student: Supervisory ma‟am.
and balance. But the basis for that is because,
Atty. Tiu: Only?
that is the inherent power of the courts to
Student: Control and supervisory power.
exercise judicial review. Iba na man yung
Atty. Tiu: So, you are talking about the SC, what
inherent power of the executive. May residual
about the CA, the RTC, don‟t they have the
powers pa nga ang presidente natin eh. Na all
power to issue writs of certiorari?
not specified, pwede niyang gawin. And iba

Page | 10
naman yung inherent powers ng legislative. But kesa naman puro ka allegations of grave abuse
this one, this is really vested with the courts, of discretion but there is really no showing of
such that any adjudication madeby the quasi- grave abuse of discretion. Di ba? It is more on
judicial agencies, not necessarily under the the content. Not the words use that will
judiciaries, pwede pa rin nila i-correct. Pwede pa determine whether or not there is really grave
ring pang-himasukan ng judiiary by virtue of the abuse of discretion. So, how do you show grave
judicial power, okay? There could be on the abuse of discretion? You have to allege facts.
ground of excess of jurisdiction, grave abuse of Okay? That happened, tht transpired, that will
discretion amounting to lack of jurisdiction. illustrate that there was grave abuse of
discretion committed.
So, kung abusive and manner of adjudicating a
right of an administrative agency, the courts can Why do you have to show grave abuse of
set in and enforce the power of judicial review. discretion?
Okay? so, yun ang basis niyo.
Because, judicial discretion is presumed to
So, what is certiorari? be performed in accordance with the tenets
That was what recited by your classmate. of justice and fair play. So that presumption,
 It is the prerogative writ issued in the na pag may decision na, it is presumed valid,
exercise of judicial discretion. presumed to have been rendered wit fairness
 There must be a showing of capricious, and justice. So, sasabihin mo, unfair ang
arbitrary and whimsical exercise of decision na yan, void yan. Then show it in your
power of jurisdiction. petition. You better allege the appropriate facts,
 You have to have, of course, a tribunal, the circumstances, that will prove that there is
board or officer exercising judicial or indeed grave abuse of discretion. Wag lang
quasi-judicial functions. yung puro grave abuse, grave abuse of
 And that tribunal must have acted discretion. Na wala namang corresponding
without or in excess of juridiction factual circumstance to support it.
amounting to lack or excess of
jurisdiction. Now, the abuse of discretion must not be just an
 And, eto importante ito, NO APPEAL, ordinary abuse of discretion, it MUST BE
SPEEDY OR ANY PLAIN OR GRAVE AND PATENT.
ADEQUATE REMEDY in the ordinary
course of proceedings. But there are When is there grave and patent abuse of
also cases, when appeal is available, discretion?
but certiorari is allowed.  When it amounts to an evasion of
positive duty.
So, over quasi-judicial bodies, the certiorari is  Or a virtual refusal to perform a duty
issued to keep administrative bodies within their required by law.
jurisdiction, and protect substantial rights of  Or when it acted in an arbitrary, or
bodies affected by the decision. The review is despotic manner by reason of passion
part of the system of checks and balances and hostility. So, yung personalan na.
among the three branches of the government,
which is the limitation of the separation of Ang korte, pinepersonal ka na. And it happens
powers and which forestalls arbitrary and unjust na namemersonal na yung korte. So, i-allege mo
adjudications. yun.
Eto ang sinasabi ko sa inyo. The review is an I have handled a case na the judge here refused
exercise of the power of judicial review. to dismiss the case based on the affirmative
defenses raised, and nug, nag-hearing na sila,
Let‟s us go to grave abuse of discretion. personalan na. Nasa transcript, talagang
namemersonal na. And then, pumunta sila ng
For instance the petition does not contain this Court of Appeals to question. At ang ground nila,
phrase GRAVE ABUSE OF DISCRETION, is ito, passion and hostility and in order to show
that fatal? Okay, NO. For as long as you are grave abuse of discretion by reason of passion
able to show that there is indeed grave abuse of and hostility, talagang inattach niya ang TSN, at
discretion, you don‟t have to put the phrase, inattach niya kung anong pinagsasabi ng court.

Page | 11
And it is there on record with the Court of Now, if there is error in the exercise of
Appeals. And the CA granted the petition. It jurisdiction, this is correctible by ordinary appeal.
nullified the orders of the lower court. And kahit So go you by appeal. So like during the trial,
nag-MR, denied. So, this can be a ground. And, ayaw ipasok ang ebidensya mo kasi you want to
just make sure that it is on record. Kasi paano introduce the testimony of a witness, binara ng
mo yan ma-prove on certiorari na may passion kabila kasi not included in the list during the pre
and hostility kung wala namang nakalagay sa trial order. So sasabihin mo “ no, we have made
TSN. Eh kung minaniobra ng stenographer, reservation or it is our prerogative to present
inomit lahat, nilagay dun off the record, wala na. additional evidence. Then sasabihin ng court
So, it has to be recorded. So, that meron kang “No, you cannot present that witness”. What is
proof, so that it can be shown to the higher your remedy? That is an error of exercise of
court. jurisdiction. The remedy would be tender of
excluded evidence. Sasabihin mo sa judge “
What do you mean by lack of jurisdiction? may I be allowed to tender the excluded
The court acted with absolute want of evidence so that I can put on record what the
jurisdiction. testimony of the witness should have been
he/she was allowed to testify?” and on appeal i-
Let us say na hindi talaga sa kanya dapat raise mo yan as an error committed by the lower
nahulog ang kaso kasi nga wala siyang court. Pero if sabi ng court, “you cannot make
jurisdiction, perferct example would be the tender of the excluded evidence” then
jurisdictional amount, alam naman natin ang certiorari ka na. Grave abuse of discretion na
value ng property, dapat nasa RTC siya, pero yan kasi you‟re allowed to do that. Pwede I raise
MTC ang nag-hear, eh di, obviously, wala siya on appeal. You go to the proceeding. Patuloy
jurisdiction. So, the error here can be considered mo lang. At least you made the precautionary
an error in jurisdiction and not in the exercise of measure so that on appeal you can raise that
jurisdiction. issue.
So, let us go to the exercise of jurisdiction. In other words, no waiver on that issue coz you
How is it different from error of jurisdiction?s made the precautionary measure. You have laid
The exercise of jurisdiction is the act of your basis on appeal later on that ground.
deciding all questions arising from the case. Excess of jurisdiction, the court has jurisdiction
but because of that grave abuse of discretion,
So, any question that is brought out during the he exceeded his jurisdiction. He is ousted of his
proceeding, the resolution of that is an exercise jurisdiction by reason of grave abuse of
of jurisdiction. So, example, when you discretion. So let‟s compare Rule 45 and Rule
appreciate the evidence presented. Or you rule 65. Favorite to ni Dean Inigo during (Maam Tiu‟s
on the admissibility of evidence. Or you apply time).
the law.
Rule 45 Rule 65
The court acted with absolute want of Review errors of Error of jurisdiction
jurisdiction. Let‟s say hindi talaga sa kanya judgment
dapat nahulog ang kaso kasi nga wala siyang (committed by court
jurisdiction. Perfect example would be in exercise of its
jurisdictional amount natin, value of property jurisdiction)
amount of property dapat sa RTC pero MTC ang Form of appeal Not a form of appeal
nag hear then obviously walang jurisdcition. The ( lower court to
error here can be considered as error of appellate court– 2
jurisdiction not in the exercise of jurisdiction. level appeal)
Let‟s go to exercise of jurisdiction. How is it Questions of fact or Grave abuse of
different from error of jurisdiction? The exercise law discretion amounting to
of jurisdiction is the act of deciding questions ( not satisfied with lack or excess of
arising in the case, any question brought out appellate court jurisdiction
during the proceeding, the resolution of that is findings)
the exercise of jurisdiction like ruling the Review of judgment, It may involve
admissibility of evidence or apply the law. These awards or final order interlocutory order
are all exercise of jurisdiction. 15 days to appeal 60 days from notice of

Page | 12
(extendible) judgment or order Like in the example above, walang jurisdiction

Stay judgment, It will not stay judgment pero nag order pa rin sya. Hindi lang siya nag
award, final order unless TRO or writ of deny ng motion to dismiss but nag grant pa siya
subject to appeal Preliminary Injunction is ng kung ano anong mga relief na hindi naman
secured dapat so another ground “without jurisdiction”.
Petitioner and Aggrieved party as
respondent are the petitioner and the lower 3. Certain special considerations as public
original parties to the court (tribunal) as public policy or if fairness dictates.
action respondent.
MR is not required MR is indispensible In criminal actions, you can file a certiorari
since you have unless exceptional where court rejects rebuttal evidence for
alternative remedies circumstances will prosecution in case of acquittal where there
apply could be no remedy or when the order is a
Exercise appellate Exercise Original patent nullity or the decision in certiorari case
jurisdiction, power of jurisdiction ( power of will void future litigation. So what is the test that
review judicial review) you should resort to or you should apply before
you can resort to certiorari petition in lieu of
Interlocutory order – not a final order. It does not appeal? You have take into relevance
finally disposes of the case. There is something circumstances, if appeal would better serve the
for the court to do after order have been issued. interest of justice then you go to appeal. Pero
E.g. denial of motion to dismiss. Under special like in this case maghihintay ka pa ng limang
circumstances, it can be subject of certiorari taon bago yan madesisyunan and there is clear
petition under Rule 65. hostility on the part of the judge.
For Certiorari, so not to aggravate situation it General Rule: A certiorari is not a substitute for
would be better not to put the name of the judge appeal.
and put instead in the title “the honorable
presiding judge of RTC Branch XXX”. It Exceptions:
offended the judge if you put their name as 1. Appeal is not a speedy and adequate
public respondent in certiorari. So as not to remedy. In a motion to dismiss, gi-deny
personally insult or offend the judge, just put the pero ang ground mo lack of jurisdiction.
court not the judge‟s name. So trial pa kayo. And if you can show
that denial is tainted with grave abuse of
General Rule: Certiorari is not a substitute for discretion. Klarong klaro na mali ang
appeal ruling ng judge. There is passion and
hostility involved. What is your remedy?
Exceptions: Don‟t tell me tapusin mo ang kaso tapos
1. When Appeal is not a speedy and i-aapeal mo pa siya. You can file a
adequate remedy. petition for certiorari under rule 65 and
show there is grave abuse of discretion.
You file a motion to dismiss was denied, your If there is passion and hostility involved
ground was lack of jurisdiction. If you can show then put it there as your supporting
that denial is tainted with grave abuse of allegation to show grave abuse of
discretion kasi klarong klaro and so palpable na discretion.
mali ang ruling ng judge. Obviously pinapaboran 2. If the order is issued in excess of or
niya ang kabila. There is passion and hostility without jurisdiction. Wala siyang
involved. Don‟t tell me tatapusin mo ang kaso for jurisdiction, hindi lang siya nag deny ng
an average of 5 years then iaapeal mo pa? It iyong MTD, nag grant pa siya ng kung
would take a long time. You can file petition for ano-ano. Pwede yon, without
certiorari under Rule 65 and show grave abuse jurisdiction.
of discretion then alleged passion and hostility to 3. Certain special considerations as
support it. public policy or when fair dictates. In
criminal actions, pwede ka rin mag
2. If an Order is issued in excess or certiorari when court rejects rebuttal
without or jurisdiction. evidence for prosecution in case of
acquittal where there can be no remedy

Page | 13
or when the order is patent nullity or you have a case for certiorari on the ground
when decision in a certiorari case will of grave abuse of discretion or there is a
void future decisions. case of clear and serious abuse of
discretion.
What is the test you can resort to a
certiorari petition in lieu of appeal? Ito din. The judge refuses to inhibit kasi sabi
If appeal would better serve the interest of niya, discretionary on the judge to inhibit.
justice, then you go for appeal. Pag Ayaw niya mag inhibit kahit nag CA and na-
hindi,maghihintay ka pa ng 5 taon and there adjudge siya grave abuse of discretion.
is clear hostility on the part of the judge, go Case lasted for 10 yrs and still on pre-trial
ahead file a petition for certiorari. judge. Something is wrong already, right?
Anong gagawin mo? Can you make an open
General Rule: certiorari will not lie to review declaration of war against the judge? Hindi
discretionary actions of any tribunal. pwede yan. If the exercise of discretion is in
conformity with the requirements of the law .
Exception: Pag inhibition, talaga naman discretionary.
1. Excess of jurisdiction
2. Non-conformity to the essential What the client did? Gawin nating
requirements of law which may compulsory. How? Ginawan ng paraan.
reasonably cause material injury
3. Clear or serious abuse of discretion. General rule: Certiorari is not a proper
remedy for interlocutory order. Hintayin mo
I have this case. The rule is that if you yong appeal. Preserve your evidence for the
present an additional witness, not listed in appeal na i-question mo siya.
pre-trial order, in a crim case, court has
discretion to allow you or to not allow you. Example of interlocutory order:
Pag nag rule xa in either way that is an 1. Motion to quash
exercise of discretion. 2. Admissibility of evidence
3. Demurrer to evidence
Can you say there is grave abuse of 4. Motion to dismiss
discretion? Generally NO, unless there are
attendant circumstances that can show Exemptions:
there is grave abuse of discretion. Pag may 1. It involves violation of constitutional right
nakita kang mali in the exercise of of the accused.
discretion. What you do is point it out to him 2. Existence of special circumstances
through a motion for reconsideration. Kasi it demonstrating inadequacy of appeal.
could be na nakalimutan lang. So you file
MR. If you want to invoke the exemptions, you have
to state it there and the circumstances kung
What happens in our case is that, nag cite bakit pasok siya sa exemptions.
siya ng ruling prohibiting us to present
additinal witness. Ang ruling na gifile niya is Can you avail of appeal and certiorari at the
Chu vs Middleton, pre-trial in a civil case. same time? NO, forum shopping yan!
Mali kasi crim yong sa amin. So we filed MR
pointing out the error. Mali ang legal basis. But there are instances when an interlocutory
Still if despite that, then pwede ka ng mag order subject to certiorari, ang tagal magresolve
allege ng grave abuse of discretion. Kasi if ng higher court, in the meantime tapos ng kaso,
the judge is really reasonable, may point nag appeal ka rin.
siya. But if hindi xa mag reconsider. Still pag
nadeny pa din, then we have a ground to go So existing ang dalawa but there are different
on certiorari for grave abuse of discretion. issues. Ang certiorari mo deals with specific set
of circumstances that might not be covered with
You have to examine if it is in the exercise of your appeal.
discretion of the judge. Did the judge comply
with the essential requisites? Pag hindi, may
due process consideration involved, then

