Special Civil Actions(1)

7/21/2019 Special Civil Actions(1)

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SPECIAL CIVIL ACTIONS

Ordinary Civil Actions Special Civil Actions Special Proceedings

A party sues another for theenforcement or protection of a right

or the prevention or redress of awrong

A civil action subject tospecific/special rules

It is a remedy by which a partyseeks to establish a status, a right

or a particular fact

Governed by the rules for ordinarycivil actions

Ordinary rules apply primarily butsubject to specific rules

Governed by special rules andordinary rules apply suppletorily

Involves two or more parties Involves two or more parties May involve only one party

Initiated by complaint ome are initiated by complaintsome by petition

Initiated by petition

!ased on "OA ome special civil actions have no"OA

#ot based on "OA $e%cept habeascorpus&

SPECIAL CIVIL ACTIONS INITIATED BYCOMPLAINTS PIE!"#$

SPECIAL CIVIL ACTIONS INITIATED BYPETITIONS D%& CPM& 'C$

'( )artition*( Interpleader+( %propriation-( .oreclosure of M

0( .orcible ntry and 1nlawful 2etainer 3.124

'( 2eclaratory elief*( eview of Adjudication of "OM5"/"OA+( "ertiorari-( )rohibition

0( Mandamus6( 7uo 8arranto9( "ontempt

SPECIAL CIVIL ACTION VEN(E )(%ISDICTION

'( )artition 5ocation of eal )roperty or aportion thereof:If )ersonal )roperty; )laintiff>? or)->>? in Metro Manila

; eal )roperty@ does note%ceed )*>? or )0>? in

Metro Manila

="; if value e%ceeds the amountsabove or if e%clusively within ="


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" or andiganbayan;location of respondent isimmaterial

I. olGen commenced the

action, should be in =";Manila, or "A, or "

andiganbayan has

e%clusive original jurisdictionon Cuo warranto in casesfiled by )"GG

D( "ontempt 8here court involved is sitting M=", =", "A, "

I&T*E DI""E%ENT SPECIAL CIVIL ACTIONSA&Interpleader%+le ,#$"=IO# '( 8hen interpleader proper( E 8henever conflicting claims upon the same subject matter are or maybe made against a person who claims no interest whatever in the subject matter, or an interest which in whole orin part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them tointerplead and litigate their several claims among themselves(

"=IO# *( Order( E 1pon the filing of the complaint, the court shall issue an order reCuiring the conflictingclaimants to interplead with one another( If the interests of justice so reCuire, the court may direct in such order

that the subject matter be paid or delivered to the court(

"=IO# +( ummons( E ummons shall be served upon the conflicting claimants, together with a copy of thecomplaint and order(

"=IO# -( Motion to dismiss( E 8ithin the time for filing an answer, each claimant may file a motion todismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in ule'6( =he period to file the answer shall be tolled and if the motion is denied, the movant may file his answer withinthe remaining period, but which shall not be less than five $0& days in any event, reckoned from notice of denial(

"=IO# 0( Answer and other pleadings( Each claimant shall file his answer setting forth his claim withinfifteen $'0& days from service of the summons upon him, serving copy thereof upon each of the other conflictingclaimants who may file their reply thereto as provided by these ules( If any claimant fails to plead within the timeherein fi%ed, the court may, on motion, declare him in default and thereafter render judgment barring him from

any claim in respect to the subject matter(

=he parties in an interpleader action may file counterclaims, cross;claims, third;party complaints and responsivepleadings thereto, as provided by these ules(

"=IO# 6( 2etermination( E After the pleadings of the conflicting claimants have been filed, and pre;trial hasbeen conducted in accordance with the ules, the court shall proceed to determine their respective rights andadjudicate their several claims(

"=IO# 9( 2ocket and other lawful fees, costs and litigation e%penses as liens( E =he docket and other lawfulfees paid by the party who filed a complaint under this ule, as well as the costs and litigation e%penses, shallconstitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise(

-& %e.+isites

$'& =he plaintiff claims no interest in the subject matter or his claim is not disputed:$*& =here must at least be two $*& or more conflicting claimants:$+& =he parties to be interpleaded must make effective claims: and$-& =he subject matter must be one and the same(

#& Decisional r+lesInterpleader was found to be a proper action in an action of a lessee who does not know to whom to pay rentalsdue to conflicting claims on the property: $Pagkalinawan v. Rodas, 1948and in an action by a bank where thepurchaser of a cashierFs check claims it was lost and another has presented it for payment( !"esina v. #$%,198&&( It was however found to be improper in an action where defendants have conflicting claims against theplaintiff: $'eltran v. P((%, 19&9and an action where one of the defendants had earlier sued the plaintiff and

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secured a judgment against him which has already become final( =he action is barred by laches or unreasonabledelay(!)ack )ack *olf and %ountry %lub, #nc. v. )on, 19+&

/& Proced+ral pec+liarities1pon the filing of the complaint, the court shall issue an order reCuiring the conflicting claimants to

interplead with one another($ules of "ourt, ule 6*, ec( *&=he court may direct in the same order mentioned in the preceding paragraph that the subject matter of the

suit be paid or delivered to the court( $Ibid&=he summons shall be accompanied by copies of the complaint and order mentioned in #o( '( =he

defendants may file a motion to dismiss on the ground of the impropriety of the interpleader action or onother appropriate grounds specified in ule '6(=he defendants shall serve a copy of the answer not only to the plaintiff but also to their co;defendants who

may file their reply thereto(=he effect of a failure to plead within the prescribed period is that, upon motion, the defendant will be

declared in default and thereafter renders judgment barring him from any claim in respect to the subjectmatter( or e-ample =here is a deposit of goods with a depository$warehouseman& and while in custody,"5AIMA#= appears and claims the goods as his own( "laimant H also claims the goods( /he )arehouseReceipts 0aw allows the warehouseman if he doesnt want to decide for himself who is the proper claimant, tofile a complaint for interpleader.

8hat happens if one of the defendants, say "5AIMA#= H did not file an answer %laimant 2 will be

declared in default, and chances are the answering defendant !3, will be awarded the possession orownership of the property. /his is different in ordinary civil actions, under Rule 9 on partial default, thenon5answering defendant will be declared in default, while the answering defendant will go to trial and if

6udgment is rendered in favor of the answering defendant, it will benefit the non5answering defendant.

=here is an additional ground for motion to dismiss founded on IM)O)I=H O. =J .I5I#G O. =J

"OM)5AI#=

"ontinuing with the e%ample above, what if the warehouseman after denying the claim of , the latterfiled a complaint for replevin against the warehouseman( "an the warehouseman still file a complaint forinterpleader against all the complaints #O( =hat will be splitting the "OA( =he complaint forinterpleader should be set up as a counterclaim in the answer(

%CBC v& Metro Container Corp0 1% No& -#23-/0 Sept& -/0 #44-! If a property was mortgaged and right has

been consolidated after failure to redeem, interpleader may no longer be filed by the lessee who pretends not toknow to whom payment should be made, because the Cuestion in the unlawful detainer suit is limited to theCuestion of physical or material possession of the premises( =he issue of ownership is immaterial and the outcomeof the case cannot in any way affect conflicting claims of ownership the filing of the interpleader suit is founded onthe fact that the lessee did not know to whom payment should be made but due to the judgment ordering it to payto the lessor, the reason for the interpleader action ceased( 8hen the judgment became final and e%ecutory, thelessee has no more alternative left but to pay the rentals to the lessor(

!( Declaratory %elie5 and Si6ilar %e6edies%+le ,/$"=IO# '( 8ho may file petition( E Any person interested under a deed, will, contract or other writteninstrument, or whose rights are affected by a statute, e%ecutive order or regulation, ordinance, or any othergovernmental regulation may, before breach or violation thereof, bring an action in the appropriate egional =rial"ourt to determine any Cuestion of construction or validity arising, and for a declaration of his rights or dutiesthereunder(

