GUIDE QUESTIONS ON RULE 57 (PRELIMINARY ATTACHMENT)

1) What is the principal action?

2) What are the objectives?

3) What is the jurisdiction? What are the XCPs, if any?

4) What is the venue?

5) When to file an application for issuance of a writ of preliminary attachment?

6) Why not apply when the judgment has already been rendered?

7) Once a property has been replevined, can it be attached?

8) What are the 2 basic requirements of a writ of preliminary attachment?***

9) What are the 4 requirements of a writ of preliminary attachment?***

10) What are the 6 grounds? ***

11) Who are the who may be served summon through publication?***

12) What are the 3 stages in the writ of preliminary attachment? ***

13) In what stages where the court needs to acquire jurisdiction over the person of

the defendant?

14) What are the 3 ways to lift the writ of preliminary attachment? ***

15) If you avail Sec. 12, can you still avail Sec. 13?

16) Can you attach the property belonging to the estate?

17) Can a third-party deal with a property that has been attached? Suppose it was

mortgaged with a bank after it has been attached, is it possible?

18) What is the timeframe for the claim of damages?

19) What kind of damages are not allowed to be claimed? Why are they not allowed?

20) How about a third-party, which you find in Sec. 14 of Rule 57?

21) What are the doctrines in the following cases:

a) Mangila vs CA

b) Chuidian vs SB

c) Alejandro ng Wee vs Tankiansee

d) Torres vs Satsatin
GUIDE QUESTIONS ON RULE 58 (PRELIMINARY INJUNCTION)

1) What is the principal action?

2) What are the objectives?

3) What is the jurisdiction? What are the XCPs, if any?

4) What is the venue?

5) When to file an application for issuance of a writ of preliminary injunction?

6) What are the 2 kinds of preliminary injunction?

7) What are the requirements for the issuance of a writ of preliminary injunction?

8) What is the remedy if the house was already constructed?

9) As a GR, is notice and hearing mandatory in Writ of PI? What is the XCP?

10) Can you get injunctive relief ex parte?

11) If you apply in a multi-sala court, how many notices are there and what are those?

12) In relation to the preceding item, what if you failed to attend in the requirement

of the first notice?

13) What is the period of effectivity or validity of the preliminary injunction?

14) What are the 2 kinds of TRO?

15) Why 72 hours?

16) Distinguish a first and second class if TRO in the relation to the date of effectivity.

17) What is the Maximum Validity of TRO issued by (i) RTC; (ii) CA or SB; (iii)SC

18) If the first class of TRO is extended, what is the maximum days can it be extended

up to?

19) Can a TRO be granted ex parte?

20) May the court call for the hearing prior to the issuance of a TRO?
21) Is the conduct of hearing by an executive judge a ministerial or a discretionary

action?

22) What is a status quo?

23) How do you discharge a Writ of PI?

24) When the preliminary injunction becomes permanent, what does it mean to your

principal action?

25) If you won in the principal action of injunction, does that mean that you also won

the TRO? Why?

26) What are the doctrines of the following cases:

a) Idolor vs CA

b) Gustilo vs Real

c) Lagrosas vs Bristol-Myers

d) Jenosa vs Delariarte

e) Solid Builders vs China Banking Corp.

f) Plaza vs Lustiva
GUIDE QUESTIONS ON RULE 59 (RECEIVERSHIP)

1) What is the principal action?

2) What are the objectives?

3) What is the jurisdiction? What are the XCPs, if any?

4) What is the venue?

5) When to file an application for issuance of a writ of preliminary injunction?

6) What are the grounds for the appointment of a receiver?

7) What are the 3 purposes of an appointment of a receiver?

8) Who may be appointed as a receiver?

9) What is the amount of the bond?

10) What are the duties and responsibilities of a receiver?

11) The funds in the hands of receiver, can they be invested? If yes, what is/are the

requirement/s?

12) Can an action be filed against by or against the receiver? If yes, what is the

requirement?

13) A receiver is NOT a party in interest, so why can he sue and be sued?

14) What is the remedy of a receiver if the adverse party failed to deliver the property

under litigation to him?

15) What are the two types of bond?

16) What are the doctrines in the following cases:

a) Koruga vs Arsenas

b) Larrobis vs PVB

c) Chavez vs CA

17) When is receivership terminated?

GUIDE QUESTIONS ON RULE 60 (REPLEVIN)

1) What is the principal action?

