Beruflich Dokumente
Kultur Dokumente
Interpleader is a special civil remedy where a person who has Under the present rule, the remedy is available
property in his possession or an obligation to perform, either regardless of the nature of the subject matter,
To protect a person not against double
wholly or partially, but who claims no interest in the subject, in which may either be real or personal property
liability but against double vexation in
INTERPLEADER whole or in part, is not disputed by the others, goes to court and
respect of one’s liability
asks that conflicting claimants to the property or obligation be The conflicting claimants to compel them to
required to litigate among themselves in order to determine interplead and litigate their several claims
finally who is entitled to the same among themselves.
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Foreclosure of Mortgage is a proceedings in a court of justice
conducted according to legal forms by which the mortgagee or his
JUDICIAL
successors or one who has by law succeeded to the rights and Subject Matter: Real estate mortgage
FORECLOSURE OF To satisfy mortgagor’s debt to the
liabilities of the mortgagee undertakes to dispose of, to ban, to cut- Relief sought: Satisfaction of Mortgagor’s debt by
REAL ESTATE mortgagee
off the legal and equitable claims of lien holders or of the applying the proceeds of the foreclosure sale
MORTGAGE
mortgagors or those who have succeeded to the rights and
liabilities of the mortgagor.
Real property owned in common is subject to
Partition is the process of dividing and assigning the property
To partition the property owned in partition. Personal property and estates
PARTITION owned in common among the various co-owners thereof in
common among the parties in interest comprising of personal and real properties may
proportion to their respective interests in said property
also be the subject of partition.
In forcible entry, one is deprived of physical possession of any
land or building by means of force, intimidation, threat, strategy,
Lands or Buildings may be the subject matter
FORCIBLE ENTRY or stealth. Summary action for recovery of physical
RELIEF: (1) Restitution of such possession; (2)
AND UNLAWFUL possession where the dispossession has
Together with damages and costs
DETAINER In unlawful detainer, one unlawfully withholds possession thereof not lasted for more than 1 year
after the expiration or termination of his right to hold possession
under any contract, express or implied
Used as a means to protect and preserve
Contempt of Court is disobedience to the court by acting in
the dignity of the court, the solemnity of
opposition to its authority, justice, and dignity. It signifies not only
the proceedings, and administration of Contumacious conduct.
a willful disregard of disobedience to the court’s orders but also
CONTEMPT justice Dependent on the nature of the contempt
conduct tending to bring the authority of the court and
Protection from callous misbehavior, proceedings
administration of law into disrepute, or, in some manner, to
offensive personalities, contumacious
impede the due administration of justice.
refusal to comply with court orders
JURISDICTION VENUE
Personal Property:
1. MTC – if value not more than P300,000 outside Metro Manila, or not Rule 4 applies
more than P400,000 in Metro Manila (Sec. 33, BP129)
2. RTC – value exceeds P300,000 outside Metro Manila, or P400,000 in If the action affects title to or possession of real property
Metro Manila, or if incapable of pecuniary estimation (Sec. 19, BP129) Venue is where the real property involved or a portion thereof is situated
INTERPLEADER
Real Property All other actions—At the election of the plaintiff
1. MTC – assessed value not more than P20,000 outside Metro Manila or 1. Where plaintiff or any of the principal plaintiffs reside; or
not more than P50,000 in Metro Manila (Sec. 33, BP 129) 2. Where defendant or any of the principal defendants resides; or
2. RTC – value exceeds P20,000 if outside Metro Manila, or P50,000 if in 3. In case of an non-resident, where he may be found
Metro Manila, or incapable of pecuniary estimation (Sec. 19, BP129)
Rule 4 applies
GENERAL RULE: In the appropriate RTC If the action affects title to or possession of real property
Venue is where the real property involved or a portion thereof is situated
DECLARATORY
EXCEPTION: Where the action is for reconveyance, cancellation or quieting of
RELIEF
title to real property, jurisdiction will depend on the assessed value of the All other actions—At the election of the plaintiff
property 1. Where plaintiff or any of the principal plaintiffs reside; or
2. Where defendant or any of the principal defendants resides; or
3. In case of an non-resident, where he may be found
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