An action for the reformation of an instrument, to Cuiet title to real property or remove clouds therefrom, or toconsolidate ownership under Article '6>9 of the "ivil "ode, may be brought under this ule(

"=IO# *( )arties( E All persons who have or claim any interest which would be affected by the declarationshall be made parties: and no declaration shall, e%cept as otherwise provided in these ules, prejudice in the rightsof persons not parties to the action(

"=IO# +( #otice on olicitor General( E In any action which involves the validity of a statute, e%ecutive orderor regulation, or any other governmental regulation, the olicitor General shall be notified by the party assailingthe same and shall be entitled to be heard upon such Cuestion(

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"=IO# -( 5ocal government ordinances( E In any action involving the validity of a local ordinance, thecorresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitledto be heard( If such ordinance is alleged to be unconstitutional, the olicitor General shall be notified and entitledto be heard(

"=IO# 0( "ourt action discretionary( E %cept in actions falling under the second paragraph of section ' of

this ule, the court, motu proprio or upon motion, may refuse to e%ercise the power to declare rights and toconstrue instruments in any case where a decision would not terminate the uncertainty or controversy which gaverise to the action, or in any case where the declaration or construction is not necessary and proper under thecircumstances(

"=IO# 6( "onversion into ordinary action( E If before the final termination of the case, a breach or violationof an instrument, or a statute, e%ecutive order or regulation, ordinance, or any other governmental regulationshould take place, the action may thereupon be converted into an ordinary action, and parties allowed to file suchpleadings as may be necessary or proper(

-&%e.+isites$'& =here must be a justiciable controversy:!7biles v. Republic 19:$*& =he controversy must be between persons whose interest is adverse:$+& =he parties must have legal interest in the controversy:$-& =he controversy must be ripe for judicial determination:!'oard of 7ptometry v. %olet, 199&and$0& =he petition must be filed before there is a breach or violation( $ules of "ourt, ule 6+, ec( '&

#& Proced+ral pec+liarities =he petition must be filed before there is a breach of contract or violation of the statute or ordinance(

$ibid& =hird;party complainant is not allowed(!%ommissioner of %ustoms v. %loribel, 19++

%cept in actions for Cuieting of title, reformation of instrument, and consolidation of ownership in case of

sales, the court action on an action for declaratory relief is discretionary( =hus, the court motu proprio orupon motion may refuse to e%ercise the power to declare rights and to construe instruments in any casewhere a decision would not terminate the uncertainty or controversy which gave rise to the action or inany case where the declaration or construction is not necessary under the circumstances( $ules of "ourt,ule 6+, ec( 0&( 3Ordinary procedures apply to these three actions, including jurisdiction4

8hen a statute, e%ecutive order or any government regulation or ordinance is alleged to be

unconstitutional, the olicitor;General should be notified by the party assailing the same( $Ibid(,ec( +& If the validity of a local government ordinance is in Cuestion, the prosecutor or attorney of the local

government should be notified( $Ibid(,ec( -& #o summons is issued upon filing of the petition( =he court is given the discretion to dismiss outright the

petition( 5ike interpleader, there is no "OA here

ule +D does not apply because what the court does is only to declare the rights and duties of the parties(

=here is no award(

/& Declaratory relie5 i6proper in t7e 5ollo8ing cases$'& to obtain judicial declaration of citiKenship: $;ingson v. Republic, 19&8&$*& to seek relief on moot Cuestions or to resolve hypothetical, abstract or theoretical Cuestions, or to decideclaims which are uncertain:!0im v. Republic, 19+1$+& to resolve political issues or Cuestions:!


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7uestion of Lurisdiction 7uestion of 5aw

.iled w/in 6> days after notice of judgment .iled within '0 days after notice of judgment

Motion for reconsideration reCuired #o M is reCuired

2oes not stay judgment tays judgment

)arty is the court or tribunal, or officer Original parties

May be filed in =" .iled in "

"=IO# '( )etition for certiorari( E 8hen any tribunal, board or officer e%ercising judicial or Cuasi;judicialfunctions has acted without or in e%cess of its or his jurisdiction, or with grave abuse of discretion amounting tolack or e%cess of jurisdiction, and there is no appeal, or any plain, speedy, and adeCuate remedy in the ordinarycourse of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts withcertainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board orofficer, and granting such incidental reliefs as law and justice may reCuire(

=he petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof,copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non;forumshopping as provided in the paragraph of section +, ule -6(

"=IO# *( )etition for prohibition( E 8hen the proceedings of any tribunal, corporation, board, officer orperson, whether e%ercising judicial, Cuasi;judicial or ministerial functions, are without or in e%cess of its or his

jurisdiction, or with grave abuse of discretion amounting to lack or e%cess of jurisdiction, and there is no appeal orany other plain, speedy, and adeCuate remedy in the ordinary course of law, a person aggrieved thereby may file averified petition in the proper court, alleging the facts with certainty and praying that judgment be renderedcommanding the respondent to desist from further proceedings in the action or matter specified therein, orotherwise granting such incidental reliefs as law and justice may reCuire(

=he petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subjectthereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non;forum shopping as provided in the third paragraph of section +, ule -6(

"=IO# +( )etition for mandamus( E 8hen any tribunal, corporation, board, officer or person unlawfullyneglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, orstation, or unlawfully e%cludes another from the use and enjoyment of a right or office to which such other isentitled, and there in no other plain, speedy and adeCuate remedy in the ordinary course of law, the person

aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying thatjudgment be rendered commanding the respondent, immediately or at some other specified by the court, to do theact reCuired to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitionerby reason of the wrongful acts of the respondent(

=he petition shall also contain a sworn certification of non;forum shopping as provided in the third paragraph ofsection +, ule -6(

ec( -( 8hen and where to file the petition( =he petition shall be filed not later than si%ty $6>& days from notice ofthe judgment, order or resolution( In case a motion for reconsideration or new trial is timely filed, whether suchmotion is reCuired or not, the petition shall be filed not later than si%ty $6>& days counted from the notice of thedenial of the motion(

If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a

person, it shall be filed with the egional =rial "ourt e%ercising jurisdiction over the territorial area as defined bythe upreme "ourt( It may also be filed with the "ourt of Appeals or with the andiganbayan, whether or not thesame is in aid of the courts appellate jurisdiction( If the petition involves an act or an omission of a Cuasi;judicialagency, unless otherwise provided by law or these rules, the petition shall be filed with and be cogniKable only bythe "ourt of Appeals(

In election cases involving an act or an omission of a municipal or a regional trial court, the petition shall be filede%clusively with the "ommission on lections, in aid of its appellate jurisdiction(

"=IO# 0( espondents and costs in certain cases( E 8hen the petition filed relates to the acts or omissionsof a judge, court, Cuasi;judicial agency, tribunal, corporation, board, officer or person, the petitioner shall join, as

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private respondent or respondents with such public respondent or respondents, the person or persons interested insustaining the proceedings in the court: and it shall be the duty of such private respondents to appear and defend,both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings,and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only,and not against the judge, court, Cuasi;judicial agency, tribunal, corporation, board, officer or person impleaded aspublic respondent or respondents(

1nless otherwise specifically directed by the court where the petition is pending, the public respondents shall notappear in or file an answer or comment to the petition or any pleading therein( If the case is elevated to a highercourt by either party, the public respondents shall be included therein as nominal parties( Jowever, unlessotherwise specifically directed by the court, they shall not appear or participate in the proceedings therein(

"=IO# 6( Order to comment( E If the petition is sufficient in form and substance to justify such process, thecourt shall issue an order reCuiring the respondent or respondents to comment on the petition within ten $'>& daysfrom the receipt of a copy thereof( uch order shall be served on the respondents in such manner as the court maydirect, together with a copy of the petition and any anne%es thereto(