2) What are the objectives?

3) What is the jurisdiction? What are the XCPs, if any?

4) What is the venue?

5) When to file an application for issuance of a writ of replevin?

6) What are the grounds for the appointment of a receiver?

7) What is possession?

8) Distinguish Preliminary Attachment from Replevin.

9) Can you attach a property which is already replevined?

10) Can you replevin a property already attached?

11) Can you attach a property already attached?

12) What are the requisites of an appointment of a receiver?

13) If a writ was issued in Manila and the property is in Mindanao, can the sheriff still

recover the property?

14) A sold a lot to B, then B caused the titling of the property fraudulently in his favor

can A ask for recovery of the property being entitled to the recovery of the

property?

15) What is the amount of the bond?

16) What is the bond being referred to here, cash deposit or surety?

17) If the car is P1 million the premium is only 200K if the premium is 10%, how much

premium should you pay in relation to the surety (bond)?

18) Why twice the value of the property?

19) Upon recovery of the property, is the sheriff required to deliver the property right

away to the applicant?

20) Is the 5-day period mandatory?

21) What are the 2 purposes of the 5-day period?

22) If the bond is insufficient, what must the court do?

23) when the order comes out and there is still no satisfaction of the insufficiency of

the bond, what should be done with the property?

24) What is in the Rules is merely a bond, But the correct term should be ?

25) What if there is a third-party claim, what should the sheriff do?***

26) What is the remedy of the applicant of the there is a third-party claimant? ***

27) How to discharge a writ of replevin? ***

28) What is the doctrine in the following cases:

a) Orosa vs CA

b) Hao vs Andres

c) Navarro vs Escubido

d) Smart Communication vs Astorga

e) Agner vs BPI Family Savings

f) BPI case
GUIDE QUESTIONS ON RULE 61 (SUPPORT PENDENTE LITE)

1) What is the principal action?

2) What are the objectives?

3) What is the jurisdiction? What are the XCPs, AND XCP to the XCP, if any?

4) What is the venue?

5) Is hearing mandatory?

6) What is the action of the court upon filing of SPL?

7) What are the 5 unique characteristics of an action for SPL?***

8) What are the 2 criteria in the grant of support? ***

9) Can future support be the subject of a compromise?

10) What are the doctrines in the following cases:

a) People vs Manahan

b) De Asis vs CA

c) Lim vs Lim

d) Lim-Lua vs Lim

e) Del Soccoro vs Van Wilsem

f) Gotardo vs Buling
GUIDE QUESTIONS ON RULE 62 (INTERPLEADER)

1) Distinguish Interpleader from Intervention (Rule 19). [4 distinctions]

2) What is the subject matter?

3) What is the Jurisdiction? What is the XCP, if any?

4) What is the purpose of the judgment?

5) Is payment of docket fee still required?

6) Who should pay the docket fees?

7) Can an action for interpleader be dismissed on the ground of failure to pay docket

fee?

8) A found a wallet and there are 3 claimants, what should A do? Which court has

jurisdiction?

9) A bank account is being claimed by 3 persons. A as the widow. B claims the account

was donated to him. C is the paramour. Which court has jurisdiction?

10) After an action for interpleader is filed, what happens next?

11) What is the remedy for the judgment of interpleader?

12) What if the action is for the performance of an act, can you ask for its deposit?

13) Can there be a compulsory intervention?

14) What is the alternative remedy for interpleader?

15) Can NLRC take cognizance with the recovery of personal property in connection

with illegal dismissal case?

16) What are the doctrines in the following cases:

a) Eternal Gardens vs IAC

b) Wack Wack Golf and Country Club case

c) BOC vs Planters DB
d) Pasricha vs Don Luis Realty
GUIDE QUESTIONS ON RULE 63 (DECLARATORY RELIEF & SIMILAR REMEDIES)

1) State Sec. 1 [which should be memorized]***

2) What are the 2 parts of Rule 63?

3) What are those being referred to in the Second Part of Rule 63?

4) What is the Jurisdiction?

5) What is the Venue?

6) What to file?

7) When to file?

8) What are the 6 requirements of Declaratory Relief?***

9) If there is already a violation of the contract or statute, is declaratory relief still

available?

10) Suppose you’ve already filed an action before breach, then pending action there is

already breach, then what happens?

11) How do you convert the action?