Page | 14
2. Acted without or in excess of

jurisdiction or with grave abuse of
PROHIBITION discretion amounting to lack or excess
of jurisdiction.
- It‟s a preventive writ. Preventing the 3. There is no appeal, speedy adequate
inferior court, corporation, board or remedy
persons from usurping or exercising a
jurisdiction/power within which they - Function: to prevent/restrain usurpation
have not been vested or entitled by law. by a court or tribunal and to compel
So pag walang kang jurisdiction, more them to observe the limitations of their
appropriate to file is petition for jurisdictions.
prohibition. Kasi nga wala kang authority
or power to adjudicate. Rather than a - It is a preventive remedy and it is not
certiorari, more appropriate ang intended to provide a remedy for acts
prohibition. But if there is grave abuse of already accomplished. Like an
discretion and you want to annul the injunction, pag nagawa na yong act
decision of tribunal, pwede ka rin hindi mo na pwede i-subject sa
certiorari and prohibition. injunction because it‟s already a fiat
accompli. (JLC)
- Origin: found in City Engr of Baguio
vs Baligi. Prohibition is an ancient Requisites to avail for petition for
remedy, said to be as old as the prohibition: (Similar to certiorari)
common law. It is a prerogative writ of
the king. Purpose: Preservation of the 1. tribunal, corporation, board, officer or
king’s crown and courts. Originated in person, whether exercising judicial,
conflict of jurisdiction Royal courts and quasi-judicial or ministerial functions
the church. Mostly employed to 2. are without or in excess of its or his
ecclesiastical church to refrain them jurisdiction, or with grave abuse of
from acting without jurisdiction. Now discretion amounting to lack or excess
there is a demarcation line, separation of jurisdiction
of the church and the State. 3. no appeal or any other plain, speedy,
and adequate remedy in the ordinary
- A writ of prohibition is original as course of law
distinguished from judicial writ and could
issue only out of chancery. Function:
- In leyte times, writ of prohibition became 1. Prevent and restrain usurpation of

a judicial writ out of a court of law and tribunals, and to compel them to
do not appear out of chancery. A court observe the limitation of their
of law may issue a writ during vacation. jurisdictions
So when the courts of common law a. It is a preventive remedy and it
were not open. In this court, a writ is is not intended to provide for
never issued by a court of common law. acts already accomplished. So
This was cited in corpus juris unlike an injunction, pag
segundum. An American authority cited nagawa na yung act, hindi mo
by SC na pwede isubject to prohibition.
2. Another object of prohibition is to
- What does the writ dictates for you to prevent an encroachment, or usurpation
avail of the petition for prohibition? of power of an inferior court or tribunal
It‟s similar to the certiorari. 3. For the orderly administration of justice
4. Prevent the use of the strong arm of the
1. There‟s a tribunal; There‟s a law in an oppressive or vindictive
corporation board officer exercising a manner
quasi-judicial or judicial power or 5. Prevent multiplicity of suits
ministerial function

Page | 15
Can the mayor be restrained by a writ of structure is illegal, or it should be demolished,

prohibition? Yes. Case of City Engineer of property rights are involved thereby needing
Baguio notices and opportunity to be heard as provided
for in the constitutionally guaranteed right of due
Pertains to a demolition situation. So how come process. In pursuit of this function, the city
you can file a writ of prohibition against a city mayor has to exercise quasi judicial powers. So
mayor? Executive power naman yan eh, di sya that‟s the justification. But only in cases of
judiciary, and hindi naman sya quasi-judicial demolition notices.
agency. This is how the Supreme Court
explained it: Differences between Prohibition and
Certiorari
The office of the mayor is given powers not only
relative to his function as the executive official of Prohibition Certiorari
the town. It has also been endowed of the In prohibition, you want In certiorari, you want
authority to hear issues involving property rights to prevent the tribunal to annul an order
of individuals, and to come out with an effective from conducting further which is deemed to be
order or resolution thereon. In this manner, it proceedings. void for grave abuse
exercises quasi-judicial functions. of discretion.
It is a preventive It is a corrective
(Punching incident example in Davao) remedy. remedy.
In issuing a demolition notice, the city mayor The rule does not
somehow exercises a quasi judicial function. require the inclusion
Nagweweigh sya eh ng property rights ng mga of the private party as
taong involved. Sabi ng Supreme Court, ergo, respondent in the
you are exercising a quasi judicial function. petition for certiorari
Will this apply even if like in that punching How are they similar
incident case meron nang writ of demolition? 1. They are both original and independent
Hindi siguro. This would only apply kapag actions
walang existing case. Because then the city 2. The grounds are practically the same
mayor will have to evaluate if the application is
valid or not. But if the demolition order is by Differences between Mandamus and
virtue of a court order, walang discretion ang city Prohibition
mayor to evaluate kung tama ba ang writ of
demolition issued by the court, talagang way Prohibition Mandamus
beyond yan sa powers nya. To prevent To compel to perform
an act
So to reconcile the powers and functions of the Preventive or negative Affirmative or a
city mayor vis a vis the court, the mayor can only remedy positive remedy
be said to be excercising a quasi judicial
function if and only when wala pang case filed in Differences between Prohibition and
court. Kung baga summary demolition and Injunction
iaapply sa kanya. Pero pag meron nang court Prohibition Injunction
order eh wala na talaga. Wala na syang ano
Prohibition is really a In injunction, there is a
dyan, power to reverse the order of the court.
question of jurisdiction. tacit recognition of the
Otherwise, maproprohibition na naman sya on
Parang pareho lang jurisdiction of the
the ground of lack of jurisdiction.
yan ng certiorari eh, its court. There is no
error of jurisdiction or issue with respect to
So in the case of City Engineer, the Supreme
lack of jurisdiction. So the jurisdiction of the
Court recognized that there is no gainsaying that
you attack the court in injunction.
the city mayor is an executive official. Talagang
jurisdiction of the court.
acknowledged yan. Excecutive yan, di yan
Directed to the court Directed to the parties
judicial officer. And it also does not deny the
itself impleaded in the
matter of issuing the demolition notice and order
action
is not a ministerial one. Hindi ministerial function
daw yan. But in determining whether or not a

Page | 16
MANDAMUS 1. There is grave abuse of discretion

amounting to the non performance the
person is legally mandated to do.
It commands the performance of an act. And
2. When there is injustice or palpable
what is that act that is sought to be performed?
excess of authority
It is a duty resulting from an office. So what is
that duty? It is a ministerial duty.
So normally, if you want to compel the
performance of a ministerial duty, there has to
Group 3 (Question): What do you mean by a
be prior demand, and there has to be a denial of
ministerial duty?
that demand. What is the exception? If the
It is a duty that does not require discretion.
petition involves a pure question of law.
So you‟ve heard about the expression
“Approved without thinking”? Yun na yun.
Case of MMDA to clean up Manila Bay
There was a petition for mandamus lead by
Examples of ministerial duty:
Oposa to clean up Manila Bay. Concerned
When you go to the register of deeds, magpa
residents of Manila Bay against MMDA ito. So
register ka ng iyong mga transactions, that‟s a
the MMDA elevated the matter to the Supreme
ministerial duty on their part. They cannot rule
Court questioning na they are not compellable
na, uy, di ko ireregister ito kasi void ang iyong
by mandamus to clean up Manila Bay. Sabi ni
transaction, hindi sya valid. No. No discretion at
Supreme Court: yes. MMDA has the ministerial
all to evaluate the validity of the transaction but
duty to clean up Manila Bay and what are the
merely register it.
basis? Supreme Court enumerated the basis.
A ministerial duty is one that requires no
The Supreme Court sustained the petition
arguments or exercise of discretion. But if the
saying that these agencies have the ministerial
duty arises from a contractual obligation, that is
duty to perform the act compelled of them
no longer ministerial. Kung contractual yan, mag
because these are all found in their own charters
specific performance ka hindi mandamus.
in the very law that created them.
Requisites:
Forms and contents of petition:
1. Tribunal, corporation, board, officer or
1. Petition must be verified
person unlawfully neglects the
2. State the facts, issues, and arguments,
performance of an act which the law
and the prayer for relief
specifically enjoins as a duty resulting
3. Show material dates
from an office, trust, or station
4. Pay docket fees
2. Non performance of an act through
neglect or probably ommission
What are the accompanying documents?
3. Unlawfully excludes another from the
The petition shall be accompanied by a
use and enjoyment of a right or office to
certified true copy of the judgment, order
which such other is entitled
or resolution subject thereof, copies of
4. There is no appeal, or any plain,
all pleadings and documents relevant
speedy, and adequate remedy in the
and pertinent thereto, and a sworn
ordinary course of law
certification of non-forum shopping as
provided in the third paragraph of
Elements:
section 3, Rule 46.
1. Show that you have a clear act to the
performance of an act – your right to the
DIFFERENCE BETWEEND CERTIORARI,
performance of an act must not be
PRHOBITION AND MANDAMUS
disputed
2. Respondent has the mandatory duty to
For CERTIORARI like I said, you are asking the
do the act sought for
court to annul or modify the proceedings of such
3. That duty must be ministerial
tribunal, board or officer, and granting such
incidental reliefs as law and justice may require.
Exceptions:
In PROHIBITION, you are praying that judgment
be rendered commanding the respondent to

Page | 17
desist from further proceedings in the action or mo pa ung MR or motion for new trial, so
matter specified therein, or otherwise granting maximum of 5 days ka nalang dun sa Rule 64
such incidental reliefs as law and justice may but all other petitions, 60 days sya from denial of
require. motion for reconsideration. Ibig sabihin, you
received an order, then you filed an MR within
So halos pareho sila na noh? On that part of 15 days, hindi na counted yung time that you
“granting of relief”. spent for preparing for your MR because you
have a fresh 60-day period from the denial of
In MANDAMUS, you are praying that judgment your MR. diba? kasi ordinarily, when you filed
be rendered commanding the respondent, an MR its only 15 days eh. So pag na-deny ang
immediately or at some other time to be MR mo, then 60 days will start to run from your
specified by the court, to do the act required to receipt of tge denial. In effect, parang naka-awail
be done to protect the rights of the petitioner, ka narin ng fresh period rule.
and to pay the damages sustained by the
petitioner by reason of the wrongful acts of the Is the 60-day period extendible? SC flip-
respondent. flopped on it for a while.
Dun sila nagkaiba, “to pay for damages It said NO in the case of LAGUNA METTS
sustained”. So if it is a ministerial duty and you CORPORATION V. CA, G.R. No. 185220 July
refuse to perform it, hanggang sa finlian ka naa 27, 2009, Hindi daw xa extendible. Because the
ng mandamus, then you can be held liable for amendment to Rule 65 disallowed the extension
damages for your refusal to fulfill your duty. So of time to file a petition for certiorari with the
yan ang kaibahan nilang tatlo! Damages can be deletion of paragraph which previously permitted
claimed in a mandamus action but not so in such extensions. So dinelete na kasi daw ung
certiorari or prohibition petition! extension.
Pero can you argue na pwede naman damages As a rule, an amendment by the deletion of
jan sa dalawa? Nakalagay naman jan na “such certain words or phrases indicates an intention
incidental relief as the law and justice may to change its meaning. It is presumed that the
require”. I do not know about that! the rules are deletion would not have been made if there had
very specific! If gusto ng supreme court na isali been no intention to effect a change in the
ang damages sa certiorari and prohibition, it meaning of the law or rule. The amended law or
should have clearly sated so! But if it only rule should accordingly be given a construction
granted that damage relief in mandamus, then different from that previous to its amendment.
yun lang!
If the Court intended to retain the authority of the
Sec. 4. When and where to file the proper courts to grant extensions under Section
petition. The petition shall be filed not later 4 of Rule 65, the paragraph providing for such
than sixty (60) days from notice of the judgment, authority would have been preserved. The
order or resolution. In case a motion for removal of the said paragraph under the
reconsideration or new trial is timely filed, amendment by A.M. No. 07-7-12-SC of Section
whether such motion is required or not, the 4, Rule 65 simply meant that there can no longer
petition shall be filed not later than sixty (60) be any extension of the 60-day period within
days counted from the notice of the denial of the which to file a petition for certiorari.
motion
The rationale for the amendments under A.M.
When is the petition filed? Not later than sixty No. 07-7-12-SC is essentially to prevent the use
(60) days from notice of the judgment, order or (or abuse) of the petition for certiorari under
resolution. In case a motion for reconsideration Rule 65 to delay a case or even defeat the ends
or new trial is timely filed, whether such motion of justice. Deleting the paragraph allowing
is required or not, the sixty (60) day period shall extensions to file petition on compelling grounds
be counted from notice of the denial of said did away with the filing of such motions. As the
motion. Rule now stands, petitions for certiorari must be
filed strictly within 60 days from notice of
Exception? In petitions before the COMELEC judgment or from the order denying a motion for
or COA which must be filed in 30 days. I-deduct reconsideration.