In petitions for certiorari before the upreme "ourt and the "ourt of Appeals, the provisions if section *, ule 06,shall be observed( !efore giving due course thereto, the court may reCuire the respondents to file their commentto, and not a motion to dismiss, the petition( =hereafter, the court may reCuire the filing of a reply and such otherresponsive or other pleadings as it may deem necessary and proper(

ec( 9( %pediting proceedings: injunctive relief( =he court in which the petition is filed may issue orderse%pediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunctionfor the preservation of the rights of the parties pending such proceedings( =he petition shall not interrupt thecourse of the principal case, unless a temporary restraining order or a writ of preliminary injunction has beenissued, enjoining the public respondent from further proceeding with the case(

=he public respondent shall proceed with the principal case within ten $'>& days from the filing of a petition forcertiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or uponits e%piration( .ailure of the public respondent to proceed with the principal case may be a ground for anadministrative charge(

ec( B( )roceedings after comment is filed( After the comment or other pleadings reCuired by the court are filed,or the time for the filing thereof has e%pired, the court may hear the case or reCuire the parties to submitmemoranda( If, after such hearing or filing of memoranda or upon the e%piration of the period for filing, the courtfinds that the allegations of the petition are true, it shall render judgment for such relief to which the petitioner isentitled(

Jowever, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly fordelay, or if the Cuestions raised therein are too unsubstantial to reCuire consideration( In such event, the courtmay award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition tosubjecting counsel to administrative sanctions under ules '+D and '+D;! of the ules of "ourt(

=he "ourt may impose motu proprio, based on res ipsa lo>uitur, other disciplinary sanctions or measures on erringlawyers for patently dilatory and unmeritorious Petitions for %ertiorari(

"=IO# D( ervice and enforcement of order or judgment( E A certified copy of the judgment rendered inaccordance with the last preceding section shall be served upon the court, Cuasi;judicial agency, tribunal,corporation, board, officer or person concerned in such manner as the court may direct, and disobedience theretoshall be punished as contempt( An e%ecution may issue for any damages or costs awarded in accordance withsection ' of ule +D(

CE%TIO%A%I%e.+isitesA tribunal, board or officer e%ercises judicial or Cuasi;judicial function:a( It or s/he acts without or in e%cess of jurisdiction or with grave abuse of discretion: andb( =here is no appeal nor plain, speedy and adeCuate remedy in the ordinary cause of law('( 8ithout jurisdiction absence of a legal power to determine a case(*( %cess of jurisdiction the court has jurisdiction but fails to comply with the conditions prescribed for itse%ercise(!0eung 'en v. 7'rien, 1918:@ /engco v. Aocson, 19??:

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+( Grave abuse of discretion judicial power is e%ercised capriciously, arbitrarily or despotically due to passionor personal hostility(!ilinvest %redit %orporation v. #$%, 1988


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Decisional r+les "andamusis an appropriate remedy to compel a corporation to grant its monthly salaried employees

holiday pay(!"antradeG""%


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E&'+o


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custody or control appertaining to the office to which the judgment relates( If the respondent refuses or neglects todeliver any book or paper pursuant to such demand, he may be punished for contempt as having disobeyed alawful order of the court( =he person adjudged entitled to the office may also bring action against the respondentto recover the damages sustained by such person by reason of the usurpation(

"=IO# ''( 5imitations( E #othing contained in this ule shall be construed to authoriKe an action against apublic officer or employee for his ouster from office unless the same be commenced within one $'& year after the

cause of such ouster, or the right of the petitioner to hold such office or position, arose: nor to authoriKe an actionfor damages in accordance with the provisions of the ne%t preceding section unless the same be commenced withinone $'& year after the entry of the judgment establishing the petitionerFs right to the office in Cuestion(

"=IO# '*( Ludgment for costs( E In an action brought in accordance with the provisions of this ule, the courtmay render judgment for costs against either the petitioner, the relator, or the respondent, or the person orpersons claiming to be a corporation, or may apportion the costs, as justice reCuires(

De5initionA >uo warrantois a prerogative writ by which the Government can call upon any person to show by what warranthe holds a public office or e%ercises a public franchise( $ "oran ?F8 19+F:

'+o uo warrantois not the proper remedy but an election protest( !%aesar v. *arrido, 19?9:8hen the dispute is on theineligibility of a person sought to be ousted, >uo warrantois the proper action(!ortuno v. Palma, 198+

Pec+liarities o5 proceedings 8hen the olicitor General or a public prosecutor commences the action at the instance of another person,

leave of court must first be secured( =he motion for leave must be set for hearing with notice to the respondent so that he may be heard: and

=he court issues the order allowing the filing of the action within the period fi%ed therein( $o the court here

is given the prerogative to reduce the filing of pleading& =his is one proceeding which violates the rule on splitting the "OA( =he petition for Cuo warranto is designed

for the purpose of determining who between the contestants is entitled to hold an office, either a corporateoffice or a public office( Once the court has decide this issue, the law authoriKes the winning party to file asubseCuent complaint for recovery of damages arising from the usurpation of office( Although no made mention regarding observation of hierarchy of courts unlike in ule 60, this has to be

applied, according to " decisions(

"E%DINAND TOPACIO vs& ASSOCIATE )(STICE 1%E1O%Y ON1 and O""ICE O" SOLICITO% 1ENE%AL 1r&No& -23>3: Dece69er ->0 #44>

"acts? Ong filed a petititon for correction of an entry in his certificate of birth before the =" in compliance withthe " decision in ?ilosbayan .oundation v( rmita on Luly +, *>>9 enjoining him from accepting appointment tothe position of Associate Lustice of upreme "ourt until have shown through adversarial proceedings that he is anatural born citiKen(

In the present case, )etitioner =opacio filed a petition for certiorari and prohibition to prevent Ong frome%ercising powers, duties and responsibilities as a andiganbayan Associate Lustice(

On eptember 0, =opacio filed a letter;complaint praying that the olicitor General to bring in a Cuowarranto proceeding against Ong in the latter


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Iss+es? '& 8O# the olGen committed grave abuse of discretion in refusing the filing of Cuo warranto suit*& 8O# the initiation by the petition for certiorari and prohibition is proper to challenge the title to public

office of Lustice Ong*eld? '& #o( =here was no grave abuse of discretion in deferring an action on the filing of a Cuo warranto suit untilafter the =" case has been decided with finality( ule 66 provides that an action for usurpation of a public office,position or franchise may be commenced by a verified petition brought in the name of epublic of the )hilippines

against a public officer who does or suffers an act which by the provision of law, constitutes a ground for forfeitureof his office( =he olgen when upon complaint or otherwise he has good reason to believe that any case specifiedin the preceding section can be established by proof must commence such action(

Jowever, the olgen may suspend or struck down the institution of action for Cuo warranto where thereare just and valid reasons( Je may start the prosecution of the case by filing the appropriate action in court or hemay opt not to file the suit at all( Je may do everything within his legal authority but always conformably with thenational interest and the policy of the government on the matter at hand(

=he olgen noticed the folly of re;litigation on the issue of Ong


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After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff inpossession of the property involved and promptly submit a report thereof to the court with service of copies to theparties("=IO# +( 2efenses and objections( E If a defendant has no objection or defense to the action or the takingof his property, he may file and serve a notice of appearance and a manifestation to that effect, especiallydesignating or identifying the property in which he claims to be interested, within the time stated in the summons(=hereafter, he shall be entitled to notice of all proceedings affecting the same(

If a defendant has any objection to the filing of or the allegations in the complaint, or any objection or defense tothe taking of his property, he shall serve his answer within the time stated in the summons( =he answer shallspecifically designate or identify the property in which he claims to have an interest, state the nature and e%tent ofthe interest claimed, and adduce all his objections and defenses to the taking of his property( #o counterclaim:cross;claim or third;party complaint shall be alleged or allowed in the answer or any subseCuent pleading(