12) A regulation of a school was issued stating that by the school year 2018-2019
starting June tuition fees shall be raised by 120%. There was already a circular to
that effect. Declaratory relief was filed, pending action 2018 came. The increase
was already collected from the students so you convert your action for declaratory
relief to what kind of action?

13) You have read the prayer assailing the Constitutionality of the law, how to

distinguish it?

14) Ordinance was passed prohibiting smoking starting Jan 2018, what to file?

15) Is the court bound to make a judgment in an action of declaratory relief?

16) When is it (court) not bound to make judgment?

17) When to use Declaratory Relief or Constitutionality of the Law?

18) What is the doctrine the following cases:

a) Malana vs Tappa

b) Almeda vs Bathala

c) Republic vs Orbecido

d) Sabitsana vs Meurtegui

e) Chavez vs JBC

f) Republic vs Roque

g) In relation to Southern Hemisphere case

GUIDE QUESTIONS ON RULE 64 (RELIEF FROM JUDGMENTS, FINAL ORDER AND
RESOLUTION OF COA AND COMELEC)

1) What is the Subject Matter of Rule 64?

2) What is the Jurisdiction?

3) Aside from the 2 bodies mentioned in the Title of the Rule, what are the other

bodies?

4) Distinguish Rule 64 from Rule 65. [3 aspects]

5) What is the doctrine in the case of:

a) Alliance for Nationalism and Democracy vs COMELEC

GUIDE QUESTIONS ON RULE 65 (CPM)

1) Distinguish Rule 45 from Rule 65. [4 issues]

2) What is the Jurisdiction?

3) When does the court acquire jurisdiction over the person?

4) What are the 6 issues in Rule 65?

5) Can you file certiorari without acquiring jurisdiction over the person?

6) Can you file certiorari without jurisdiction over the issue?

7) What is GADALEJ?

8) What if RTC Judge Rendered judgment of P250k in a collection suit, is certiorari

proper?

9) Since issuance of a writ of execution is ministerial function and mandamus is

allowed, then why is there a motion for writ of execution?

10) Distinguish Prohibition from Injunction. ***

11) When you file any of the CPM the court will not issue summons. How does the
court acquire jurisdiction over the persons of the respondents since no issuance of
summons?

12) What is the remedy order of judgment of CPM?

13) In a petition for CPM, who is considered as nominal party?

14) Who is the principal respondent?

15) Do you need to implead also the private respondent?

16) Say A v. B. Judgement was rendered in favor of A. B filed rule 65 due to grave abuse
of discretion. Who is the respondent?

17) What is the doctrine in the following cases:

a) Tuazon vs RD

b) Hipos vs Bay
c) Atienza case

d) UP BOR vs Ligot-Teylan

e) Ampil vs OMB

f) A.L. Ang Network Inc. vs Mondejar

g) Maglalang vs PAGCOR

h) People vs Castaneda

i) Vivas vs MB of BSP

j) Corales vs Republic

k) Tan vs CA

l) Sacnhez vs Lastimosa

m) Social Justice Society vs Atienza

n) Funa vs MECO

o) Cudia vs Superintendent of PMA

GUIDE QUESTIONS ON RULE 66 (QUO WARRANTO)

1) What is Quo Warranto?

2) What is the jurisdiction?

3) What is the Venue? What is the XCP?

4) Can there be a Quo Warranto against a private office?

5) What are the 2 types of Quo Warranto?

6) What is the issue in Quo Warranto under the OEC?

7) What is the issue in Quo Warranto under Rule 66?

8) What is the subject matter?

9) Who is the proper plaintiff?

10) As a GR, who can file for a petition for Quo Warranto? What is the XCP?

11) 4 candidates for councilor filed a quo warranto against 8 elected councilors of Manila.
The court dismissed the case. Why?

12) Who is a relator?

13) If the OSG files the case, where is the venue of Quo Warranto?

14) When to File Quo Warranto [Prescription]?

15) When to file Damages in Quo Warranto {Prescription]? In the same action?

16) What is the doctrine in the following cases:

a) Mendoza vs Alias
b) Calleja vs Panday
c) Lokin, Jr. vs Comelec
d) Aratea vs Comelec
e) De Castro vs Carlos
GUIDE QUESTIONS ON RULE 67 (EXPROPRIATION)

17) What is Expropriation?

18) What is the jurisdiction of expropriation proceedings?

19) What is the Venue?