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a municipal trial court or of a corporation, a

In granting the private respondents’ motion for board, an officer or a person, it shall be filed with
extension of time to file petition for certiorari, the the Regional Trial Court exercising jurisdiction
Court of Appeals disregarded A.M. No. 07-7-12- over the territorial area as defined by the
SC. The action amounted to a modification, if Supreme Court. It may also be filed with the
not outright reversal, by the Court of Appeals of Court of Appeals or with the Sandiganbayan,
A.M. No. 07-7-12-SC. In so doing, the Court of whether or not the same is in aid of the courts
Appeals arrogated to itself a power it did not appellate jurisdiction. If the petition involves an
possess, a power that only this Court may act or an omission of a quasi-judicial agency,
14
exercise. For this reason, the challenged unless otherwise provided by law or these rules,
resolutions dated August 7, 2008 and October the petition shall be filed with and be cognizable
22, 2008 were invalid as they were rendered by only by the Court of Appeals
the Court of Appeals in excess of its jurisdiction.
In election cases involving an act or an omission
Even assuming that the Court of Appeals of a municipal or a regional trial court, the
retained the discretion to grant extensions of petition shall be filed exclusively with the
time to file a petition for certiorari for compelling Commission on Elections, in aid of its appellate
reasons, the reasons proffered by private jurisdiction.
respondents’ counsel did not qualify as
compelling. Heavy workload is relative and often You have several courts who can entertain the
15
self-serving. Standing alone, it is not a petition in its ORIGINAL jurisdiction. We have
sufficient reason to deviate from the 60-day rule. the:
1. Supreme court
HOWEVER…..1 year later, YES na naman ang 2. Court of appeals
Supreme Court. 3. Sandiganbayan
4. Regional trial court
in the case of DOMDOM V. SANDIGANBAYAN, 5. COMELEC for election cases
G.R. Nos. 182382-83 February 24, 2010. No 6. Shariah Appellate court
mention is made in the above-quoted amended 7. Shariah district courts
Section 4 of Rule 65 of a motion for extension,
unlike in the previous formulation, does not Like I said, there are several of them having
make the filing of such pleading absolutely original jurisdiction. So you apply the principle
prohibited. If such were the intention, the of CONCURRENCE OF JURISDICITON. The
deleted portion could just have simply been first court that takes jurisdiction shall exclude all
reworded to state that “no extension of time to the other courts.
file the petition shall be granted.” Absent such a
prohibition, motions for extension are allowed, Can you go directly to the Supreme Court?
subject to the Court’s sound discretion. The The general rule is NO because you have to
present petition may thus be allowed, having observe or respect the hierarchy of courts.
been filed within the extension sought and, at all
events, given its merits. What is the effect? It will not stay the
proceedings. in the amendments introduced by
So that‟s the ruling of the Supreme Court. A.M. No. 07-7-12-SC, a new paragraph is now
added to Section 7, Rule 65, which provides as
Under AM 00-2-3-SC, there was really that follows: The public respondent shall proceed
provision which said, No extension of time to file with the principal case within ten (10) days from
the petition shall be granted except for the filing of a petition for certiorari with a higher
compelling reason and in no case exceeding court or tribunal, absent a temporary restraining
fifteen (15) days.” order or a preliminary injunction, or upon its
expiration. Failure of the public respondent to
But in the case of Domdom, that that extension proceed with the principal case may be a ground
is still allowed for as long as you are able to for an administrative charge.
show compelling reasons.
What happened then to that principle of
Where do you file the petition? judicial courtesy? It seems na parang nawala
If the petition relates to an act or an omission of na xa. It is no longer applicable because of that

Page | 19
amendment of section 7. Wala na ang judicial and it involves millions or a huge sum of money,
courtesy. Courts now are mandated to proceed i-entertain nila yan. They may not rule entirely in
unless there is an injunction or TRO. your favor but they will really require the parties
to pay. If you claim millions and millions by way
WHAT If the petition for certiorari is of damages, you have to be ready to pay docket
outrightly dismissed? The court may award in fees. Otherwise,
favor of the respondent treble costs solidarily
against the petitioner and counsel,(so times So public respondent is impleaded as NOMINAL
three ang gasots! ) in addition to subjecting PARTIES.
counsel to administrative sanctions under Rules
139 and 139-B of the Rules of Court. In that case you really have to think twice
(disbarment case yan!) because eto ang function sayo so kahit papano
the CA was able to see and actually when it
The Court may impose motu proprio, based comes to docket fees strikto talaga ang korte
on res ipsa loquitur, (what is that? CONTEMPT!) because the life blood of the court, ang mga
other disciplinary sanctions or measures on allowance the judges, justices nanggaling dyan.
erring lawyers for patently dilatory and So pag-invoke mo yan and millions ang
unmeritorious petitions for certiorari. collectible nila talagang bibigyan ka ng pansin
and they will be entertaining your petition, they
Why is that? Because these lawyers contribute may not totally rule in your favour but they will
to the clogging of the dockets. Konting ano lang, require the other party to pay. So dapat careful
certiorari agad! It became in a way a tool for ka if you gonna pay millions and millions by way
harassment. So if the petition is really patently of damages be ready to pay docket fees
frivolous and groundless, that is the sanction. So otherwise they gonna strike it down for lack of
if you are going to suggest to your client to file jurisdiction.
petition for Certiorari, warn the client of these
consequences because mapapagaastos kayo So public respondents will be impleaded as
and even you as the lawyer can be held nominal parties only like I said noh sila yung
administratively liable for filing a frivolous suit. nkalagay ang pangalan dyan so if you don‟t
want to offend the judge huwag mong ilagay ang
When this amendment first took effect, I had a pangalan nya just take the name of the court.
case na kelangan talaga i-certiorari, I was really
thinking about the possible consequences. I was Who will actively participate and defend the
asked about the case and I replied I was having suit? It will be the private respondent.
second thoughts. He advised that I talk with the
client. I discussed it with him and he said, “go for So may mga judges dyan na ngrule na cla tapos
it attorney if you really believe there is a ground”. sasabihin nan a certiorari sya (grave abuse of
It was a petition for certiorari and prohibition and discretion) ang court personnel especially if they
my ground was lack of jurisdiction due to non- are so protective with their judges they would
payment of docket fees. We raised as an feel so bad. Meron naman iba na sasabihin ah
affirmative defense, na-deny kami. So we went hayan mo lang dedepensahan ako ng kabilang
on certiorari. I‟m no longer liable for the treble party. So if they believe that you have a very
costs kc go na ang client. 5 years later, it was in good ground to rule in your favour and the
2007 because 2007 itong amendments na „to lawyers handling the case are competent
eh, lumabas na ang decision. CA said that there enough they the judges will take the risk
was no grave abuse of discretion. I was holding because they know if they are elevated in
my breath! No grave abuse of discretion certiorari dedepensahan sila kasi nga ang
because there was no refusal to pay but sabi ng naghahandle na lawyer ay competent naman at
CA, “magbayad ka”. So kahit papano, there was talagang well covered ang grounds nya.
merit on our case. The respondent was made to
pay docket fees pero ayaw parin. Nag-MR sila. And true enough there was this judge na
So ayaw parin magbayad. So that is refusal to nacertiorari the judge said let Atty. Tui defend
pay diba? Since they first filed an MR, that kasi an gang nghandle, so mabuti nalang
sinabayan ko sila ng MR! But really, you have to nadepensahan ko sya otherwise patay ako sa
think twice or thrice about this. It is because of kanya. So it is all the matter of putting all your
the penalties and costs. Pag ininvoke mo yan arguments in place, so that the judge will be

Page | 20
persuaded to rule in your favour at the same (normally they will included it in the
time take a risk na kapag i-certiorari sya may order na after the comment you have 5
matinong mgdedepensa sa kanya at maganda days to reply)
yung mga arguments na idedepensa mo kasi in
a way it‟s the judge‟s name is on the line 3. Oral arguments or memoranda
especially pag-grave abuse of discretion ang
charge. After that walang comment or kahit na
may comment the court will have the
So the public respondent will not appear or option to require the parties for oral
file any comment to the proceeding or any arguments or in lieu of that they will
pleading. You might have read some cases na require the parties to submit a
talagang ang judge ng-file diin sya ng kanyang memoranda.
pleading in fact it happened here in Davao ngfile
din sya ng comment na kung tutuusin hindi na
kailangan.
RULE 66
On appeal, eto, kapag ina-appeal pa ang QUO WARRANTO
certiorari or prohibition then included pa rin
and public respondents as nominal party QUO WARRANTO it‟s a latin term which means
again the public respondent will not appear “by what authority”. Its another prerogative writ
or participate in the proceedings unless by the government to call upon any person to
otherwise directed by the court. show what authority or what warrant he holds a
public office or exercises a public franchise.
Normally the public respondents will be
asked to comment if there is allegations in WHO MAY FILE?
the petition that are purely personal to the Technically it should be the state who should
public respondent, so ipapacomment yan sya. file, especially, if it pertains to the authority of a
public officer who holds office.
Like in the case of Passion and Hostility so It can also be filed by a private individual,
pwede ipacomment sya kasi you have ruled with subject to the condition that he must show
passion and hostility. But in most cases hindi entitlement to the public office or position
na talaga pinaparequire na mgcomment or usurped or unlawfully held or exercised by
mgparticipate ang public respondent. another. The private person can also question
the legality of the incorporation of a corporation,
So if there is already a judgment and there is a meaning the franchise of a corporation.
__ then the disobedience will be punished as
contempt so in a way it is a special order. WHO MAY BE RESPONDENTS?
1. Any person who usurps, intrude into or
So this is your flow: Petition for Certiorari unlawfully holds a public office position
or franchise. Take note, that there is no
1. File it in court more an office in a corporation created
by authority of law. So, it has to be a
The court will have the option to: public office, not a private office,
position or franchise. If you are
a. Dismiss it outright or questioning the usurpation of office in a
b. Issue an injunction together with private corporation that is governed by
the notice to require the the rule on intra-corporate disputes,
respondent to comment presently covered by RA 8799. There is
also specific rule governing intra-
(kapag walang injunction then only corporate proceedings in court.
the comment will be submitted) 2. Public officers who forfeit their office,
and
2. Reply ang kabila 3. Associations which acts as a
corporation without legally being
incorporated or authorized.

Page | 21
WHEN DO YOU FILE? relation of the relator, the Solgen can

One year from the cause of ouster or the right of ask for deposit to cover expenses.
petitioner to hold office or position arose.
If beyond the 1year period, the action is barred PROCEDURE:
by prescription. So the one year is prescriptive  filing of application of permission of QW
period. (file with the court)
 there will be an order requiring the
What is the reason for the 1yr prescriptive
respondent to comment
period? Public office cannot be subject of
 the court can either deny or grant the
continued uncertainty and people‟s interest
application (furnish all parties)
requires that such be determined as speedily as
 if it grants, then the petition will be filed
practicable.
within the period fixed ---so this is the
flow of discretionary QW.
WHAT IS THE EXCEPTION TO THE 1YR
PERIOD? ACOSTA VS FLOR
When the petitioner is not guilty of inaction or The difference between a QW initiated by the
when with the assurance of the government, the state and the one initiated by private individual is
petitioner was made to wait longer than 1yr. the showing of entitlement of the parties. If
initiated by the state, no need. If it is by party
WHERE DO YOU FILE? individual in his own name, he has to show
Original and concurrent jurisdiction: entitlement to the office.
1. SC
The period to file the pleadings provided by the
2. CA
rules may be reduced to secure the most
3. RTC exercising jurisdiction over the
expeditious determination of the matters
territorial area where the respondent or
involved in the csae. QW cases given priority,
any of the respondents resides.
precedes over other kinds of cases pending in
If it is the Solgen who will file the action, it
court. (SEC 8)
may be brought in a RTC in Manila, in the
CA, or in the SC.
If there is judgment finding usurpation, it
4. SB also has jurisdiction in action arising
includes the ouster of the occupant or the
under Eos 1, 2, 14 and 14-A in aid of its
usurper and recovery of cost by the petitioner or
appellate jurisdiction and is not
relator, as the case may be. Further judgment
exclusive of the SC
determining the rights in and to the public office,
position or franchise of all the parties to the
CONTENTS: action. (SEC 9)
Verification in the name of the Republic of the
Philippines. If brought by an individual, must be So all the expenses, the money deposited with
brought in his own name. the Solgen or the cost of the suit can be
If it is for usurpation, the usurper must be recovered if you have favorable judgment.
alleged also. And also all other persons claiming
the position must be impleaded. WHAT IS THE DUTY OF THE OUSTED
DEFENDANT?
TWO PARTS OF QUO WARRANTO: To turn over the office to the rightful occupant
1. Compulsory – commenced by public together with (books and papers?) in his
prosecutor or Solgen when directed by possession. If he refuses, he can be liable for
the President or when upon complaint or contempt and damages which may be recovered
otherwise he has good reason to believe in a separate action. (SEC 10)
that any case specified in the section1
and 2 can be established by proof. A judgment in quo warranto does not bind the
2. Discretionary – commenced by the respondent's successor in office, even though
Solgen or public prosecutor may, with such successor may trace his title to the same
the permission of the court in upon the source. It is directed to the office itself and not to
relation of another person known as the person occupying.
relator. So if it is discretionary QW upon

Page | 22
[Ordinarily, a judgment against a public officer in after entry of judgment establishing the
regard to a public right binds his successor in petitioner‟s right to the office.
office. This rule, however, is not applicable in
QW cases. A judgment in quo warranto does not So probably, if there is no award for back
bind the respondent's successor in office, even salaries and during that time you are not in office
though such successor may trace his title to the you suffered losses by way of loss of income
same source. This follows from the nature of the opportunity, then you can claim damages and
writ of quo warranto itself. It is never directed to you have to file it 1 yr from entry of judgment
an officer as such, but always against the establishing your right to the office in question.
person – to determine whether he is
constitutionally and legally authorized to perform LIABILITY FOR COSTS
any act in, or exercise any function of the office You have petitioner, relator, respondent, the
to which he lays claim. (Mendoza vs. Allas, 302 person or persons claiming to be a corporation.
SCRA 623) - supplied] The cost can be apportioned. (SEC 12)
BACKSALARIES DIFFERENCE BETWEEN QW AND