A defendant waives all defenses and objections not so alleged but the court, in the interest of justice, may permitamendments to the answer to be made not later than ten $'>& days from the filing thereof( Jowever, at the trial ofthe issue of just compensation, whether or not a defendant has previously appeared or answered, he may presentevidence as to the amount of the compensation to be paid for his property, and he may share in the distribution ofthe award(

"=IO# -( Order of e%propriation( E If the objections to and the defenses against the right of the plaintiff toe%propriate the property are overruled, or when no party appears to defend as reCuired by this ule, the court mayissue an order of e%propriation declaring that the plaintiff has a lawful right to take the property sought to bee%propriated, for the public use or purpose described in the complaint, upon the payment of just compensation tobe determined as of the date of the taking of the property or the filing of the complaint, whichever came first(

A final order sustaining the right to e%propriate the property may be appealed by any party aggrieved thereby(uch appeal, however, shall not prevent the court from determining the just compensation to be paid(

After the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceedinge%cept on such terms as the court deems just and eCuitable(

"=IO# 0( Ascertainment of compensation( E 1pon the rendition of the order of e%propriation, the court shallappoint not more than three $+& competent and disinterested persons as commissioners to ascertain and report tothe court the just compensation for the property sought to be taken( =he order of appointment shall designate thetime and place of the first session of the hearing to be held by the commissioners and specify the time within whichtheir report shall be submitted to the court(

"opies of the order shall be served on the parties( Objections to the appointment of any of the commissioners shallbe filed with the court within ten $'>& days from service, and shall be resolved within thirty $+>& days after all thecommissioners shall have received copies of the objections(

"=IO# 6( )roceedings by commissioners( E !efore entering upon the performance of their duties, the

commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners,which oath shall be filed in court with the other proceedings in the case( vidence may be introduced by eitherparty before the commissioners who are authoriKed to administer oaths on hearings before them, and thecommissioners shall, unless the parties consent to the contrary, after due notice to the parties to attend, view ande%amine the property sought to be e%propriated and its surroundings, and may measure the same, after whicheither party may, by himself or counsel, argue the case( =he commissioners shall assess the conseCuentialdamages to the property not taken and deduct from such conseCuential damages the conseCuential benefits to bederived by the owner from the public use or purpose of the property taken, the operation of its franchise by thecorporation, or the carrying on of the business of the corporation or person taking the property( !ut in no case shallthe conseCuential benefits assessed e%ceed the conseCuential damages assessed, or the owner be deprived of theactual value of his property so taken(

"=IO# 9( eport by commissioners and judgment thereupon( E =he court may order the commissioners toreport when any particular portion of the real estate shall have been passed upon by them, and may renderjudgment upon such partial report, and direct the commissioners to proceed with their work as to subseCuentportions of the property sought to be e%propriated, and may from time to time so deal with such property( =hecommissioners shall make a full and accurate report to the court of all their proceedings, and such proceedingsshall not be effectual until the court shall have accepted their report and rendered judgment in accordance with

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their recommendations( %cept as otherwise e%pressly ordered by the court, such report shall be filed within si%ty$6>& days from the date the commissioners were notified of their appointment, which time may be e%tended in thediscretion of the court( 1pon the filing of such report, the clerk of the court shall serve copies thereof on allinterested parties, with notice that they are allowed ten $'>& days within which to file objections to the findings ofthe report, if they so desire( $9a&

"=IO# B( Action upon commissionersF report( E 1pon the e%piration of the period of ten $'>& days referred

to in the preceding section, or even before the e%piration of such period but after all the interested parties havefiled their objections to the report or their statement of agreement therewith, the court may, after hearing, acceptthe report and render judgment in accordance therewith: or, for cause shown, it may recommit the same to thecommissioners for further report of facts: or it may set aside the report and appoint new commissioners, or it mayaccept the report in part and reject it in part: and it may make such order or render such judgment as shall secureto the plaintiff of the property essential to the e%ercise of his right of e%propriation, and to the defendant justcompensation for the property so taken(

"=IO# D( 1ncertain ownership: conflicting claims( E If the ownership of the property taken is uncertain, orthere are conflicting claims to any part thereof, the court may order any sum or sums awarded as compensation forthe property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitledthereto( !ut the judgment shall reCuire the payment of the sum or sums awarded to either the defendant or thecourt before the plaintiff can enter upon the property, or retain it for the public use or purpose if entry has alreadybeen made(

"=IO# '>( ights of plaintiff after judgment and payment( E 1pon payment by the plaintiff to the defendantof compensation fi%ed by the judgment, with legal interest thereon from the taking of the possession of theproperty, or after tender to him of the amount so fi%ed and payment of the costs, the plaintiff shall have the rightto enter upon the property e%propriated and to appropriate it for the public use or purpose defined in thejudgment, or to retain it should he have taken immediate possession thereof under the provisions of section *hereof( If the defendant and his counsel absent themselves from the court, or decline to receive the amounttendered, the same shall be ordered to be deposited in court and such deposit shall have the same effect as actualpayment thereof to the defendant or the person ultimately adjudged entitled thereto(

"=IO# ''( ntry not delayed by appeal: effect of reversal( E =he right of the plaintiff to enter upon theproperty of the defendant and appropriate the same for public use or purpose shall not be delayed by an appealfrom the judgment( !ut if the appellate court determines that plaintiff has no right of e%propriation, judgment shallbe rendered ordering the egional =rial "ourt to forthwith enforce the restoration to the defendant of thepossession of the property, and to determine the damages which the defendant sustained and may recover byreason of the possession taken by the plaintiff(

"=IO# '*( "osts, by whom paid( E =he fees of the commissioners shall be ta%ed as a part of the costs of theproceedings( All costs, e%cept those of rival claimants litigating their claims, shall be paid by the plaintiff, unless anappeal is taken by the owner of the property and the judgment is affirmed, in which event the costs of the appealshall be paid by the owner(

"=IO# '+( ecording judgment, and its effect( E =he judgment entered in e%propriation proceedings shallstate definitely, by an adeCuate description, the particular property or interest therein e%propriated, and the natureof the public use or purpose for which it is e%propriated( 8hen real estate is e%propriated, a certified copy of suchjudgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effectshall be to vest in the plaintiff the title to the real estate so described for such public use or purpose(

"=IO# '-( )ower of guardian in such proceedings( E =he guardian or guardian ad litem of a minor or personjudicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of hisward any act, matter, or thing respecting the e%propriation for public use or purpose of property belonging to suchminor or person judicially declared to be incompetent, which such minor or person judicially declared to beincompetent could do in such proceedings if he were of age or competent(

E=propriation is a special civil action 87ic7 i6ple6ents t7e rig7t o5 e6inent do6ain

%e.+isites 5or e=ercise o5 rig7t$'& due process of law compliance with the rules set down $ule 69&:$*& payment of just compensation: and

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$+& taking must be for public use( $A" /uaEon and %o., #nc. v. 0and /enure $dministration, 19+F

T8o stages in e=propriation proceedings 2etermination of the authority of the plaintiff to e%ercise the power of eminent domain and the propriety of

its e%ercise in the conte%t of the facts( =his stage is terminated by either an order of dismissal of the action ororder of the condemnation declaring that e%propriation is proper and legal( =hese orders are final andtherefore appealable($"unicipality of 'iIan v. *arcia, 1989 2etermination of just compensation =his is done with the assistance of not more than three $+&

commissioners( =he order fi%ing just compensation is also final and appealable( $Ibid&( Lust compensation is tobe determined as of the date of the taking of the propriety or the filing of the complaint, whichever comesfirst(

Pec+liarity in Proceedings

Multiple appeals and the period to appeal is +> days unlike in ordinary civil actions $'0 days&(

