36-41
(a) deed, (b) will, (c) contract or (d) other written instrument, (e) statute, (f) executive order or regulation, (g)
ordinance, or (h) any other governmental regulation.
42-44
45-47
The Solicitor General or a public prosecutor, when directed by the President of the Philippines, .
The Solicitor General or a public prosecutor may, with the permission of the court in which the action is to be commenced,
A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an
action therefor in his own name
48-50 To stay the immediate execution of the judgment in an ejectment case, the defendant
must perfect an appeal, file a supersedeas bond, and periodically deposit the rentals becoming
due during the pendency of the appea
51
Equity of Redemption (Rule 68)
The right of defendant mortgagor to extinguish
the mortgage and retain ownership of the
property by paying the debt within 90 to 120
days after the entry of judgment or even after
the foreclosure sale but prior to confirmation.
May be exercised even after the foreclosure
sale provided it is made before the sale is
confirmed by order of the court.
52
Direct Contempt
In general is committed in the
presence of or so near the court or
judge as to obstruct or interrupt the
proceedings before it;
Summary; motu propio
Acts constituting direct contempt are:
b) Misbehavior in the presence of or
so near the court as to obstruct or
interrupt the proceedings before it;
c) Disrespect toward the court;
d) Offensive personalities towards
others;
e) Refusal to be sworn as a witness
or to answer as a witness;
f) Refusal to subscribe an affidavit
or deposition when lawfully
required to do so (Sec. 1);
g) Acts of a party or a counsel which
LMERP.BRABANTE*REMEDIALLAWR
constitute willful and deliberate
forum shopping (Sec. 1, Rule 7);
h) Unfounded accusations or
allegations or words in a pleading
tending to embarrass the court or
to bring it into disrepute (Re:
Letter dated 21 Feb. 2005 of Atty.
Noel Sorreda, 464 SCRA 32);
Right of Redemption (Rule 39, Sec. 29-31)
A right granted to a debtor mortgagor, his
successor in interest or any judicial creditor
or judgment creditor or any person having a
lien on the property subsequent to the
mortgage or deed of trust under which the
property is sold to repurchase the property
within one year even after the confirmation of
the sale and even after the registration of the
certificate of foreclosure sale.
There is no right of redemption in a judicial
foreclosure of mortgage under Rule 68. This
right of redemption exists only in extrajudicial
foreclosures where there is always a right of
redemption within one year from the date of
sale (Sec. 3, Act 3135), but interpreted by the
Court to mean one year from the registration
of the sale.
Indirect Contempt
It is not committed in the presence of the court, but
done at a distance which tends to belittle, degrade,
obstruct or embarrass the court and justice;
Adversarial; with a written charge
Acts constituting indirect contempt are:
(a) Misbehavior of an officer of a court in the
performance of his official duties or in his official
transactions;
(b) Disobedience of or resistance to a lawful writ,
process, order, or judgment of a court, including the
act of a person who, after being dispossessed or
ejected from any real property by the judgment or
process of any court of competent jurisdiction, enters
or attempts or induces another to enter into or upon
such real property, for the purpose of executing acts
of ownership or possession, or in any manner
disturbs the possession given to the person
E V I E W E R 2 0 1 6 Page 220
adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
(d) Any improper conduct tending, directly or indirectly,
to impede, obstruct, or degrade the administration of
justice;
(e) Assuming to be an attorney or an officer of a court,
and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or
property in the custody of an officer by virtue of an
order or process of a court held by him (Sec. 3);
53
Certiorari as a Mode of Appeal
(Rule 45)
Called Petition for Review on Certiorari, is a
mode of appeal, which is but a continuation of
the appellate process over the original case;
Seeks to review final judgments or final orders;
Raises only questions of law;
Filed within 15 days from notice of judgment or
final order appealed from, or of the denial of
petitioner‘s motion for reconsideration or new
trial;
Extension of 30 days may be granted for
D I A L L A W R E V I E W E R 2 0 1 6 Page 195
justifiable reasons
Does not require a prior motion for
reconsideration;
Stays the judgment appealed from;
Parties are the original parties with the
appealing party as the petitioner and the
adverse party as the respondent without
impleading the lower court or its judge;
Filed only with the Supreme Court
SC may deny the decision motu propio on the
ground that the appeal is (1) without merit, or
is (2) prosecuted manifestly for delay, or that
(3) the questions raised therein are too
unsubstantial to require consideration
Certiorari as a Special Civil Action
(Rule 65)
A special civil action that is an original action
and not a mode of appeal, not a part of the
appellate process but an independent action.
May be directed against an interlocutory order
of the court or where no appeal or plain or
speedy remedy available in the ordinary
course of law
Raises questions of jurisdiction because a
tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without
jurisdiction or in excess of jurisdiction or with
grave abuse of discretion amounting to lack of
jurisdiction;
Filed not later than 60 days from notice of
judgment, order or resolution sought to be
assailed and in case a motion for
reconsideration or new trial is timely filed,
whether such motion is required or not, the 60
day period is counted from notice of denial of
said motion;
Extension no longer allowed;
Motion for Reconsideration is a condition
precedent, subject to exceptions
Does not stay the judgment or order subject of
the petition unless enjoined or restrained;
The tribunal, board, officer exercising judicial
or quasi-judicial functions is impleaded as
respondent
May be filed with the Supreme Court, Court of
Appeals, Sandiganbayan, or Regional Trial
Court

54 The actions for forcible entry and unlawful detainer belong to the class of actions known
by the generic name accion interdictal (ejectment) where the issue is the right of
physical or material possession of the subject real property independent of any claim of
ownership by the parties involved (Mendoza vs. CA, 452 SCRA 117 [2005]).
(2) Accion Interdictal comprises two distinct causes of action:
(a) Forcible entry (detentacion), where one is deprived of physical possession of real property by means of force,
intimidation, strategy, threats or stealth
(b) Unlawful Detainer (desahuico), where one illegally withholds possession after the
expiration or termination of his right to hold possession under any contract, express or implied

(3) To justify an action for unlawful detainer, it is essential that the plaintiff‘s supposed acts of tolerance must have
been present right from the start of the possession which is later sought to be recovered. Otherwise, if the possession
was unlawful from the start, an action for unlawful detainer would be an improper remedy. In the instant case, the
allegations in the complaint do not contain any averment of fact that would substantiate petitioners‘ claim that they
permitted or tolerated the occupation of the property by respondents. The complaint contains only bare allegations that
"respondents without any color of title whatsoever occupies the land in question by building their house in the said land
thereby depriving petitioners the possession thereof." Nothing has been said on how respondents‘ entry was effected
or how and when dispossession started.