Supposing reinstatement is no longer allowed MANDAMUS
because in the meantime, the person entitled to In mandamus, the person is seeking to compel
the office has already retired? What would be the reinstatement to the office because there is
the remedy? Can there be a claim for an exclusion made on the petitioner. So what
backsalaries? Check Mendoza vs Allas you seek to compel is the reinstatement kasi
regarding liability for back salaries. G.R. No. nga inexclude ka.
131977.
Whereas in QW, there is usurpation.
[Petitioner has apprised this Court that he
reached the compulsory retirement age of sixty- In mandamus, there is no usurpation, the
five (65) years on November 13, 1997. position may be vacant. Wala nakaupo diyan
Reinstatement not being possible, petitioner now pero ayaw ka pa-upuin ng superior mo, for
prays for the payment of his back salaries and instance. So that is compellable, the remedy
other benefits from the time he was illegally there is mandamus.
dismissed until finality of the trial court's
23
decision. But if there is already someone occupying the
position and you can establish that the person is
Respondent Allas cannot be held personally usurping the position then your action would be
liable for petitioner's back salaries and benefits. for QW, but then you have to show your
He was merely appointed to the subject position entitlement to the office.
by the President of the Philippines in the
exercise of his constitutional power as Chief *Under the omnibus election code, you have
Executive. Neither can the Bureau of Customs separate set of grounds for filing a petition for
be compelled to pay the said back salaries and QW as opposed to the election protest. We will
benefits of petitioner. The Bureau of Customs not dwell so much on that, just look at the basic,
was not a party to the petition for quo warranto. the grounds.
– supplied]
APPOINTIVE VS ELECTIVE
The liability for back salaries, should it be So differences in QW between in appointive and
claimed in a separate action or in the same elective positions, if it is an elective position and
proceedings? that the declared the winner, meaning the one
occupying the position is found to be ineligible
nd
If it is in the form of damages, because the back then there is no declaration of the 2 placer as
salaries that we are talking about is in lieu of the one who should be in the position.
reinstatement, so technically it should be
allowed if reinstatement is no longer possible, it Whereas, in appointive position, the court
should be in the judgment of QW itself. determines who was legally appointed and
should declare who is entitled to occupy the
It‟s a different story if you are claiming for action position.
for damages, it has to be commenced within 1 yr

Page | 23
So in elective positions, this is more under the he was sought to be disqualified, to forfeit his
election code. The appointive is under Rule 66. position as senator because he is occupying
another position of the government. They claim
Okay, so let‟s look at the decided case of that the PNRC is a GOCC and they cited an
Soriano v. Estrada. earlier case, a labor case, were the PNRC is a
GOCC. However, the SC said that this action
This consists of four cases. Four consolidated partakes of the nature of a quo warranto
cases involving the oath taking of GMA. proceeding, and the person instituting a quo
warranto proceeding must be able to show that
The first petition asked to enjoin Estrada from he is entitled to the office in dispute, otherwise
exercising the powers of the President and to the action may be dismissed at any stage. So,
give the presidency to his constitutional they did not and could not show entitlement to
successor, meaning GMA. There was a time the position of senator or to the office of Senator
that he was ousted. Gordon, so the SC said that they have no
standing to file the petition.
Second petition: to declare the occupation of
Arroyo as constitutional and legal with the full In Topacio v. Ong and OSG, this one alam na
support of the Filipino people. ng lawyer na hindi siya pwedeng magfile ng quo
warranto, why? Because previously, humingi na
Third petition: for a definitive ruling on whether siya o sumulat na siya sa Solicitor General,
Estrada is still the president, hence exempt from nagrequest na siya as relator requesting the Sol.
all criminal suits. Gen to file a quo warranto petition against
Justice Ong. Justice Ong is a Sandiganbayan
And last: a petition that asks the declaration of Justice. Nireject siya because Ong has a prior
nullity of GMA‟s proclamation and oath taking. petition with the RTC for correction of his birth
So the factual backdrop of this is when Estrada record. The basis kasi for the quo warranto is
was ousted and GMA was to take over the that Ong does not have the qualification to sit as
presidency. Sandiganbayan Justice because he is not a
natural-born Filipino citizen, and the reason that
According to the Supreme Court, these petitions he used here was the ruling of the SC in
are actually in the nature of declaratory relief. Kilosbayan whre the SC prevented Ong from
The problem is, the SC has no jurisdiction over accepting the appointment to the SC until and
original actions for declaratory relief. So, one unless he has sorted out his citizenship. So
ground to dismiss the case. Second, the there was no declaration the he is not a natural
petitioners appear to have no locus standi born Filipino citizen, he was just made to fix it
because they failed to show any direct and first. And that is why, there was that decision.
personal injury that they will suffer by reason or On the basis of that decision , here comes
by the outcome of the petitions. Topacio asking the OSG to institute a quo
warranto proceeding. Sabi ng Sol. Gen. wait
According to the SC, kibitzers, however well- lang kasi nagfile na siya ng action sa RTC to
meaning, have no locus standi. Then, can you correct his birth record. Hintayin muna natin yun
treat them as quo warranto? NO. Because, and let‟s see the outcome. Hindi siya kuntento
remember the petitioners qualifications in law to sa sagot ng Sol. Gen. eto na, Petition for
commence the action, they do not claim to be Certiorari and Prohibition ang ginamit niya.
the president of the Philippines. Mag president That‟s his vehicle for questioning the authority or
muna kayo bgo kayo magfile ng quo warranto, qualification of Ong to sit as Sandiganbayan
or tumakbo muna kayo, or be appointed, maging Justice. So, the end result of the petition is to
vice president muna kayo bago kayo makafile or prevent Justice Gregory Ong from exercising the
question the legality of the position of president powers, duties and responsibilities of a
vested in one person in order for your quo Sandiganbayan Associate Justce. Will that
warranto petition to prosper. prosper? Obviously, hindi.
In the case of Liban v. Gordon, this involves The petition of Ong before the RTC was for
the position of Gordon as Chairman of the amendment, correction, supplementation of
Philippine National Red Cross at the same time entries in his certificate of birth. Now, let‟s go to
a senator of the Republic of the Philippines. So, the OSG, was the denial of the OSG or the

Page | 24
deferment of the action by the OSG subject to Justice of the Sandiganbayan, the rightful
certiorari, or was it tainted with grave abuse of authority of a judge in the full exercise of his
discretion? The SC said NO, certiorari cannot lie public judicial functions cannot be questioned by
against the OSG in this case because the OSG any merely private suitor, or by any other,
has the discretion to act on a request or a except in the form especially provided by law.
relator‟s request to file a quo warranto To uphold such action would encourage every
proceeding. The Sol. Gen. may suspend or turn disgruntled citizen to resort to the courts,
down the institution of quo warranto where there thereby causing incalculable mischief and
are just and valid reason. So here the just and hindrance to the efficient operation of the
valid reason is there is that pendency of the governmental machine. So dito diniscuss na
RTC case and the consequent risk of forum even assuming that he is not qualified to sit as a
shopping. So if the RTC case is still pending and Sandiganbayan Justice because of the
you file a quo warranto, you run the risk of citizenship issue he can be considered as a de
committing forum shopping. So the OSG here, facto judge or officer in which case whatever
according to the SC, did not totally write finis to acts that he did in his office has a color of
the issue as it merely advised the petitioner to validity. So hindi pa rin siya considered as null
await the outcome of the RTC case. and void. So that‟s for our quo warranto.
How about against Ong? Matatablan ba siya ng

certiorari and prohibition na finile against sa
kanya? HINDI. According to the SC, while
RULE 67
denominated as a petition for certiorari and EXPROPRIATION
prohibition, the petition partakes of the nature of
a quo warranto proceeding with respect to Ong, So the next three rules have something in
for it effectively seeks to declare null and void common because they are all composed of two
his appointment as an Associate Justice of the parts.
Sandiganbayan for being unconstitutional.
Again, the petitioner failed to prove that he is So let‟s start with expropriation. It is governed
entitled to that position. Also, the SC said that by Rule 67.
there can be no collateral attack on a public
officer‟s title. Hindi pwede na through certiorari What is the legal basis for this? You have the
and prohibition aatakehin mo na ang title of a power of Eminent Domain and that is again
public officer to his position. It must be a direct another constitutional power that you have taken
proceeding and that proceeding is what you call up already in you r political law. So the power of
the quo warranto proceeding. Supposing quo eminent domain is a sovereign power of the
warranto nga, pwede ba? Hindi pa rin because state to take or authorize the taking of any
there is no sufficient proof of a clear and property within its jurisdiction for public use
individual franchise to the office of Associate without the owner‟s consent. So against the
Justice of the Sandiganbayan shown by the consent of the owner, pwede for as long as it is
petitioner. So wala siyang proof. He even for public use.
concedes that he was never entitled to assume
the office of an Associate Justice of the So how do you go about exercising the
Sandiganbayan. power of eminent domain of the state? Then
you go to Rule 67 through expropriation
So in all points kahit anong posibleng angle proceedings. Being constitutional in nature, the
hindi pwedeng magprosper ang kanyang case. power of eminent domain is subject to limitations
And for that, dismissed ang kaso. Anong made in the constitution itself and that is the due
pinagkaiba nito sa kilosbayan decision where process limitation as well as the limitation on just
the SC looked into the qualification of Ong and compensation. So the taking may be without the
told him not to accept the appointment as SC consent of the owner, but still you have to pay
justice? The Sc said there is a big difference that. Babayaran pa rin yan. Otherwise, the
between this case and that of the Kilosbayan taking will become arbitrary.
case. What is the difference? In this case, he is
a sitting justice of the Sandiganbayan already; in So the requisites are as follows:
Kilosbayan, hindi pa siya nakakaupo as SC
1. Due process;
Justice. And because he is already a sitting

Page | 25
2. Just compensation; and What are the uses of the deposit?

3. Public use. 1. As prepayment, or advance payment, or
down payment for the value of the
The complaint must be verified and should property if it turns out that the division or
implead all persons owning or claiming to own or the action would be granted in favor of
occupying any part thereof or interest therein. the plaintiff.
So lahat ng tao found in the area, or claims to 2. To indemnify any damage in the event
own the area, then include everybody. Then you the proceedings failed to consummate.
have to include also the right and purpose of the
expropriation, a description of the property to be So here is the flowchart for Stage 1.
expropriated. Supposing that the property to be complaint, and then, together with the complaint,
expropriated is already or appears to be in the you can include a preliminary deposit, file it in
name of the Republic of the Philippines but court, then the court will cause the service of
occupied by private individuals or there is a summons and the complaint to the defendants.
cloud to the title over the property then you The defendants can appear, either by
should include allegations with respect to these manifesting in court that they have no objection
facts. or by filing an answer interposing his objections
or affirmative defenses. And then, there will be a
What are the two stages in expropriation trial of hearing to determine the propriety of the
proceedings? expropriation.
1. First, we determine the authority of the
person exercising the power of eminent You are NOT allowed to file a motion to dismiss
domain. here. You have to file an answer. If you have
2. Second, the determination of the just grounds to dismiss, then allege them as
compensation with the assistance of affirmative defenses.
three commissioners. If the petitioner or
complainant or plaintiff would want to And then after the hearing or the trial, you have
enter the property immediately then all the order of expropriation granting it or in the
he has to do is file a preliminary deposit worst case scenario, denying it.
or make a preliminary deposit with the
court in the amount equivalent to the That is how stage 1 is conducted.
assessed value of the property. So It ends with an order of expropriation. And that
assessed value, you consult the tax order essentially upholds the plaintiff‟s right or
declaration which is very mababa, very authority to expropriate the property and the
low ang mga declaration. And then you nature of the taking.
deposit it to a government authorized
depositary subject to the orders of the So yun ang basic issues to be determined in
court. stage 1:
1. Was there authority on the part of the
The exception to this is under a special law, plaintiff to expropriate?
under RA 8974, where you are supposed to 2. Is the taking for public use?
deposit 100 percent of the BIR zonal value of So these are the issues to be threshed out in
the land and the value of the improvements. But stage 1 of the expropriation proceedings.
this only applies when the projects or acquisition
is for the right of way, site for government And once you have that order of expropriation
infrastructure projects. Outside of that you do where the court upholds the authority of the
not have to deposit 100 percent of the BIR zonal plaintiff to institute expropriation proceedings
value, only the assessed value. AND that the nature of the taking is for public
use, then you proceed to stage 2.
So the deposit shall be in money, unless the
court allows the deposit of a certificate of deposit However, if it is contested; if you disagree with
of a government bank payable in demand. With the finding of the court that the plaintiff has the
respect to the personal property, the value shall right or authority to expropriate and that you
be provisionally ascertained and the amount of disagree with the nature of the taking, saying
the deposit, properly fixed by the court. that it is not for public use, then you can

Page | 26
APPEAL that order of expropriation. The order nang file-file ng expropriation proceedings.
of expropriation that terminates stage 1 of the Direcho na. It is the direct exercise of the power
expropriation proceedings, is by itself, of eminent domain by Congress without resort to
appealable, because it is a final order in itself. filing expropriation proceedings.
So you don‟t have to wait. You don‟t even file a So according to the Supreme Court, under RA
petition for certiorari because that is not an 6657, stage 1 of expropriation proceedings is
interlocutory order. It is a final order. Go ahead dispensed with as it deals with a non-traditional,
and file your ordinary appeal. But since there is revolutionary kind of expropriation which affects
still something for the court to do, mag- all private agricultural land, wherever found and
proproceed pa rin ang court sa stage 2 kahit na of whatever kind, for as long as they are in
nag-appeal ka. Kasi 2 pronged procedure ito eh. excess of the maximum retention limits allowed
So tapos and stage 1, hindi ka nag-agree, their owners. This kind of expropriation is
appeal ka, what happens to the proceedings? intended for the benefit of not only of a particular
CONTINUED. Proceed to stage 2. So what will community or a small segment of the population,
happen to your appeal eh magpapatuloy pa pala but the entire Filipino nation for all levels of our
ditto? Separate yun. So what you are required to society from the impoverished farmer, to the
do, you are required to submit a record on land glutted owner. Its purpose does not cover
appeal. Meaning to say, if you are required to only the whole territory of this country but goes
submit a record on appeal, then your period is beyond in time to the foreseeable future which
not the regular 15 days but the 30 day period to hopes to secure and edify with the vision and
appeal. So patuloy pa rin ang court. Proceed xa the sacrifice of the present generation of
to stage 2. Filipinos. Generations yet to come are as
involved in this program as we are today,
How do you determine the authority to although hopefully only as beneficiaries of a
expropriate? richer and more fulfilling life we will guarantee to
The power of eminent domain is basically them tomorrow through our thoughtfulness
lodged in Congress. It is a legislative power. The today. No less than the Constitution itself that
power to exercise eminent domain, an inherent has ordained this revolution in the farms, calling
power of the State is lodged in the legislative for "a just distribution" among the farmers of
department. lands that have heretofore been the prison of
their dreams but can now become the key at
Once the Congress passes a law that least to their deliverance. (Confederation of
expropriates a property, that in itself will be Sugar Producers Association, Inc. v DAR;
respected by the courts. If it says this is for 2007)
public use, then it will respect the determination That is why you don‟t see expropriation cases
of Congress because that is inherently being filed involving agricultural land because
legislative in nature, unless there are other Congress already did it, shinort-cut na nya. Wala
circumstances, that the court, in the exercise of na ang stage 1.
its judicial review, can see that there is abuse in
the process, What is left for the court to determine? Just
compensation. Since only stage 1 was
Once the object is within the authority of dispensed with in the CARP law, sino pa rin ang
Congress, the means by which it would be mag-dedetermine ng just compensation? It‟s still
attained is also for Congress to determine. the courts. Why? Because the determination of
just compensation is judicial in nature.
The perfect example of Congress’ power to
expropriate, direct itong pag-expropriate nila, Who else are vested with authority to
is the CARP Law, RA 6657. Here, there is expropriate? Like we said, in a State, only the
really taking for public use: distribution of the Legislature has the power. Pero meron pa bang
agricultural land, in excess of your retention iba na pwede? YES. Sila yung may mga
limit. So instead of the government filing delegated powers. Sila yung binigyan ng
numerous expropriation cases, eto na, authority to expropriate. And how is the
dinerecho na ng Congress. So the end result authority given? By virtue of law. Example:
here is that stage 1 has been dispensed with. Local government units by virtue of Section 19
Direcho na. By virtue of a law na ito eh. So wala