.urthermore, no record on appeal is reCuired( Although the procedure is not summary there are prohibited pleadings( $counter;claim, cross;claim

and third party complaint&

ven if defendant here is declared in default he can still participate in proceedings

=rial by commissioner is mandatory unlike in ordinary civil actions where it is discretionary

ven if the defendant accepts money as just compensation from plaintiff, he can still assail the

judgment of court on the propriety of the e%propriation(

Moday v& CA0 #,> SC%A :>,, Inherently possessed by the national legislature the power of eminent domain maybe validly delegated to local governments, other public utilities and public entities

"oreclos+re o5 %eal Estate Mortgage %+le ,>$"=IO# '( "omplaint in action for foreclosure( E In an action for the foreclosure of a mortgage or otherencumbrance upon real estate, the complaint shall set forth the date and due e%ecution of the mortgage: itsassignments, if any: the names and residences of the mortgagor and the mortgagee: a description of themortgaged property: a statement of the date of the note or other documentary evidence of the obligation securedby the mortgage, the amount claimed to be unpaid thereon: and the names and residences of all persons having orclaiming an interest in the property subordinate in right to that of the holder of the mortgage, all of whom shall bemade defendants in the action(

"=IO# *( Ludgment on foreclosure for payment or sale( E If upon the trial in such action the court shall findthe facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgagedebt or obligation, including interest and other charges as approved by the court, and costs, and shall renderjudgment for the sum so found due and order that the same be paid to the court or to the judgment obligee withina period of not less than ninety $D>& days nor more than one hundred twenty $'*>& days from the entry ofjudgment, and that in default of such payment the property shall be sold at public auction to satisfy the judgment(

"=IO# +( ale of mortgage property: effect( E 8hen the defendant, after being directed to do so as providedin the ne%t preceding section, fails to pay the amount of the judgment within the period specified therein, thecourt, upon motion, shall order the property to be sold in the manner and under the provisions of ule +D andother regulations governing sales of real estate under e%ecution( uch sale shall not affect the rights of personsholding prior encumbrances upon the property or a part thereof, and when confirmed by an order of the court, alsoupon motion, it shall operate to divest the rights in the property of all the parties to the action and to vest theirrights in the purchaser, subject to such rights of redemption as may be allowed by law(

1pon the finality of the order of confirmation or upon the e%piration of the period of redemption when allowed bylaw, the purchaser at the auction sale or last redemptioner, if any, shall be entitled to the possession of theproperty unless a third party is actually holding the same adversely to the judgment obligor( =he said purchaser orlast redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosure(

"=IO# -( 2isposition of proceeds of sale( E =he amount realiKed from the foreclosure sale of the mortgagedproperty shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and whenthere shall be any balance or residue, after paying off the mortgage debt due, the same shall be paid to juniorencumbrancers in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers

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or there be a balance or residue after payment to them, then to the mortgagor or his duly authoriKed agent, or toperson entitled to it(

"=IO# 0( Jow sale to proceed in case the debt is not all due( E If the debt for which the mortgage orencumbrance was held is not all due as provided in the judgment, as soon as a sufficient portion of the propertyhas been sold to pay the total amount and the costs due, the sale shall terminate: and afterwards, as often asmore becomes due for principal or interest and other valid charges, the court may, on motion, order more to be

sold( !ut if the property cannot be sold in portions without prejudice to the parties, the whole shall be ordered tobe sold in the first instance, and the entire debt and costs shall be paid, if the proceeds of the sale be sufficienttherefor, there being a rebate of interest where such rebate is proper(

"=IO# 6( 2eficiency judgment( E If upon the sale of any real property as provided in the ne%t precedingsection there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shallrender judgment against the defendant for any such balance for which, by the record of the case, he may bepersonally liable to the plaintiff, upon which e%ecution may issue immediately if the balance is all due at the time ofthe rendition of the judgment: otherwise, the plaintiff shall be entitled to e%ecution at such time as the balanceremaining becomes due under the terms of the original contract, which time shall be stated in the judgment(

"=IO# 9( egistration( E A certified copy of the final order of the court confirming the sale shall beregistered in the registry of deeds( If no right of redemption e%ists, the certificate of title in the name of themortgagor shall be cancelled, and a new one issued in the name of the purchaser(

8here a right of redemption e%ists, the certificate of title in the name of the mortgagor shall not be cancelled, butthe certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof madeby the registrar of deeds upon the certificate of title( In the event the property is redeemed, the deed ofredemption shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by theregistrar of deeds on said certificate of title(

If the property is not redeemed, the final deed of sale e%ecuted by the sheriff in favor of the purchaser at theforeclosure sale shall be registered with the registry of deeds: whereupon the certificate of title in the name of themortgagor shall be cancelled and a new one issued in the name of the purchaser(

"=IO# B( Applicability of other provisions( E =he provisions of sections +', +* and +- of ule +D shall beapplicable to the judicial foreclosure of real estate mortgages under this ule insofar as the former are notinconsistent with or may serve to supplement the provisions of the latter(

)+dg6ent in a 5oreclos+re proceeding

/he 6udgment in a 6udicial foreclosure proceeding should$'& make a finding of the amount due the plaintiff including interest, cost and other charges approved bythe court:$*& order defendant to pay said amount within a period of not less than ninety $D>& days nor more thanone hundred twenty $'*>& days from entry of judgment: and$+& if the defendant defaults, the court should order the sale at public auction of the mortgaged

property(

)+dicial "oreclos+re vs& E=tra!)+dicial "oreclos+reirst has court intervention and there is only e>uity of redemption and is governed by the Rules of%ourt, while second is that there is no court intervention, right of redemption e-ists and is governed by

$ct 1.

Note? ven if there is no court intervention in e%tra;judicial foreclosure at the outset, the court willintervene when it comes to recovery of the possession of property foreclosed, i(e( when he purchased itin public auction, he needs to file a motion for the issuance of writ of possession(

Distinction 9et8een rig7t o5 rede6ption and e.+ity o5 rede6ptionCuity of edemption is the right of the defendant mortgagor to e%tinguish the mortgage and retain ownership ofthe property by paying the amount fi%ed in the decision of the court within ninety $D>& to one hundred twenty$'*>& days after entry of judgment or even after the foreclosure sale but prior to its confirmation( $ Rules of %ourt,Rule &8, ;ec. ?@ 0impin v. #ntermediate $ppellate %ourt, Co. 05+F98+, ;eptember ?9, 1988On the other hand,right of redemption is the right granted to the debtor;mortgagor, his successor;in;interest or any judicial creditor ofsaid debtor;mortgagor or any person having a lien in the property subseCuent to its mortgage or deed of trust

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under which the property is sold to redeem the property within one $'& year from the registration of the sheriff days from entry of final judgment&

1nlike in ule +D, there is a need to confirm the sale

Partition%+le ,3$"=IO# '( "omplaint in action for partition of real estate( E A person having the right to compel the partitionof real estate may do so as in this ule, setting forth in his complaint the nature and e%tent of his title and anadeCuate description of the real estate of which partition is demanded and joining as defendants all the otherpersons interested in the property(

"=IO# *( Order for partition, and partition by agreement thereunder( E If after the trial the court finds thatthe plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interest(=hereupon the parties may, if they are able to agree, make the partition among themselves by proper instrumentsof conveyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition,

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together with the order of the court confirming the same, shall be recorded in the registry of deeds of the place inwhich the property is situated(

A final order decreeing petition and accounting may be appealed by any party aggrieved thereby(

"=IO# +( "ommissioners to make partition when parties fail to agree( E If the parties are unable to agreeupon the partition, the court shall appoint not more than three $+& competent and disinterested persons as

commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest suchpart and proportion of the property as the court shall direct(