20) What kind of property is involved?

21) What are the remedies of the owner of the property subject of expropriation?

22) State the constitutional provision on expropriation.

23) Eminent Domain is based on Regalian doctrine which provides that…?

24) Can ill-gotten wealth be subject to expropriation?

25) What is the concept of taking? [2 key points]

26) T/F. From the filing if the expropriation case, the owner already incurred damages,
hence, plaintiff has no such right to dismiss the case under Sec. Rule 17 of the ROC.

27) What is the formula for computing Just Compensation?

28) Define FMV.

29) What are the Requirements when immediate entry is allowed in Expropriation:
a) In Expropriation Proceedings under Rule 67?
b) In Expropriation Proceedings under RA 8974 (infrastructure projects of the
government)?
c) In Expropriation Proceedings under the Local Government Code?

30) Can you still expropriate government property?

31) Generally, who is the plaintiff in an expropriation proceeding? What are the XCPs?

32) Can the barangay expropriate by merely passing a resolution?

33) Are all GOCCs allowed to expropriate?

34) T/F. Reclamation is a mode of expropriation. It is not a mode of acquiring title over the
property.

35) What are the 2 parts of expropriation?

36) The order of condemnation is the first thing that the court issues, is it a final order? If
so, what is the remedy?

37) How is just compensation determined? [answer in the light of appointment of

commissioners]

38) BAR ’09. Can Congress pass a law expropriating 100 sq.m. of UST property to be paid
through exchange or barter with another one hectare property in Calamba as
payment? The objective is to build statue of Mayor Lacson.

39) In payment of just compensation, where should the deposit be made?

GUIDE QUESTIONS ON RULE 68 (FORECLOSURE OF REM)
1) Who are the parties in Foreclosure of REM?

2) What is the judgment in Foreclosure of REM?

3) What is the object of foreclosure?

4) What are the 2 types of foreclosure? And what are rule or law governs the two?

5) T/F. Rule 68 is when there is a mortgage of personal property.

6) Rule 68. Who are the parties?

7) What does that last sentence of Sec. 1 of Rule 68 provide?

8) What do you mean by whose rights are subordinates? Are they indispensable parties
or necessary parties?

9) Is the owner of the property an indispensable party or necessary party?

10) Is the possessor of property an indispensable party or necessary party?

11) Is the judgment in an action for foreclosure a judgment to pay or judgment to sell?

12) What is the timeframe within which payment is to be made?

13) The law has liberality in favor of the mortgagor to pay after foreclosure, and this is
known as ________ ?

14) If the mortgagor has been given #13, then why the mortgagor cannot pay or did not
exercise equity of redemption?

15) T/F. Right of Redemption applies to both Judicial and Extra-judicial foreclosure?

16) T/F. If you appeal to the CA, the 30-day period (not less than 90 days but not more
than 120 days) begin to run.

17) T/F. If you appeal to the SC, the 30-day period (not less than 90 days but not more
than 120 days) begin to run.

18) When the mortgagor failed to pay the loan within the period of equity of redemption,
the mortgagee by [mere motion or a separate action] go to court for the authority to
sell the property?
19) In a Judicial Foreclosure, is it necessary that the foreclosure sale must be confirmed?
If yes, what happens if it is not confirmed?

20) What is sought to be confirmed here? What is its effect on the Equity if Redemption?

21) As to deficiency judgment, is applicable in Rule 68 (Judicial Foreclosure? If yes, is it

done by a mere motion or by a separate action?

22) What if the proceeds of the foreclosure sale is more than mortgage debt, what
happens to the excess?

23) How do you apply extra-judicial foreclosure?

24) Is there a right of redemption in extra-judicial foreclosure? If yes, what is the period
of redemption?

25) In extra-judicial foreclosure, if you seek for the issuance of writ of possession, can it
be file by a mere motion or by a separate action? What is the XCP?

26) Can there be a valid foreclosure even if the REM is not notarized?

27) Distinguish Equity of Redemption from Right of Redemption? [3 differences]

28) Distinguish Extra-Judicial Foreclosure from Judicial Foreclosure? [5 differences]

29) What are the doctrines in the following cases:

a) Ramirez vs Manila Banking;
b) Marquez vs Alindog;
c) Ardiente vs. Provincial Sheriff;
d) LZK Holdings vs Planters DB;
e) Goldenway Merchandising vs Equitable PCI Bank;
f) Solid Builders vs China Bank Corporation;
g) Robles vs Yapcinco;
GUIDE QUESTIONS ON RULE 69 (PARTITION)

1) What is Partition?