Page | 27
of the Local Government Code as far as LGUs according to the Supreme Court there is already
are concerned. And you have the requisites: taking. Section 76 is a taking provision because
1. There has to be a local legislative entry here is not just a simple right of way which
ordinance issued by the legislative is ordinarily allowed by the provisions of the Civil
council authorizing the local chief Code. Here, the holders of mining rights enter
executive the power of eminent domain. private lands for purposes of conducting mining
2. You have to show public use, public activities such as exploration, extraction and
purpose or public welfare. processing of minerals. Mining right owners
3. You have to provide for just build might infrastructures, big mine shafts and
compensation and to show that there collecting tunnels, tailing ponds, storage areas
was an offer made to the owner but was and vehicle depots, install their machinery,
rejected by him. equipment and sewage systems.
Sino pa?
Under Section 75, easement rights are afforded
1. By law, PD 538, PHIVIDEC was also
to them where they may build their warehouses,
given the authority to expropriate with
railroads and other structures necessary for
respect to the acquisition of right of
mining operations. All these would definitely oust
ways or any property or establishment
the owners or occupants of the affected areas
for the expansion of the PHIVIDEC
the beneficial ownership of their lands. So pag
industrial areas.
pinapasok mo na sila, wala ka nang
2. The NHA under PD 1072 is also given
mapagpapagamitan pa ng iyong property. So
the power to expropriate.
the Supreme Court said that these are taking
3. Qualified mining operators under PD
provisions.
512, Section 1 which was deemed
incorporated in Section 76 of RA 7942
Are these provisions valid? Yes. The
or the Philippine Mining Act. How? That
Supreme Court has upheld the validity of the
was discussed in Didipio Earth Savers
Philippine Mining Act.
Multipurpose Association vs. Gozun
(2006).
When can you say that taking is complete?
When the property is rendered uninhabitable by
Another element for a valid expropriation is an entity with the power to exercise eminent
that the taking must be for public use. When domain. So hindi na matitirhan pa. The taking
can you say that there is taking or simply, occurs not only when the government actually
what is taking? deprives or dispossesses the property owner of
Taking is the entry upon private property not his property or of its ordinary use, but also when
only for a momentary period but for more there is a practical destruction or material
permanent duration, for the purpose of devoting impairment of the value of his property.
the property to a public use in such a manner as
to oust the owner and deprive him of all So even impairment of the value of the property
beneficial enjoyment thereof. can be considered taking already.
Examples:
Why is there taking under the Philippine
1. Underground tunnels were constructed
Mining Act and why do we say that qualified
under the subterranean portion of the
mining operators are given the power by
land. That was considered complete
Congress to expropriate?
taking. (NPC v Ibrahim [2007])
Because under Section 76, it says there:
2. Easement of right of way for the
Sec. 76 Entry into Private Lands and
construction of flood walls which could
Concession Areas. Subject to prior notification,
render the rest of the property as a
holders of mining rights shall not be prevented
catch basin for the flood waters coming
from entry into private lands and concession
from the river. So uninhabitable na.
areas by surface owners, occupants, or
(Republic v Andaya)
concessionaires when conducting mining
3. Installation of the 230KV transmission
operations therein x x x
lines are limiting the use of land for an
indefinite period and posing a danger to
So kung sino man ang may ari ng surface areas,
life and limb beneath it. (NPC v
walang karapatan to stop them from digging. So
Paderanga [2005]). So even if sa taas

Page | 28
lang yun ng property and sa ilalim number of the inhabitants of a section of the
pwede pa, still, it cannot be used, it is state, or which leads to the growth of towns and
impaired. There is now a height the creation of new resources for the
limitation. So the Supreme Court said, employment of capital and labor, [which]
there is complete taking. So you can ask contributes to the general welfare and the
for the value of the property because prosperity of the whole community. This is still
useless na insofar as the owner is related to the Philippine Mining Act.
concerned. There is no more
commercial value that you can get out of Now in the case of Barangay Sindalan vs CA,
it except to sell it to them through this “public use” is defined as “whatever is
proceeding. beneficially employed for the community. Okay.
Okay. For taking to be valid it has to be for And public use as eminent domain concept has
public use so let us now examine what is public gone upward in its meaning to include any use
use. Public use is now synonymous with public that is of usefulness , utility or advantage or
interest, public welfare, public benefit and public what is productive of general benefit of the
convenience. It includes other notion of indirect public. So hindi lang actual use by the public, it
public benefit or public advantage. Public use as includes broader concept.
traditionally understood as actual use by the
public has been abandoned. Didipio Earth So Group 4,can a barangay exercise the
Savers‟ vs Gozun 2006 power of eminent domain?
Yes, in the case of Barangay Sindalan vs CA,
That is why the SC upheld the taking provision the Supreme Court held that as a basic political
of Section 76 of the Philippine Mining Act as a unit, its Sangguniang Barangay is clothed with
valid provision because the taking is for public the authority to provide barangay roads and
use. It held in the same case of Didipio Earth other facilities for public use and welfare. ( this
Saver‟s vs Gozun power is given under the Local Government
Code).
Mining industry plays a pivotal role in the
economic development of the country and is a The other entities (besides the Congress) can
vital tool in the government‟s thrust of only exercise the power of eminent domain
accelerated recovery. The importance of the through delegated power, there has to be a law
mining industry for national development is authorizing it to expropriate.
expressed in Presidential Decree No. 463:
There are cases where the Supreme Court
WHEREAS, mineral production is a major denied the exercise of the power of eminent
support of the national economy, and therefore domain because the taking is not for public use.
the intensified discovery, exploration,
development and wise utilization of the country‟s In the Case of Barangay Sindalan vs CA, it
mineral resources are urgently needed for was held that the land to be expropriated is
national development. needed to provide access road for the
developer‟s subdivision for 400 residents. So
Irrefragably, mining is an industry which is of sabi ng supreme Court, hindi yan sa public use
public benefit. kase 400 residents lang ang makikinabang and
all because of the fault of the developer.
I don‟t know if Fr. Tabora would agree that but
that is the definition of public use character of Another instance where the taking is not for
the taking in so far as the Mining Act is concern. public use, property if intended to benefit a small
Kaya pasok siya sa public use requirement. community which seeks to have its own sports
and recreational facility despite the fact that
Okay in another case, The more generally there is such a recreational facility only a short
accepted view sees “public use” as “public distance.
advantage, convenience, or benefit, and that
anything which tends to enlarge the resources, Okay. What happens if there is a public use
increase the industrial energies, and promote in the beginning and later on it is
the productive power of any considerable abandoned?

Page | 29
In the case of Reyes vs NHA (2003), When land the just compensation. So the question now
has been acquired for public use in fee would be:
simple unconditionally, either by the
exercise of eminent domain or by purchase, Is the payment of just compensation a
the former owner retains no rights in the condition sine qua non in the issuance of
land, and the public use may be abandoned, order of expropriation?
or the land may be devoted to a different use, That was answered in the case of Republic vs
without any impairment of the estate or title PDHC (2007), SC said no.
acquired, or any reversion to the former
owner. In expropriation proceedings, it is the transfer of
title to the land expropriated that must wait until
Unconditionally expropriation once done, can be the indemnity is actually paid. Clearly, it is after
abandon and devoted to another use. the rendition of the order of expropriation that
the court shall appoint commissioners to
However, in a 2005 case, the question of the ascertain the just compensation for the property
return of the property to the owner depends on sought to be taken.
the character acquired by the expropriator. So
eto ang qualification, ang character. This now How can you require payment of just
lead to the case of Mactan International compensation when you will still require the
Airport vs Lozada (2011). In Reyes, it is appointment of commissioners sa second
unconditional, in Mactan, it depends on the stage para idetermine ang just
nature of the expropriation where the SC held: compensation.
More particularly, with respect to the element of The order of expropriation will only determine
public use, the expropriator should commit to the authority and nature of the taking and that
use the property pursuant to the purpose stated will terminate the first stage.
in the petition for expropriation filed, failing
which, it should file another petition for the new What is just compensation?
purpose. If not, it is then incumbent upon the It is the full and fair value of the property to be
expropriator to return the said property to its expropriated. So it has to be the full amount and
private owner, if the latter desires to reacquire the fair amount. And the measure is not the gain
the same. Otherwise, the judgment of of the taker but the loss of the owner.
expropriation suffers an intrinsic flaw, as it would
lack one indispensable element for the proper However, even if you consider the loss of the
exercise of the power of eminent domain, owner you take into account what is fair to both
namely, the particular public purpose for which parties. In other words, di pdeng undervalued or
the property will be devoted. Accordingly, the di din pdeng overvalued.
private property owner would be denied due
process of law, and the judgment would violate Just compensation, ito yung formula niya.
the property owners right to justice, fairness, and Fair and Full Value of the Property at the time of
equity. actual taking + consequential damages +
attorney‟s fees – consequential benefits.
So the safest way to address this one is of you
petition for expropriation, you might as well Ano tong consequential benefits? Suppose
make it a little broader na hindi lang specific you have several lots, isa iexpropriate kase
public use ang ilagay mo, make it a little broader gawing daan, so may appraisal value niya yung
so alter on pagchinange niya ang purpose pasok property mo kase may road na.
pa rin.
Now how about interest?
Okay so lets go to stage two. Just Pwede, you can include interest kung matagal
compensation. ang pag bayad, but if there is rental being paid
during the time of occupation, no need to pay
Lets say may taking, pasok sa public use, so interest. In an expropriation case, the land
just compensation even of macontest sa taking owner has the right to the full value of the
that can be handled separate on appeal in the property...,which would bring the most in the
meantime the court can proceed to determine market. So that is why in every expropriation
case, the bottleneck lies in the determination of

Page | 30
the just compensation. You expect the land commissioner, thus partial lang ang report. In
owner to really bloat his claim. In the meantime, this case, court may already act, even if di pa na
the expropriator will have to be very reasonable complete ang report ng commissioner as to all
and examine if tama ba yung claim niya. Market subject properties).
value is fixed by the buyer and seller in open
market in the ordinary and usual course of After this, there will be a final report, this will
competition. Buyer is not compelled to buy and contain a full and accurate report of all
seller is not compelled to sell. So in determining proceeding which will only be effectual if the
just compensation or the value of the property, court accepts it. It should be filed within sixty
you have to look into the cost of acquisition, days from the date the commisioners are
current value of like properties, actual and notified of there appointment, but it can be
potential uses, inlands there size shape location extended. The final report will have to served to
and the tax declaration. the parties, wherein they can comment or object
to the report. The sixty day period will normally
When do you determine the just not be enough for the commisioners. Normally it
compensation? When do you start takes more than sixty for the commisioners to
computing the value? Normally, it is at the draw up the final report. The findings of the
time of taking, which usually coincides with the commisioner must be based on the evidence. A
filing of the petition for expropriation. So if the mere ocular inspection is not enough.
taking precedes the filing of the petition, it
should be the time of the filing of the petition that When can the findings be disregarded?
will govern. When there is a plainly manifest error in the
findings, or when it is apparent that injustice has
XPN: When the expropriator entered the been done, like the parties were not given
property and instituted expropriation opportunity to present there evidence, or the
proceedings only decades later. commisioners have clearly gone astray and
applied erroneous or illegal principles, or the
Case: Pidacan v ATO. So who will determine award is grossly excessive or grossly insufficient
the just compensation? The court will appoint or the commisioners have disregarded a clear
commissioners. This is a mandatory matter. preponderance of evidence.
Courts are not expected to be well versed in
valuation of properties. There will be a trial by So here, we have no initiatory pleading for stage
commisioner. In that hearing, the parties will two. Stage two is initiated by the court. The
have to show documentary proof to support the court will issue an order appointing
value of the property or their respective commissioners. This act signals the start of
positions. The trial by commisioner is a stage two. The court will designate the
separate proceeding from the ocular inspection. commissioners, the time and place of the first
So if during the hearing, the parties evidence is session and then when did she submit the
conflicting, the commissioners can go and have result, and that will be furnished to the parties.
an ocular inspection of the area itself. If they do The parties may object to the report submitted
conduct ocular inspection, it should not be the and within ten days, and the court will resolve
sole basis for the commisioners valuation. They the objection within thirty days and then the
still have to consider the other evidence. commissioners can either go for reception of
evidence, ocular inspection, examination,
After the commisioner has done the ocular measurement of the property, and they can
inspection and the reception of evidence, they assess consequential damages, and then they
must render a report. They may make a partial will render their partial final reports and furnish
report if the court requires, covering matters that the parties to which the parties may object. In
they have taken up already. The court may take this case, there will be another hearing. So pag
up judgment based on what they have reported hindi nag agree ang parties sa report, me
thus far. This can be the way the court handles hearing again. After this hearing, the court can
the matter when there are many lands being do any of the following: partial acceptance and
subjected to expropriation in the same rejection: completely reject the report and
proceeding (ex. Parcels 1,2,3,4 subject of an appoint new commisioners: or recommit for
expropriation proceeding.....only parcel 3, 2 further report of facts (Pausbon sa
were surveyed and reported on by commisioner): or the court may accept the report