"=IO# -( Oath and duties of commissioners( E !efore making such partition, the commissioners shall takeand subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed incourt with the other proceedings in the case( In making the partition, the commissioners shall view and e%aminethe real estate, after due notice to the parties to attend at such view and e%amination, and shall hear the partiesas to their preference in the portion of the property to be set apart to them and the comparative value thereof, andshall set apart the same to the parties in lots or parcels as will be most advantageous and eCuitable, having dueregard to the improvements, situation and Cuality of the different parts thereof(

"=IO# 0( Assignment or sale of real estate by commissioners( E 8hen it is made to appear to thecommissioners that the real estate, or a portion thereof, cannot be divided without prejudice to the interests of theparties, the court may order it assigned to one of the parties willing to take the same, provided he pays to theother parties such amounts of the commissioners deem eCuitable, unless one of the interested parties asks thatthe property be sold instead of being so assigned, in which case the court shall order the commissioners to sell thereal estate at public sale under such conditions and within such time as the court may determine(

"=IO# 6( eport of commissioners: proceedings not binding until confirmed( E =he commissioners shallmake a full and accurate report to the court of all their proceedings as to the partition, or the assignment of realestate to one of the parties, or the sale of the same( 1pon the filing of such report, the clerk of court shall servecopies thereof on all the interested parties with notice that they are allowed ten $'>& days within which to fileobjections to the findings of the report, if they so desire( #o proceeding had before or conducted by thecommissioners shall pass the title to the property or bind the parties until the court shall have accepted the reportof the commissioners and rendered judgment thereon(

"=IO# 9( Action of the court upon commissionersF report( E 1pon the e%piration of the period of ten $'>&days referred to in the preceding section, or even before the e%piration of such period but after the interestedparties have filed their objections to the report or their statement of agreement therewith, the court may, uponhearing, accept the report and render judgment in accordance therewith: or, for cause shown, recommit the sameto the commissioners for further report of facts: or set aside the report and appoint new commissioners: or acceptthe report in part and reject it in part: and may make such order and render such judgment as shall effectuate afair and just partition of the real estate, or of its value, if assigned or sold as above provided, between the severalowners thereof(

"=IO# B( Accounting for rent and profits in action for partition( E In an action for partition in accordance

with this ule, a party shall recover from another his just share of rents and profits received by such other partyfrom the real estate in Cuestion, and the judgment shall include an allowance for such rents and profits(

"=IO# D( )ower of guardian in such proceedings( E =he guardian or guardian ad litem of a minor or personjudicially to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward anyact, matter, or thing respecting the partition of real estate, which the minor or person judicially declared to beincompetent could do in partition proceedings if he were of age or competent(

"=IO# '>( "osts and e%penses to be ta%ed and collected( E =he court shall eCuitably ta% and apportionbetween or among the parties the costs and e%penses which accrue in the action, including the compensation ofthe commissioners, having regard to the interests of the parties and e%ecution may issue therefor as in othercases(

"=IO# ''( =he judgment and its effect: copy to be recorded in registry of deeds( E If actual partition ofproperty is made, the judgment shall state definitely, by metes and bounds and adeCuate description, theparticular portion of the real estate assigned to each party, and the effect of the judgment shall be to vest in eachparty to the action in severalty the portion of the real estate assigned to him( If the whole property is assigned toone of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state

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the fact of such payment and of the assignment of the real estate to the party making the payment, and the effectof the judgment shall be to vest in the party making the payment the whole of the real estate free from anyinterest on the part of the other parties to the action( If the property is sold and the sale confirmed by the court,the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of realestate sold to each purchaser, and the effect of the judgment shall be to vest the real estate in the purchaser orpurchasers making the payment or payments, free from the claims of any of the parties to the action( A certifiedcopy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate

is situated, and the e%penses of such recording shall be ta%ed as part of the costs of the action(

"=IO# '*( #either paramount rights nor amicable partition affected by this ule( E #othing in this ulecontained shall be construed so as to prejudice, defeat, or destroy the right or title of any person claiming the realestate involved by title under any other person, or by title paramount to the title of the parties among whom thepartition may have been made: nor so as to restrict or prevent persons holding real estate jointly or in commonfrom making an amicable partition thereof by agreement and suitable instruments of conveyance without recourseto an action(

"=IO# '+( )artition of personal property( E =he provisions of this ule shall apply to partitions of estatescomposed of personal property, or of both real and personal property, in so far as the same may be applicable(

T8o stages o5 t7e action1. ue v. #$%, 1988

So6e decisions

8hen there was a prior partition, the fact that the share of each co;heir has not been technically described

and the title over the whole lot remains uncancelled does not negate such partition( =here can be no partitionagain because there is no more common property(!Coceda v. %$, 1999 Oral partition of land when the same is fully consummated is valid and binding upon the parties thereto(

$%rucillo v. #$%, 1999

Pec+liarity in Proceedings All co;owners must be impleaded, they are indispensable parties, hence when one is left out the judgment

of the court will not become final( Once left out, a co;owner may intervene whether or not there is a judgmentrendered( $1nlike in ordinary civil actions where intervention is allowed only when there is no judgment yet&

Admits multiple appeals

Appointment of commissioners is mandatory

"orci9le Entry and (nla85+l Detainer%+le 24$"=IO# '( 8ho may institute proceedings, and when( E ubject to the provisions of the ne%t succeedingsection, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or

stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building isunlawfully withheld after the e%piration or termination of the right to hold possession, by virtue of any contract,e%press or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person,may, at any time within one $'& year after such unlawful deprivation or withholding of possession, bring an actionin the proper Municipal =rial "ourt against the person or person unlawfully withholding or depriving of possession,or any person or persons claiming under them, for the restitution of such possession, together with damages andcosts(

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"=IO# *( 5essor to proceed against lessee only after demand( E 1nless otherwise stipulated, such action bythe lessor shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate ismade upon the lessee, or by serving written notice of such demand upon the person found on the premises, or byposting such notice on the premises if no person be found thereon, and the lessee fails to comply therewith afterfifteen $'0& days in the case of land or five $0& days in the case of buildings(

"=IO# +( ummary procedure( E %cept in cases covered by the agricultural tenancy laws or when the law

otherwise e%pressly provides, all actions for forcible entry and unlawful detainer, irrespective of the amount ofdamages or unpaid rentals sought to be recovered, shall be governed by the summary procedure hereunderprovided(

"=IO# -( )leadings allowed( E =he only pleadings allowed to be filed are the complaint, compulsorycounterclaim and cross;claim pleaded in the answer, and the answers thereto( All pleadings shall be verified(

"=IO# 0( Action on complaint( E =he court may, from an e%amination of the allegations in the complaint andsuch evidence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of acivil action which are apparent therein( If no ground for dismissal is found, it shall forthwith issue summons(

"=IO# 6( Answer( E 8ithin ten $'>& days from service of summons, the defendant shall file his answer to thecomplaint and serve a copy thereof on the plaintiff( Affirmative and negative defenses not pleaded therein shall bedeemed waived, e%cept lack of jurisdiction over the subject matter( "ross;claims and compulsory counterclaims notasserted in the answer shall be considered barred( =he answer to counterclaims or cross;claims shall be served andfiled within ten $'>& days from service of the answer in which they are pleaded(

"=IO# 9( ffect of failure on answer( E hould the defendant fail to answer the complaint within the periodabove provided, the court motu proprio or on motion of the plaintiff, shall render judgment as may be warrantedby the facts alleged in the complaint and limited to what is prayed for therein( =he court may in its discretionreduce the amount of damages and attorneyFs fees claimed for being e%cessive or otherwise unconscionable,without prejudice to the applicability of section + $c&, ule D if there are two or more defendants(

"=IO# B( )reliminary conference: appearance of parties( E #ot later than thirty $+>& days after the lastanswer is filed, a preliminary conference shall be held( =he provisions of ule 'B on pre;trial shall be applicable tothe preliminary conference unless inconsistent with the provisions of this ule(

=he failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaint(=he defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim inaccordance with the ne%t preceding section( All cross;claims shall be dismissed( $9, )&