2) What is the objective of Partition?

3) What is the jurisdiction of Partition?

4) Who prepares a project of partition?

5) Who are the parties in a partition?

6) What are the stages in partition?

7) True or False. Each stage of partition is final and appealable?

8) If indeed appealable, what kind of appeal and why?

9) Whenever partition is an issue, what is the first thing that you should look into and

why?

10) What are the two modes of settlement of the estate?

11) What are the kinds/types in the 1st mode?

12) What are the kinds/types in the 2nd mode?

13) What is co-ownership?

14) Under Rule 69, the court must convince the parties to enter into _______ ?

15) If the preceding item will not be successful, what’s the next step?

16) If the preceding item is not successful, what is the next step?

17) May a Sale be objected to? If yes, on what grounds?

18) Is the report of the commissioner binding upon the court?

19) What does judgment of partition include?

20) Can an action for partition be barred by prescription?

21) True of False. Prescription of action does not run in favor of a co-owner or co-heir
against his co-owner or co-heirs as long as there is a recognition of co-ownership
expressly or impliedly.
22) What is the prescriptive period of partition after extra judicial settlement of the
estate?
GUIDE QUESTIONS ON RULE 70 (UNLAWFUL DETAINER AND FORCIBLE ENTRY)

1) What is the jurisdiction of Rule 70 (UD & FE)?

2) Give 4 features of the Rules on Summary Procedure.

3) What is the venue of Rule 70?

4) Is compliance with condition precedent required in Rule 70&71?

5) What is the subject matter of Rule 70&71? What is the XCP?

6) What are the 3 kinds of recovery action?

7) What is accion reivindicatoria?

8) What is accion publiciana?

9) What is accion interdictal?

10) Among the 3 kinds of recovery action, where does ejectment suits of UD & FE lie?

11) Distinguish UD from FE. Give 4 differences.

12) UD or FE, where possession was lawful from the beginning?

13) UD or FE, where possession was unlawful from the beginning?

14) UD or FE, where demand to pay and vacate are mandatory?

15) What is the prescriptive period of UD & FE?

16) What is the reckoning date of the prescriptive period of UD?

17) What are the grounds of UD?

18) What are the grounds of FE?

19) Are the grounds in ejectment suits (UD & FE) exclusive? What is the exception, if any?

20) Can injunctive relief be filed both in the RTC and Appellate Court?

21) As a general rule, is the judgement in Rule 70, immediately executory?

22) If yes, what is the XCP (if any)?

23) Where should one file his Notice of Appeal and Supersedeas Bond?

24) Where and When to pay Regular Monthly deposit for the use and occupancy of the
premises?

25) What is the supersedeas bond?

26) What is the rationale why 10th day?

27) How much deposit?

28) Can an action for Forcible Entry be converted into UD? [Page 79]

29) Once on appeal and the RTC affirmed the MTC judgment – there is already execution
since no appeal is available but a petition for review before the CA. What then is the
remedy of the defendant?

30) What is the doctrines in the cases of:

a) Suarez vs Emboy;
b) Alconera vs Pallanan;
c) Teodoro vs Espino;
d) Ferrer vs Rabaca;
e) CGR Corp. vs Treynes;
f) Abad vs FilHomes;
g) Zacharias vs Anacay;
h) Manalang vs Bacani;
i) Supapo v De Jesus;
j) Dela Cruz vs Hermano;
k) Erorita vs Dumlao
GUIDE QUESTIONS ON RULE 71 (CONTEMPT)

1) Are all forms of contempt, criminal in nature? Why?

2) What is direct contempt?

3) What is indirect contempt?

4) What is the remedy in Direct Contempt?

5) What is the remedy in Indirect Contempt?

6) Can judges take judicial cognizance of the decision or notice of other court?

7) Say you are in the sala of Judge Cuerdo and you blurted out against Judge Villena, can
you be cited in contempt?

8) Until when can you be cited in contempt?

9) What are the doctrines in the following cases:

a) Yasay vs Recto;
b) Sison vs Caoibes;
c) Espanol vs Formoso;
d) Marantan vs Diokno;
e) Tormis vs Paredes;
f) Pulumbarit vs CA;
g) Balindong vs CA;