Page | 31
as fair and render judgment thereon/. So there So supposing, stage one order of
are four possible actions that the court may take expropriation is subject to an appeal. Stage
in this case. two, you do not agree as to the value. So
what is the remedy? You can also appeal this
What is the effect if there is no payment of matter. Multiple appeals allowed in this case.
just compensation? No litis pendentia or forum shopping. The
In visayan refining company v Camus, the SC issues being tried and appealed are different .
held that the failure to pay just compensation
precluded the perfection of just title of the Supposing the judgment is against the plaintiff,
expropriator. However, in the case of and the judgment requires the restoration of the
valdehueza v republic, the ruling was that the defendant to the property and the determination
owners of property may not recover possession. of damages. Okay.. The appeal of the
The only remedy of the owners was to recover judgment will not bar the defendant from
payment, In the case of republic versus lim, receiving just compensation.
where the government fails to pay within five
years from finality of judgment in the After the proceeding then you register the
expropriation proceedings, the owner has the decision with the registry of deeds.
right to recover possession of the property. This
is under the principle that the government What is the effect of the registration? In
cannot keep the property and dishonor the order to vest in the plaintiff the title to th real
judgment. estate so described for such public use or
purpose.
So if there is conflicting or uncertain ownership
here, the court may order any sum or any sums What is the effect of non-registration? The
awarded as compensation for the property to be transferees of the expropriated property cannot
paid to the court for the benefit of the person be said to have had notice of the republics
adjudged in the same proceeding to be entitled adverse claim sufficient to consider them in bad
thereto. So an expropriation judgment should faith. So that is your flow chart of stages one
state definitely the particular property or interest and two.
therein expropriated, the nature of the public or
purpose for which it is expropriated, and the RULE 68
judgment will entitle the plaintiff to acquire right
over the property, upon payment of FORECLOSURE OF REAL
compensation fixed in the judgment with legal ESTATE MORTGAGE
interest from the time of the taking, and it will
also entitle the plaintiff upon the property
expropriated (if there was no prior preliminary  Foreclosure involves 2 stages.
deposit made), to deposit upon order said
amount if defendant and his atty should absent A mortgage is a lien over the property created
themselves from the court or decline to receive by a written instrument providing security for a
the amount tendered. So if ayaw tanggapin ng performance of an obligation.
defendant dahil kinocontest pa yung value,
ideposit na lang yung value. Foreclosure is the remedy to satisfy the
obligation by subjecting the mortgage property
So what does judgment include? Interest and to an auction sale.
damages. Interest can be given if there is delay,
especially if the expropriator caused the delay. It is to shut out to bar to destroy an equity of
So damages will consist of the loss resulting redemption.
from the dispossesion of the land, or from the
deprivation of the use and occupation of the It‟s to terminate the right of the mortgagor or his
land, or any expence incurred during the grantee to the property covered by the
pendency of the suit, or the destruction of the mortgage.
buildings or any other structure of the properties
expropriated. KINDS OF FORECLOSURE
1. Judicial; and
2. Extra-judicial

Page | 32
JUDICIAL – you have to resort to the court 7. names and residences of all the persons
action claiming interest over the property
- Governed by Rule 68 of the Rules of
Court What will the court do with the petition?
 Like we said 2 stages na naman ito.
EXTRAJUDICIAL - governed by Act 3135 for First stage, the court will ascertain the amount
Real Estate Mortgage due to plaintiff upon the mortgage debt or
- Act 1508 for Chattel Mortgage obligation, including interests and other charges
as approved by the court and costs.
WHO ARE THE PARTIES?
- Creditor That‟s the first stage, determine how much ang
- Debtor obligation.
- Mortgagee
- Mortgagor And then, the court will render judgment for
some found due and order the same to be paid
WHO ARE THE OTHER PARTIES? to the court or judgment obligee within a period
- Persons obligated to pay the mortgage of not less than 90-120 days from entry of
debt judgment.
rd
So if you have a 3 party mortgagor siya talaga This is what you called the equity of redemption.
ang main defendant , but you also implead the In the default of such payment, the property
debtor himself, kasi siya ang nakinabang sa shall be sold in public auction to satisfy the
mortgage debt na yan. judgment.
Persons who own , occupy, or control the That is the first stage, determine how much,
mortgage premises or any part thereof, kung meron ba talagang obligation and how
transferee, grantee, of the property, the 2
nd much is the obligation.
mortgagee or junior encumbrancer, mortgagor,
even if not the owner of the mortgage property Then give the debtor an opportunity or the
should be included to satisfy the deficiency mortgagor an opportunity to exercise the equity
judgment. of redemption within 90-120 days from entry of
judgment.
nd
So the 2 mortgagee should be included.
So, can you apply Rule 69 kung chattel So, what happens if the oblige fails to
mortgages? Because we have extrajudicial exercise the equity of redemption?
foreclosure of chattel mortgage for personal  Then there will be auction sale of the
property under Act 1508. property. It will be sold under the
 Under the Rules of Procedure 1964, it is provisions of Rule 39. It shall not affect
allowed. But under 1997 Rules of the rights of persons holding prior
procedure, it is no longer allowed. encumbrances upon the property or a
part thereof.
Because the foreclosure of chattel mortgage
under Act 1508 is governed by AM No, 99-10- So, after the sale is made, the court will have to
05-0 as per SC Circular No. 1-00. confirm it.
So may bagong ng Rule of Foreclosure of How will the court confirm it?
Chattel mortgage.  There shall be a motion filed, to confirm
the sale.
So, the complaint should contain:
1. the details of the mortgage Once confirmed, it will operate to divest the
2. any assignment if any rights in that property of all parties to the action
3. names of the parties and to vest the rights in the purchaser subject to
4. description of property such rights of redemption as may be allowed by
5. promissory note secured by the mortgage law.
6. amount due

Page | 33
Once the sale is confirmed, what is the until the

effect? confirmatio
 The finality of the order of confirmation n of sale of
or upon the expiration of the period of the
redemption allowed by law, will entitle property
the purchaser at the auction sale or the Who should
last redemptioner to possess the exercise equity of
property. redemption?
rd
 Unless, a 3 person is actually holding 2. One
the same adversely to the judgment having
obligor. privity in
 Then, it allows the purchaser or last title or one
redemptioner to secure a writ of who is a
execution, upon motion, at the court successor
which ordered the foreclosure and it will in interest.
bar the exercise of equity of redemption. What is the
redemption price?
Like we said 90-120 days from entry of 3. The
judgment, yung determination of the obligation judgment
and it can actually be extended yung equity of debt.
redemption, until the confirmation of the sale.
So, until wala pang confirmation of sale, pwede How do you dispose of the sale proceeds?
ka pang mag-exercise ng equity of redemption.  You pay it to the creditor. If there is a
Depende nay an kung i-allow ka ng court. balance or a residue pay off the
mortgage debt due.
But, if there is already a confirmation of sale, no
more, it will already bar the exercise of equity of If there is no other encumbrancer or any other
redemption. balance or residue, you pay it to the mortgagor
or his duly authorized agent.
So, the order of confirmation is a final order
and not merely interlocutory, so you can Can you apply this mode of disposing of sale
appeal that. The writ of possession may be proceeds to extrajudicial foreclosure?
issued after that.  In Suico vs PNB the answer is yes.
 But you check Munzon vs Perez, if this
To confirm the sale, like I said there must be a also applies.
motion and it must be heard. There must be a
notice and hearing. Now, if debts are not all due, then the portion
may sold, only the portion of the property may
The motion and the notice and hearing is be sold to pay the debts due and the sale shall
required for the validity of order of confirmation. terminate and afterwards as often as the
You distinguish equity of redemption against remaining debts fall due, you can sell portions.
right of redemption.
If there is deficiency judgment, you can also
EQUITY OF RIGHT OF apply for a deficiency judgment. How do you
REDEMPTION REDEMPTION do that?
1. It refers to 1. Available  You file a motion.
90-120 when the
days auction sale is The deficiency judgment cannot be rendered:
within made under 1. against the non-resident defendant or
which to Rule 39 2. against the owner who is not a
pay the Execution also mortgagor
judgment when the sale
debt and it is under So it has to be against the debtor himself.
can still be extrajudicial
extended foreclosure.

Page | 34
If the debtor dies, then you file the deficiency

judgment against the estate of the deceased The second stage will
debtor. terminate upon the
confirmation of the
After that, you do the registration. sale. This is a final
order which you can
What do you register? appeal.
 The order confirming the sale.
If there is a redemption, then you also register
the redemption.
GR: Redemption is generally not applicable

RULE 69
under Rule 68. PARTITION
EXCEPT: In case of foreclosure in favor of a What is partition?
bank, quasi-bank or a trust entity.  As the term implies, you divide the
property among co-owners, in
So there is a redemption of 1 year for individual proportion to their respective interest to
mortgagors after the sale of real estate, that is the property.
under the General Banking Act law.  Again this involves 2 stages.
So, generally none, but if it is a bank that KINDS OF PARTITION

forecloses then there is a right of redemption 1. Judicial
granted by law. 2. Extrajudicial
JUDICIAL FORECLOSURE vs Judicial-governed by Rule 69

EXTRAJUDICIAL FORECLOSURE Extrajudicial-governed by the agreement of the
JUDICIAL EXTRAJUDICIAL parties
FORECLOSURE FORECLOSURE
1. 2 stages is Your complaint must allege:
involved 1. Plaintiff‟s right to compel partition
- One, 2. Nature and extent of plaintiff‟s title
terminates 3. Adequate description of the real estate
upon the
determination You must implead all co-owners as
of the debt, indispensable parties and all persons interested
meaning to in the property as defendants.
say when you
are required to When should you file it?
exercise your  It can be filed anytime.
equity of
redemption. GR: The right to demand partition is
- You can imprescriptible.
appeal that.
You disagree What is the exception?
with finding 
you can  If the co-owner asserts adverse title to
appeal that. the property.
Or, if not, the court will In which case, the period of prescription begins
order the sale of to run from such period of assertion of adverse
property, actually title.
pwede na namang
iproceed na naman ng For as long as the co-owner recognizes the co-
court into the sale of ownership, prescription will not commence to
the property. run.

Page | 35
But the moment one appropriates for himself the Because that is required in a judgment for
entire co-owned property and asserts adverse partition, the metes and bounds. So you have to
title thereto then prescription commences to run. put there the technical description.
Who may intervene? The judgment shall also contain the fact of
 Creditors may intervene. payment and assignment of real estate to the
party making the payment.
They can object to the partition entered into
without their concurrence. They can only impugn So for instance during the determination or the
the partition if they allege fraud or they can proceeding before the Commissioner they found
prove fraud. out na hindi pwedeng idivide ang property
otherwise, magsusuffer ang value, the parties‟
Principal issues that must be addressed: rights will be prejudiced, lalo silang
1. WON there is co-ownership and if the magkakagulo, so the best option would be
plaintiff is the co-owner of the property iassign sa isang party, ire-imburse na lang niya
2. How to divide the property ang iba, kung ano angf value.
These are the principal issues for stage 1. Ano ang value ng property, trabaho pa rin yan
ng Commisioner, na dapat ire-imburse ng
In stage 1, you determine the issue of co- kumuha ng property na buo.
ownership and the propriety of partition.
Instead of dividing the property , so 3 sila a,b
If the parties agree to partition based on the and c , kay A napunta, bayaran niya na lang B
judgment of the court as to their sharing, then and C. The Commissioners shall determine the
well and good tapos ang kaso. amount to be reimbursed to B and C.
If they do not agree to the partition, then we That can be included in the judgment.
proceed to stage 2.
Pag hindi pa rin pwede, pag ayaw ni A na sa
It addresses the issue on how do you partition kanya mapupunta ang property, ayaw din ni B
the property, because there are those na ayaw and ayaw din ni C, so ibenta na lang nila.
nila sa likod sila, na gusto nila sa front sila. Divide the proceeds among themselves.
Commissioner na naman.
That can be included in the judgment. You
The court will appoint a commissioner. should include the names of the purchasers and
3 yan usually. the definite description of the parcels of real
Exactly the same duties and functions with the estate sold to each purchaser.
Commissioners in expropriation cases.
They can conduct trial, they can conduct ocular There can also be accounting here. The rent
inspection, they can render report, etc. and profit of the real property , just share of each
property shall be included in the judgment.
In a partition judgment it should contain:
1. the actual partition So posibleng na aside sa Geodetic Engineer na
2. the metes and bounds kasali sa Commissioners nay an ay Accountant
3. adequate description, the particular to render computation on the rents and profits.
portion of the estate assigned to each Cost and expenses of litigation shall be
party. equitably taxed and apportioned among the
parties. Just as they apportioned the property
Most likely, ang iaapoint na Commissioner nito among themselves, the expenses of litigation
is a Geodetic Engineer, because the Gedetic shall also be divided proportionately, which
Engineer will then come up with a survey, includes.
specifying the metes and bounds of the property
to be assigne to each party. 1. Compensation of Commissioner
2. Cost of registration
Pagsubmit sa court nakalagay na dyan ang
technical decription na makukuha ng bawat isa.