If a sole defendant shall fail to appear, the plaintiff shall likewise be entitled to judgment in accordance with thene%t preceding section( =his procedure shall not apply where one of two or more defendants sued under a commoncause of action who had pleaded a common defense shall appear at the preliminary conference(

#o postponement of the preliminary conference shall be granted e%cept for highly meritorious grounds and without

prejudice to such sanctions as the court in the e%ercise of sound discretion may impose on the movant(

"=IO# D( ecord of preliminary conference( E 8ithin five $0& days after the termination of the preliminaryconference, the court shall issue an order stating the matters taken up therein, including but not limited to@

'( 8hether the parties have arrived at an amicable settlement, and if so, the terms thereof:*( =he stipulations or admissions entered into by the parties:

+( 8hether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment maybe rendered without the need of further proceedings, in which event the judgment shall be rendered within thirty$+>& days from issuance of the order:-( A clear specification of material facts which remain controverted: and0( uch other matters intended to e%pedite the disposition of the case(

"=IO# '>( ubmission of affidavits and position papers( E 8ithin ten $'>& days from receipt of the ordermentioned in the ne%t preceding section, the parties shall submit the affidavits of their witnesses and otherevidence on the factual issues defined in the order, together with their position papers setting forth the law and thefacts relied upon by them(

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"=IO# ''( )eriod for rendition of judgment( E 8ithin thirty $+>& days after receipt of the affidavits andposition papers, or the e%piration of the period for filing the same, the court shall render judgment(

Jowever, should the court find it necessary to clarify certain material facts, it may, during the said period, issue anorder specifying the matters to be clarified, and reCuire the parties to submit affidavits or other evidence on thesaid matters within ten $'>& days from receipt of said order( Ludgment shall be rendered within fifteen $'0& daysafter the receipt of the last affidavit or the e%piration of the period for filing the same(

=he court shall not resort to the foregoing procedure just to gain time for the rendition of the judgment(

"=IO# '*( eferral for conciliation( E "ases reCuiring referral for conciliation, where there is no showing ofcompliance with such reCuirement, shall be dismissed without prejudice, and may be revived only after thatreCuirement shall have been complied with(

"=IO# '+( )rohibited pleadings and motions( E =he following petitions, motions, or pleadings shall not beallowed@

'( Motion to dismiss the complaint e%cept on the ground of lack of jurisdiction over the subject matter, or failure tocomply with section '*: $#ote@ emedy of defendant is to file an answer alleging the ground as affirmativedefense&*( Motion for a bill particulars:+( Motion for new trial, or for reconsideration of a judgment, or for reopening of trial:-( )etition for relief from judgment:0( Motion for e%tension of time to file pleadings, affidavits or any other paper:6( Memoranda:9( )etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court:B( Motion to declare the defendant in default:D( 2ilatory motions for postponement:'>( eply:''( =hird;party complaints:'*( Interventions(

"=IO# '-( Affidavits( E =he affidavits reCuired to be submitted under this ule shall state only facts of directpersonal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify tothe matters stated therein(

A violation of this reCuirement may subject the party or the counsel who submits the same to disciplinary action,and shall be cause to e%punge the inadmissible affidavit or portion thereof from the record(

"=IO# '0( )reliminary injunction( E =he court may grant preliminary injunction, in accordance with theprovisions of ule 0B hereof, to prevent the defendant from committing further acts of dispossession against theplaintiff(

A possessor deprived of his possession through forcible entry or unlawful detainer may, within five $0& days fromthe filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance ofa writ of preliminary mandatory injunction to restore him in his possession( =he court shall decide the motionwithin thirty $+>& days from the filing thereof(

"=IO# '6( esolving defense of ownership( E 8hen the defendant raises the defense of ownership in his

pleadings and the Cuestion of possession cannot be resolved without deciding the issue of ownership, the issue ofownership shall be resolved only to determine the issue of possession(

"=IO# '9( Ludgment( E If after trial the court finds that the allegations of the complaint are true, it shallrender judgment in favor of the plaintiff for the restitution of the premises, the sum justly due as arrears of rent oras reasonable compensation for the use and occupation of the premises, attorneyFs fees and costs( If it finds thatsaid allegations are not true, it shall render judgment for the defendant to recover his costs( If a counterclaim isestablished, the court shall render judgment for the sum found in arrears from either party and award costs asjustice reCuires(

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"=IO# 'B( Ludgment conclusive only on possession: not conclusive in actions involving title or ownership( E=he judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possessiononly and in no wise bind the title or affect the ownership of the land or building( uch judgment shall not bar anaction between the same parties respecting title to the land or building(

=he judgment or final order shall be appealable to the appropriate egional =rial "ourt which shall decide the sameon the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs

may be submitted by the parties or reCuired by the egional =rial "ourt(

"=IO# 'D( Immediate e%ecution of judgment: how to stay same( E If judgment is rendered against thedefendant, e%ecution shall issue immediately upon motion, unless an appeal has been perfected and the defendantto stay e%ecution files a sufficient supersedeas bond, approved by the Municipal =rial "ourt and e%ecuted in favor ofthe plaintiff to pay the rents, damages, and accruing down to the time of the judgment appealed from, and unless,during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to timeunder the contract, if any, as determined by the judgment of the Municipal =rial "ourt( In the absence of acontract, he shall deposit with the egional =rial "ourt the reasonable value of the use and occupation of thepremises for the preceding month or period at the rate determined by the judgment of the lower court on or beforethe tenth day of each succeeding month or period( =he supersedeas bond shall be transmitted by the Municipal=rial "ourt, with the other papers, to the clerk of the egional =rial "ourt to which the action is appealed(

All amounts so paid to the appellate court shall be deposited with said court or authoriKed government depositary

bank, and and shall be held there until the final disposition of the appeal, unless the court, by agreement of theinterested parties, or in the absence of reasonable grounds of opposition to a motion to withdraw, or for justifiablereasons, shall decree otherwise( hould the defendant fail to make the payments above prescribed from time totime during the pendency of the appeal, the appellate court, upon motion of the plaintiff, and upon proof of suchfailure, shall order the e%ecution of the judgment appealed from with respect to the restoration of possession, butsuch e%ecution shall not be a bar to the appeal taking its course until the final disposition thereof on the merits(

After the case is decided by the egional =rial "ourt, any money paid to the court by the defendant for purposes ofthe stay of e%ecution shall be disposed of in accordance with the provisions of the judgment of the egional =rial"ourt( In any case wherein it appears that the defendant has been deprived of the lawful possession of land orbuilding pending the appeal by virtue of the e%ecution of the judgment of the Municipal =rial "ourt damages forsuch deprivation of possession and restoration of possession may be allowed the defendant in the judgment of theegional =rial "ourt disposing of the appeal(

"=IO# *>( )reliminary mandatory injunction in case of appeal( E 1pon motion of the plaintiff, within ten $'>&days from the perfection of the appeal to the egional =rial "ourt, the latter may issue a writ of preliminarymandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendantFs appeal isfrivolous or dilatory, or that the appeal of the plaintiff is prima facie meritorious(

"=IO# *'( Immediate e%ecution on appeal to "ourt of Appeals or upreme "ourt( E =he judgment of theegional =rial "ourt against the defendant shall be immediately e%ecutory, without prejudice to a further appealthat may be taken therefrom(

Accion Interdictal Accion P+9liciana Accion %einvindicatoria

ummary Action for recovery ofphysical possession where thedispossession has not lasted formore than ' year

)lenary Action for the recovery ofreal right of possession when thedispossession has lasted for morethan ' year

Action for recovery of ownership)51 possession

Lurisdiction@ M=" regardless of valueof property

="@ Nalue e%ceeds )*>? or )0>? inMetro ManilaM="@ if does not e%ceed the aboveamounts