Page | 36
If there is one party who refuses to pay, a writ of So you have encountered in your Property
execution can be issued against him to enforce subject accion publiciana, accion
the cost and whatever expenses na dapat reinvindicatoria, etc. So you have now, accion
niyang bayaran as his share. interdictal referring to the possessory actions
unlawful detainer and forcible entry cases.
Then, again you go through the process of
registration. The accion interdictal or Rule 70 is time
procedure. And that is why, among the other
Itong 3 nato: special civil actions, these two are governed by
1. Expropriation the Summary Rules of Procedure.
2. Foreclosure - Summary in nature because they
3. Partition involve the disturbance of the social
order which should be restored as
They have similarities in their procedure. promptly as possible.
- They have 2 stages - And these are designed to disencumber
the courts from the usual formalities of
Expropriation and partition involves ordinary actions.
Commissioners and they involve Registration at
the end of the proceedings. So the purpose here is to bring immediate relief;
to restore or to protect actual possession or the
There is a caveat on the Rule of partition that right to possession of the property involved.
will not prejudice, defeat, destroy the right or title
of any person claiming the real estate involved. Purposes:
It will not restrict or prevent persons from making - Restitution of possession
an amicable partition thereof. - Damages
- Costs
That is why, pwede ang extrajudicial Partition,
kasi pwede naman talaga silang mag-agree Forcible Entry
without going to Court. - It consists of depriving a person of
possession of land or building for a
Can personal properties be a subject of period of time not exceeding one year
partition under Rule 69? by force, intimidation, strategy, threat or
 Yes. stealth (FISTS)
Unlawful Detainer
- Unlawful withholding by a person from
RULE 70 another for not more than one year of
the possession of any land or building
FORCIBLE ENTRY AND after the expiration or termination of the
UNLAWFUL DETAINER right to hold such possession by virtue
of a contract, express or implied.
These are the common actions in the MTC. So, from the definition, you already have the
distinction of these two kinds of actions.
What is the nature of the actions?
- Both actions are possessory actions. Forcible Entry Unlawful Detainer
- They involve realty or real properties. Possession is illegal Possession is legal at
- Both are considered accion interdictal from the beginning the beginning and only
became unlawful later
Unlawful detainer is what you call detentacion, Need to establish prior Need to establish prior
while forcible entry desabucio. So these are physical possession of demand to vacate as a
considered accion interdictal as opposed to the plaintiff over the jurisdictional
accion publiciana or recovery of possession, or property requirement
accion reinvindicatoria or recovery of ownership.
So, what is the underlying philosophy for
these types of actions?

Page | 37
- It is meant to prevent breaches of the - An action for forcible entry and unlawful
peace and criminal disorder to compel detainer may be maintained only against
the party out of possession to respect one in possession at the
and resort to the law alone to obtain commencement of the action and not
what he claims as his. against one who does not in fact hold
- Meaning, you do not take the law into the land.
your own hands
- The owners of the property have no Section 1 Rule 70
authority to use force or violence to eject - The action may be filed against any
an alleged usurper who is in possession person unlawfully withholding or
of it. They must file appropriate action depriving possession or any person
in court and should not take the law into claiming under them.
their own hands.
PARTIES IN UNLAWFUL DETAINER:
Regardless of the actual condition of the title to 1. Plaintiff:
the property, the party in peaceable and quiet a. Lessor
possession of the property should not be thrown b. Vendor
out by a strong hand, violence or terror. The c. Vendee
owner who has title over the property cannot d. Or other person against whom the
take the law into his own hands to regain possession of any land or building is
possession of such property. He must go to unlawfully withheld after the
court. expiration or termination to hold
possession by virtue of any contract,
So that is the underlying reason. express or implied.
What is the legal basis? Vendor as Plaintiff:

- Article 536 of the Civil Code So, if you are the seller of a property, you can
- In no case may possession be acquired still file an action for unlawful detainer.
through force or intimidation as long as
there is a possessor who objects The vendor is authorized to institute the action
thereto. He who believes that he has an for ejectment and the right to send notices of the
action or a right to deprive another of termination of the lease agreement and to
the holding of a thing must invoke the vacate.
aid of the competent court, if the holder
should refuse to deliver the thing. The right to send notices is rooted in the right to
file the court action. (Ro Chua vs. CA (2001))
PARTIES IN FORCIBLE ENTRY:
1. Plaintiff – the one deprived of So that is the basis for the vendor‟s right to file
possession in forcible entry by means of an unlawful detainer case.
FISTS
2. Defendant – the person who unlawfully However, if the vendor enters into a Contract to
deprives another of possession of a Sell, there is a different rule that applies.
property
Case: Larano vs. Sps. Calendacion (2007)
PROBLEM: - You have to comply with the two
In 1990, an earthquake destroyed petitioner‟s requisites before the vendor in a
house constructed on a public land. Thereafter, contract to sell may bring an ejectment
Gloria Banuca leveled the area and demolished suit.
the petitioner‟s house. 8 years later, August 1, - Note: in a contract to sell, ownership of
1998, upon Banuca‟s invitation, spouses the property is not transferred unless
Valenciano started constructing their house on there is full payment of the purchase
the same area. price.
- 1. You have to establish a failure to pay
Who should be sued for forcible entry? the installment due, or comply with the
conditions of the contract to sell.
ANSWER: Spouses Valenciano.

Page | 38
- 2. You have to have a demand both to - SC took note that the deed of absolute
pay or comply, and vacate within the sale did not contain any stipulation
period specified in Section 2 of Rule 70. against the constructive delivery of the
property
The first requisite refers to the cause of action of - So in the absence of any stipulation
unlawful detainer, while the second requisite against constructive delivery of property,
refers to the jurisdictional requirement of the ownership of the property sold
demand in order for the cause of action to passes to the vendee upon the actual or
pursue. So, you have to allege the compliance constructive delivery thereof.
of these two conditions in your complaint, - Therefore, as of the time of delivery, the
otherwise, the court will not be able to acquire vendee now has the right to the material
jurisdiction over the case. possession of the property and can then
sue as a plaintiff in an unlawful detainer
Vendee as Plaintiff: case against the vendor.
Legal basis: Javellosa vs. CA; Apostol vs. CA - [Facts: After the sale, vendor asked
vendee to allow him (vendor) to stay in
A purchaser who has consolidated title may file the property. And the time came when
an ejectment case or writ of possession even if the vendor already refused to leave the
there is a pending action for annulment of property or the vendee had difficulty
mortgage or forclosure. making the vendor leave]
Vendee vs. Vendor Oronce vs. CA

Legal Basis: Boy vs. CA (2004); Art. 1477 NCC; - This pertains to a deed of sale with
Art. 1498 NCC assumption of mortgage.
- However, it was found not to be a deed
Article 1477: The ownership of the thing sold of sale but an equitable mortgage.
shall be transferred to the vendee upon the - So, if you are the vendee, you cannot
actual or constructive delivery thereof. sue.
- Because in an equitable mortgage, the
Article 1498: When the sale is made through a mortgagor or the seller here still has the
public instrument, the execution thereof shall be right of possession over the property
equivalent to the delivery of the thing which is under the principle that you cannot
the object of the contract, if from the deed the acquire the property without benefit of
contrary does not appear or cannot clearly be public sale or foreclosure, otherwise, it
inferred. is pactum commissorium.
- So in a mortgage situation, a deed of
Vendee vs. Lessee sale with assumption of mortgage which
Legal Basis: Lao vs. Lao (2005); Art. 1676 NCC turns out to be an equitable mortgage,
the vendee has no right to file an action
Article 1676: The purchaser of a piece of land for unlawful detainer because the seller
which is under a lease that is not recorded in the as a mortgagor has the right to possess
Registry of Property may terminate the lease, the property.
save when there is a stipulation to the contrary
in the contract of sale, or when the purchaser Sub-lessee as Plaintiff:
knows of the existence of the lease. - The sub-lessee can invoke no right
superior to that of the sub-lessor.
Exception: When the sale is fictitious for the - The sub-lessees can only assert rights
purpose of extinguishing the lease. of possession as could have been
- If the purpose of the sale is to terminate granted them by their sub-lessor.
the lease, that cannot be.
- The sale is presumed fictitious if it is not PARTIES IN UNLAWFUL DETAINER cont’d.:
registered at the time of the demand to 2. Defendant:
terminate the lease. a. Persons unlawfully withholding or
depriving possession; or
Boy vs. CA(2004) b. Any persons claiming under them;

Page | 39
c. One who is in legal possession of a One year period should be counted from the one
leased lot such as one who is acting year period from demand to vacate was made
in behalf of a sub-lessee; upon learning of such dispossession.
Lao vs Lao [Comment from Ma‟am: This case is kind of

- The defendant here impleaded was the weird because this involves forcible entry. Why
son of the lessee in his capacity as would you make a demand? There is really no
manager of the lessee. need, right? Only in unlawful detainer cases is
- So the real party defendant is the demand to vacate jurisdictional. But in this
lessee, as the son‟s possession of the case, the SC said that since the plaintiff made a
leased premises was on behalf of the demand, the one year period should be
lessee (mother) and not in his own right reckoned from the date of demand. Perhaps the
independently of his mother. demand there was proof of the discovery of the
stealth.]
When do you file the action?
- Anytime within one year after unlawful One-year period in Unlawful Detainer:
deprivation or withholding of - In unlawful detainer cases, the one-year
possession. period should be counted from the
demand to vacate.
Barnachea vs. CA (2008) - Why?
- SC held that the one year period to file - Because only when you demand to
ejectment proceeding is in the nature of vacate will the possession become
a prescriptive period as well as a unlawful.
jurisdictional requirement. - The one-year period will be interrupted
by the Barangay Conciliation as held in
It is considered as a prescriptive period because Quiveda vs. CA.
you have to determine the one year period in
accordance with Article 1155 NCC. So, when you file it in the barangay, then
automatically, the running of the prescriptive
Article 1155: The prescription of actions is period will be tolled.
interrupted when they are filed before the court,
when there is a written extrajudicial demand by Where should you file it?
the creditors, and when there is any written a. MTC
acknowledgment of the debt by the debtor. b. MCTC
c. MTCC
So if there is already an action, or a prior case
filed, the prescriptive period is tolled. Exception: Those pertaining to agricultural
tenancy, you should file it with the DARAB; and
One-year period in Forcible Entry: involving rights and obligations in a sale of real
- The one-year period is counted from estate under PD 957, you file it with the HLURB.
date of entry or taking of possession by
FISTS. Supposing the answer states, as an
- BUT in cases of STEALTH, the one- affirmative defense, the lack of jurisdiction,
year period is counted from the time of what should the court do?
discovery. - The mere allegation of lack of
jurisdiction does not automatically oust
PROBLEM (continued from previous the court of jurisdiction.
problem): - There has to be a determination by the
In 1990, following an earthquake, Banuca court whether or not it has jurisdiction
leveled the area and demolished the house. 8 over the case. To do so, preliminary
years later, spouses Valenciano entered. conference should be conducted in
Spouses Valenciano was sued in 1998. Was order to receive evidence for purposes
the complaint timely filed? of determining jurisdiction.
ANSWER: NO. Now, you have to remember that the jurisdiction

of the MTC is not determined by the value of the

Page | 40
property in unlawful detainer cases. So, the So, in a forcible entry case, the issue of
property could be worth millions, still, you file it ownership is immaterial because the only
with the MTC. Why? Because it is the nature of material issue to be resolved is who has prior
the action that determines jurisdiction. And it is possession.
not affected by the amount of damages or
unpaid rentals. So, if issue of prior possession hinges on that of
ownership, the inferior court may resolve the
The peculiarity of the jurisdiction of the MTC is latter and make a declaration as to who among
that it is only limited to the issue of possession. the contending parties is the real owner.
The issue of ownership, if included, is only - So, if for instance, you cannot resolve
incidental to the resolution of the issue of the issue of who has prior possession,
possession. (See: Section 16, Rule 70) well, in that case, the issue of ownership
may be touched upon to determine who
So, even if the answer raises as a defense has prior possession.
ownership, that issue of ownership will only be
touched upon by the court insofar as it will rule What are the jurisdictional requirements that
upon the issue of possession. And whatever must be alleged in the complaint?
ruling the court may have made on the issue of a. Forcible entry
ownership will only be provisional in nature and - Prior physical possession
cannot be conclusive. - Deprivation of prior physical possession
by FISTS
So, the issue ownership may be tackled in a - Action was filed within one year
separate case without being violative of the rule
against forum shopping or without being barred What are the instances of prior physical
by res judicata. possession?
What are the basic rules for the court to Dela Rosa vs. Carlos
entertain the issue of ownership? - SC said that there is prior physical
- That is answered in the case of Refugia possession if you visit the property if you
vs. CA (1996) visit the property on weekends and
holidays; and you show your actual or
Refugia vs. CA (1996) physical possession
- The principal issue must be that of
possession Arbizo vs. Santillan (2008)
- The issue of ownership is merely - When you fence the area immediately
ancillary or incidental after you purchase it that is considered
- The complaint must sufficiently allege prior possession.
that what is primarily sought is - Such that after you fenced the property,
restoration of possession and not and later on you find informal settlers
recovery of ownership inside your property, you can file an
- The inferior court cannot adjudicate on action for forcible entry.
the nature of ownership where the
relationship of lessor and lessee has PROBLEM:
been sufficiently established in the Petitioners own a vacant residential lot located
ejectment case. in Ecoland, Davao City. They wanted to
- In forcible entry cases, the party who construct a house which they began in June
can prove prior possession can recover 1995. But when they inspected a land, they
such possession even against the discovered a shanty belonging to private
owner. respondents. They issued a demand to vacate
but the respondents did not vacate. So
So, if there is lessor-lessee relationship, there is petitioners filed a forcible entry case in 1996 on
no need to determine the issue of ownership the ground of stealth and strategy. Will the
precisely because the ownership of the lessor is action prosper?
conclusively presumed under the law.
ANSWER: NO.

Page | 41
- The petitioners cannot establish prior In September 1997, Benguet Corp. discovered
physical possession. that representatives of the Cordillera Caraballo
- The respondents were the first ones to Mission Inc. bulldozed and leveled the grounds
occupy or possess the property within its Pilo Mineral Claim in preparation for
- There was no allegation that petitioners construction of a school.
had prior possession.
- So, you look at the other elements of the Despite the demands to cease, CCMI continued
action, like the element of prior physical with the activities. Petitioner filed a forcible entry
possession. case. Will the action prosper?
- The proper action in this case,
according to the SC, is accion ANSWER: NO.
publiciana. - Nothing in the complaint before the MTC
would show how entry was effected nor
How do you determine FORCE? how dispossession took place.
- The complaint merely stated that the
Bañes vs. Lutheran Church caretaker noticed an ongoing bulldozing
- There is force when there are guards and leveling of the area.
present to restrict the mobility of the - The allegations that these activities
occupants. were illegal and that the respondents‟
- That already constitutes force. entry were unlawful were not statements
of bare facts but conclusions of law.
Other examples: - The complaint should have specified
- If you put padlocks what made the activities illegal and the
- The act of going to the property and entry unlawful.
excluding the lawful possessors or - Without these ultimate facts, the MTC
occupants therefrom by erecting a did not acquire jurisdiction.
structure
So, you cannot just conclude. It is necessary
David vs. Cordova that the complaint specifically allege the facts
- The SC said if a trespasser enters upon constituting your cause of action.
land in open daylight under the very
eyes of the person already clothed with So, it is really difficult. And how your case will
lawful possession but without the be decided will wholly depend on what you
consent of the latter, and there plants allege in your complaint. So you have to be very
himself and excludes such prior careful and you have to know the elements in
possessor from the property, the action order to know what facts to allege.
of forcible entry and detainer can
unquestionably be maintained, even What are the jurisdictional requirements that
though no force is issued by the must be alleged in the complaint (cont’d)?
trespasser other than as is necessary b. Unlawful detainer
implied from the mere acts of plating - Prior demand to vacate
himself and excluding the other party. - One-year period
So, it is not necessary that there be violence or Unlawful withholding from plaintiff‟s possession
commotion. The mere act of entering the of property after the expiration or termination of
property, building your own shanty excluding the the former‟s right. (See: Section 2, Rule 70)
possessor of the property that is already
included in the term “force” as contemplated in So, your demand to vacate:
law. a. 5 days – buildings
b. 15 days – lands
PROBLEM:
Benguet Corporation owns a mineral claim According to Lanuza vs. Muñoz (2004), Section
covering several hectares of land in Itogon, 2 Rule 70 applies where there is a lessor-lessee
Benguet. So, they planted pine tress in relationship.
compliance with the DENR, and built roads,
buildings and security gates covering the area.

Page | 42
So the requirement of the demand to vacate is So, possession by tolerance is lawful. That is
only applicable in a lessor-lessee relationship. why it is included in the definition of unlawful
Such that, the demand must consist payment of detainer because the possession is legal or
rentals or compliance with the conditions of the lawful from the beginning. It only becomes
lease and to vacate. unlawful when the occupant refuses to vacate
after the demand to vacate.
What are the other situations that require
demand to vacate? How is demand to vacate valid?
1. Contract to sell (earlier discussed) - It must be actual and definite.
2. Possession by tolerance - And must be served prior to the filing of
the action.
What do you mean by tolerance?
- Tolerance, based on jurisprudence can If the demand only requires payment or
arise out of two possible situations: compliance with the conditions of the contract,
1. When there is an existing lessor- that is NOT the demand required. There must
lessee relationship and there is a be demand to vacate. The demand to pay or
violation of the lease but the lessor demand to comply is only preparatory for a case
does not take any action. of specific performance but not to an unlawful
2. When there is no existing detainer case.
contractual relationship; when the
owners tolerate the possession of The demand letter will state for instance:
others who unlawfully entered their “If you do not pay within the period of 3 days
property. from receipt, we will forward this matter to our
legal counsel for proper action thereof.”
So, in Dela Cruz vs. CA (2006), it has been held - There is NO valid demand in this case.
that a person who occupies the land of another - Because the letter is ambiguous.
at the latter‟s tolerance or permission without
any contract between them is necessarily bound “xxx failing to do so, a case for ejectment will be
by an implied promise that he will vacate upon filed against you.”
demand; failing which, a summary action for - VALID demand.
ejectment is the proper remedy against him. - Tantamount to a demand to vacate.
- Because the word “vacate” is not a
The possession becomes unlawful if the talismanic word that must be employed
occupant does not vacate after the demand to in all notices.
do so.
Alternative demand to pay or to vacate is NOT
So, acts merely tolerated are those which by the demand contemplated by law.
reason of neighborliness or familiarity, the owner
of the property allows his neighbor or another The demand to vacate must be definite.
person to do on the property, they are generally
those particular services or benefits which one‟s Can the certificate to file action cure the lack
property can give to another without material of demand to vacate (Bandoy vs. CA)?
injury or prejudice to the owner who permits - NO.
them out of friendship or courtesy. - It is not a cure to failure to send a prior
demand.
So, they are acts of little disturbances which a
person, in the interest of neighborliness or How do you reckon the one-year period from
friendly relations permits others to do on his the demand?
property. Such as passing over the land, tying a - Normally, it is from the date of demand.
horse therein, or getting some water from the
well, although this is continued for a long time, How about if there are several demands?
no right can be acquired by prescription. - If there are several demands, it will
depend on how you will allege it in your
So, there is a tacit consent in tolerance. complaint.
- If you do not disclose the previous
demand, then you are okay.

Page | 43
- But if you disclose your previous

demands, you may be out of time. What is the extent of the judgment?
- Issue of possession and not on
Example: ownership.
Complaint alleges that starting 1983 the plaintiffs
have repeatedly demanded that the respondents Judgment award
vacate the premises. The last demand was in - Restitution of the premises
July 1998. - Monthly rents or rents in arrears; or
- Reasonable compensation for the use
Obviously, this is not a case for unlawful and occupation of the property
detainer. It has been 15 years. - Attorney‟s fees
- Costs
[Ma‟am suggests that you do not allege your
previous demands so that your action cannot be So, moral damages and exemplary damages
brought down by technicality.] are not allowed. Only actual damages in the
form of rent or reasonable compensation for the
We have already discussed that ejectment use and occupation of the property are allowed.
cases are time procedures.
[Flow chart. You may refer to the flow chart MTC-RTC: How do you appeal the judgment?
provided by Group 5 on Rule 70 ] - You to the Regional Trial Court file an
ordinary appeal.
What are the pleadings allowed:
1. Complaint However, pending appeal, the judgment can
2. Answer now be executed. Judgment is immediately
3. Cross-claims executory.
4. Counterclaims
How do you stay the execution pending
This is consistent with the summary nature of appeal?
ejectment cases. 1. You perfect an appeal
2. You file a sufficient supersedeas
The affidavits should be within the personal bond approved by the court and
knowledge of the affiant. 3. Make the regular deposit to the
court.
So, if you fail to attach affidavits for as long as
the position paper is verified that will be Now, it is important that you should be able to
considered as substantial compliance (Dela post your bond and your appeal within the
Rosa vs. Carlos). reglementary period to appeal.
Can you avail of provisional remedies? RTC-CA:If you still lose on your appeal to the
- YES. RTC, you can go on certiorari, Rule 45, to the
- Preliminary injunction; or Court of Appeals.
- Mandatory injunction if you want to be
restored to your possession pending How about the execution?
litigation. - You cannot stay the same unless you
get a TRO or writ of injunction from the
Judgment Court of Appeals
- It will not only be binding against the
defendant but also against all persons QUESTION:The RTC decision on appeal
claiming under him. became final. Who should issue the writ
- Trespassers, squatters or agents of the execution, RTC or MTC?
defendant fraudulently occupying the
property. ANSWER: According to the case of Jason vs.
- It also binds transferees pendente lite, Judge Igania, it should be the court of origin
sub-lessees, members of the family or UNLESS the RTC has granted execution
relatives and other privies of the pending appeal, in which case, it would be the
defendant. RTC.

Page | 44
innocence applies. complainant.

RULE 71 So how do you determine whether it is civil
CONTEMPT or criminal?
- You check what is the relief sought.
Contempt covers proceedings arising from the - If the relief sought is purposely to
court or from those of quasi-judicial agencies punish, then that is criminal.
with no contempt powers. Then, you apply - If it is to compensate or to compel the
suppletorily the rules on contempt of quasi- performance of an act, that is remedial,
judicial agencies with contempt powers. therefore, civil in nature.
Contempt is an inherent power of the court. So, Another distinction of Kinds of Contempt:
it is used by the court to preserve its integrity. 1. Direct
Its existence is essential to the preservation of 2. Indirect
order in judicial proceedings and to the
enforcement of judgments, orders or mandates Direct Contempt:
of the courts, and to the due administration of You have there the grounds stated in the rules:
justice. - Misbehavior in the presence of the court
- Disrespect toward the court
Two-Fold Aspects: - Offensive personality
1. Proper punishment for the disrespect of - Refusal to be sworn
the court or its order
2. To compel performance of some act or The penalty:
duty required of him - RTC: Php2,000 maximum, or
imprisonment of 10 days maximum, or
Two Kinds of Contempt: both.
1. Criminal - MTC: Php200 maximum, or
2. Civil imprisonment of 1 day, or both
Criminal Contempt: Now, in direct contempt, the remedy is NOT an

It is directed against the authority and dignity of appeal. However, you can file a petition for
the court, and the purpose here is to punish – certiorari or prohibition.
meaning it is punitive in character.
How do you suspend the execution?
Civil Contempt: - You file a petition for certiorari
It arises from a failure to do something which is - And file a bond fixed by the court which
ordered to be done and it is an offense against rendered the judgment conditioned that
the party – remedial in nature. he will abide by and perform the
judgment should the petition be decided
Criminal Contempt Civil Contempt against him.
Purpose: - So this express certiorari petition and
Punitive Compensatory or you have to file a bond.
Remedial
Intent: Indirect Contempt:
Intent is a necessary Intent is immaterial - It is the misbehavior of an officer of the
element court in the performance of his official
Who initiates: duties or in his official transactions. So,
State Aggrieved party or his it is not necessarily in the presence of
successor or someone the court.
who has pecuniary - It may also be the disobedience or
interest in the right to resistance to a lawful writ or order,
be protected. judgment, including the act of a person
Presumption: who, after having been ejected in an
The defendant is No presumption ejectment case, returns to the property.
presumed is innocent. although the burden of
Presumption of proof is on the

Page | 45
- It is any abuse or unlawful interference Exception: If the publication tends to bring the
with the processes of the court not court to disrespect or scandalize the court.
constituting direct contempt. Where there is a clear and present danger that
- Improper conduct tending to directly or the administration of justice would be impeded.
indirectly impede or obstruct the
administration of justice. So, procedure is more on Indirect Contempt.
- Assuming to be an attorney or acting as
an officer of the court without such Initiated with a written charge
authority. - If the court will not order you to answer
- Failure to obey subpoena duly served. why you should not be held in contempt,
- Rescue or attempted rescue of a person it is usually through a petition by another
or property in the custody of an officer party
by virtue of an order or process of a - An order to show cause to the other
court held by him. party on why he should not be punished
for contempt.
So court may issue processes to bring - The written charge can be in a form of
defendant or hold him in the custody of the court an order if it is the court who initiates
during pendency of the proceedings. So in (motu proprio).
indirect contempt, there is due process. There - If it is a private individual, it is through a
will be an opportunity to present evidence. verified petition.
- It is also possible that the other party will
Penalties: file a motion in court asking it to ask you
- RTC: Php30,000, or imprisonment of 6 to explain why you should not be held in
months or both. contempt. If the court issues such
- MTC: Php5,000, or imprisonment of 1 order, then that is tantamount to a show
month, or both. cause order.
So, the penalty is higher in indirect contempt. If the contempt charge is related to a proceeding
already in court, then you have to allege the
Direct Contempt vs. Indirect Contempt case in which it is related. And then, it will be
Direct Indirect docketed separately. It will be heard separately
Summary in nature, no Written charge, notice BUT assigned to the same court that heard the
hearing and hearing previous case where the contempt arose. The
Penalties Penalties plus hearing will be separate UNLESS the court
Compliance of the consolidates it with the main case.
order violated or
defied. And if you still Exception: If the contempt is committed against
do not obey, you can an inferior court or a quasi-judicial agency with
be imprisoned until the no contempt powers.
order is obeyed.
Remedies: Or the Supreme Court may cause the
Certiorari and Appeal investigation of contempt by a prosecuting
prohibition officer and charged right by the RTC.
The most common ground for contempt is the Or where the same act is contempt against two
publication of the orders or decision of the court. or more courts, in which case, the contempt
(Section 3(d)). charge may be filed and heard in any of the
involved courts.
In a post-publication, the general rule is that for
as long as the criticism is fair, it is not Now, the trial court will lose jurisdiction upon the
contemptible. BUT if there is already insult perfection of the appeal.
intended, personal or scurrilous abuse of a
judge, and then you can have a ground for So, special rules governing contempt
contempt. proceedings:
- Criminal contempt is governed by the
Rules on Criminal Procedure.

Page | 46
1. Verified Petition
Take note: THERE IS NO SERVICES OF

SUMMONS in contempt proceedings. That is
why service of copy of your pleadings is
necessary.
In all other special civil actions, service of

summons is necessary. In contempt
proceedings, there is no need to serve
summons. What is important that you copy
furnish the defendant.
2. Filing of Answer
3. Hearing
4. Defendant can be arrested if he does
not appear (Remedy: Bail or may be
released if there is no prejudice to public
interest)
5. Judgment (supposing defendant
appears and there is a full-blown
hearing)
6. If there is no appeal – writ of execution
7. If there is appeal – execution will have
to await the resolution of the appeal.

Page | 47

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Lecture notes on SPECIAL CIVIL ACTIONS

Transcribed by 3Manresa Class of 2012-2013

INTRODUCTION What is the purpose of interpleader?

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

your compulsory counterclaim otherwise you are

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What is the purpose of declaratory relief? Who should be notified?

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

There are three possible court actions in REFORMATION OF

What are these defences? You heard of that.

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So supposing lumampas na ang 10 years, at QUIETING OF TITLE

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What is a cloud? What is example of this

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

When the petition is filed what will be the

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RULE 65 Student: Subject to the hierarchy of courts,

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

(extendible) judgment or order Like in the example above, walang jurisdiction

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

2. Acted without or in excess of

- In leyte times, writ of prohibition became 1. Prevent and restrain usurpation of

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Can the mayor be restrained by a writ of structure is illegal, or it should be demolished,

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

MANDAMUS 1. There is grave abuse of discretion

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

a municipal trial court or of a corporation, a

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

WHEN DO YOU FILE? relation of the relator, the Solgen can

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BACKSALARIES DIFFERENCE BETWEEN QW AND

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

How about against Ong? Matatablan ba siya ng

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2. Just compensation; and What are the uses of the deposit?

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Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Contributors: Lauban, Banzon, Nartatez, Galagar, Cadiatan, Cuaterno, Rizada

Once the sale is confirmed, what is the until the

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If the debtor dies, then you file the deficiency

GR: Redemption is generally not applicable

So, generally none, but if it is a bank that KINDS OF PARTITION

JUDICIAL FORECLOSURE vs Judicial-governed by Rule 69

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