="@ Nalue e%ceeds )*>? or )0>? inMetro ManilaM="@ if does not e%ceed the aboveamounts

Nat+re o5 accion interdictalIt is@$'& a special civil action involving a realty:$*& subject to the ules on ummary )rocedure:$+& under the original e%clusive jurisdiction of first level courts:

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http://www.supremecourt.gov.ph/elibrary/benchbook/Civ_Pro/cvpro_part_3_Ii.htm#naturehttp://www.supremecourt.gov.ph/elibrary/benchbook/Civ_Pro/cvpro_part_3_Ii.htm#nature


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$-& nature of the action is determined by the allegation of the complaint and the character of the relief sought:$$brin v. %ampos, 1991and$0& one co;owner may institute the action(

I66ediate e=ec+tion and 7o8 to stay itA decision ejecting the defendant in a forcible entry or unlawful detainer case is immediately e%ecutory( !ut the

judge should not order immediate e%ecution in his decision( !0u v. ;iapno, ?FFF=here must be notice of thejudgment $th& day of each succeeding month($ules of "ourt, ule 9>, ec( 'D& !ut upon motion of the plaintiff within ten$'>& days from the perfection of the appeal to the egional =rial "ourt, the court may still issue a preliminarymandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendant&

#ote@ .iling of supersedeas bond is only when there is a judgment on payment of back rentals( =he supersedeasbond does not cover attorneyuino, 199F& If demand is made upon the person found on

the premises, it must be done by serving upon him notice of such demand or by posting such notice on thepremises if no person be found thereon( $ules of "ourt, ule 9>, ec( *&8hen failure to pay rent or comply with the condition of lease is the ground for ejectment, plaintiff should give

two $*& demands@$'& demand to pay rental or comply with conditions of the lease and if this is not complied with,

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http://www.supremecourt.gov.ph/elibrary/benchbook/Civ_Pro/cvpro_part_3_Ii.htm#immediatehttp://www.supremecourt.gov.ph/elibrary/benchbook/Civ_Pro/cvpro_part_3_Ii.htm#importanthttp://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://www.supremecourt.gov.ph/elibrary/benchbook/Civ_Pro/cvpro_part_3_Ii.htm#immediatehttp://www.supremecourt.gov.ph/elibrary/benchbook/Civ_Pro/cvpro_part_3_Ii.htm#importanthttp://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425http://127.0.0.1:7860/elibrary/benchbook/Civ_Pro/bench_topframe.cfm@s=detail&nav=content&ID=425


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$*& demand to vacate within fifteen $'0& days in case of land or five $0& days in case of buildings from noticethereof( =he two $*& demands may be embodied in one $'& letter(!Dobel v. $breu, 19&2emand to pay or complymakes lessee a deforciant while demand to pay and vacate is a reCuirement for filing the action for unlawfuldetainer(

8hen the lease has e%pired, there is no need of prior demand to vacate( =he lessor can immediately filean action for ejectment( 2emand is necessary only when the ground for ejectment is failure to pay rent or comply

with the conditions of the lease(!%o /iamco v.


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2e 5aureano v( Adil, 9* "A '-B; If the unlawful detainer judgment does not award rentals, there is no needto post a supersedeas bond as it is reCuired only when there are rentals in arrears awarded( =he attorney


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be suspended pending resolution of such petition, provided such person files a bond fi%ed by the court whichrendered the judgment and conditioned that he will abide by and perform the judgment should the petition bedecided against him(

"=IO# +( Indirect contempt to be punished after charge and hearing( E After charge in writing has beenfiled, and an opportunity given to the respondent to comment thereon within such period as may be fi%ed by thecourt and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for

indirect contempt@$a& Misbehavior of an officer of a court in the performance of his official duties or in his official transactions:$b& 2isobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of aperson who, after being dispossessed or ejected from any real property by the judgment or process of any court ofcompetent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for thepurpose of e%ecuting acts of ownership or possession, or in any manner disturbs the possession given to theperson adjudged to be entitled thereto:$c& Any abuse of or any unlawful interference with the process or proceedings of a court not constituting directcontempt under section ' of this ule:$d& Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration ofjustice:$e& Assuming to be an attorney or an officer of a court, and acting as such without authority:$f& .ailure to obey a subpoena duly served:$g& =he rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an orderor process of a court held by him(

!ut nothing in this section shall be so construed as to prevent the court from issuing process to bring therespondent into court, or from holding him in custody pending such proceedings(

"=IO# -( Jow proceedings commenced( E )roceedings for indirect contempt may be initiated motu proprioby the court against which the contempt was committed by an order or any other formal charge reCuiring therespondent to show cause why he should not be punished for contempt(

In all other cases, charges for indirect contempt shall be commenced by a verified petition with supportingparticulars and certified true copies of documents or papers involved therein, and upon full compliance with thereCuirements for filing initiatory pleadings for civil actions in the court concerned( If the contempt charges aroseout of or are related to a principal action pending in the court, the petition for contempt shall allege that fact butsaid petition shall be docketed, heard and decided separately, unless the court in its discretion orders the

consolidation of the contempt charge and the principal action for joint hearing and decision(

"=IO# 0( 8here charge to be filed( E 8here the charge for indirect contempt has been committed against aegional =rial "ourt or a court of eCuivalent or higher rank, or against an officer appointed by it, the charge may befiled with such court( 8here such contempt has been committed against a lower court, the charge may be filedwith the egional =rial "ourt of the place in which the lower court is sitting: but the proceedings may also beinstituted in such lower court subject to appeal to the egional =rial "ourt of such place in the same manner asprovided in section '' of this ule(

"=IO# 6( Jearing: release on bail( E If the hearing is not ordered to be had forthwith, the respondent maybe released from custody upon filing a bond, in an amount fi%ed by the court, for his appearance at the hearing ofthe charge( On the day set therefor, the court shall proceed to investigate the charge and consider such comment,testimony or defense as the respondent may make or offer(

"=IO# 9( )unishment for indirect contempt( E If the respondent is adjudged guilty of indirect contemptcommitted against a egional =rial "ourt or a court of eCuivalent or higher rank, he may be punished by a fine note%ceeding thirty thousand pesos or imprisonment not e%ceeding si% $6& months, or both( If he is adjudged guilty ofcontempt committed against a lower court, he may be punished by a fine not e%ceeding five thousand pesos orimprisonment not e%ceeding one $'& month, or both( If the contempt consists in the violation of a writ ofinjunction, temporary restraining order or status Cuo order, he may also be ordered to make complete restitutionto the party injured by such violation of the property involved or such amount as may be alleged and proved(

=he writ of e%ecution, as in ordinary civil actions, shall issue for the enforcement of a judgment imposing a fineunless the court otherwise provides(

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"=IO# B( Imprisonment until order obeyed( E 8hen the contempt consists in the refusal or omission to doan act which is yet in the power of the respondent to perform, he may be imprisoned by order of the courtconcerned until he performs it(

"=IO# D( )roceeding when party released on bail fails to answer( E 8hen a respondent released on bail failsto appear upon the day fi%ed for the hearing, the court may issue another order of arrest or may order the bondfor his appearance to be forfeited and confiscated, or both: and, if the bond be proceeded against, the measure of

damages shall be the e%tent of the loss or injury sustained by the aggrieved party by reason of the misconduct forwhich the contempt charge was prosecuted with the costs of the proceedings, and such recovery shall be for thebenefit of the party injured( !ut if there is no aggrieved party, the bond shall be liable and disposed of as incriminal cases(

"=IO# '>( "ourt may release respondent( E =he court which issued the order imprisoning a person forcontempt may discharge him from imprisonment when it appears that public interest will not be prejudiced by hisrelease(

"=IO# ''( eview of judgment or final order: bond for stay( E =he judgment or final order of a court in a caseof indirect contempt may be appealed to the proper court in c

Special Civil Actions(1)

Documents

Transcript of Special Civil Actions(1)