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    Legal Ethics Syllabus 2018

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    Little Girlblue
    This document outlines various special civil actions under Philippine law, including interpleader, declaratory relief, review of judgments, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure, partition, forcible entry, unlawful detainer, and contempt. It provides details on the nature, jurisdiction, venue, requisites, and procedures for each type of special civil action.

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    © All Rights Reserved
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    Legal Ethics Syllabus 2018

    Uploaded by

    Little Girlblue
    33 views6 pages
    This document outlines various special civil actions under Philippine law, including interpleader, declaratory relief, review of judgments, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure, partition, forcible entry, unlawful detainer, and contempt. It provides details on the nature, jurisdiction, venue, requisites, and procedures for each type of special civil action.

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    This document outlines various special civil actions under Philippine law, including interpleader, declaratory relief, review of judgments, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure, partition, forcible entry, unlawful detainer, and contempt. It provides details on the nature, jurisdiction, venue, requisites, and procedures for each type of special civil action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views6 pages

    Legal Ethics Syllabus 2018

    Uploaded by

    Little Girlblue
    This document outlines various special civil actions under Philippine law, including interpleader, declaratory relief, review of judgments, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure, partition, forcible entry, unlawful detainer, and contempt. It provides details on the nature, jurisdiction, venue, requisites, and procedures for each type of special civil action.

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    © All Rights Reserved
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    of 6

    V.

    SPECIAL CIVIL ACTIONS

    A. General matters

    1. Nature of special civil actions


    An action which has reference to special matters requiring special procedure

    2. Ordinary civil actions versus special civil actions


    ORDINARY SPECIAL
    Ordinary rules Governed by ordinary rules but
    subject to special rules
    Based on a cause of action Not all are based on a cause of action
    Initiated by complaint By petition or complaint

    3. Jurisdiction and venue


    ACTION JURISDICTION VENUE
    Interpleader Depends on assessed Where
    value/ amount of claim
    MTC
    RTC
    Declaratory relief
    Review of judgments and
    final orders or resolutions
    of the COMELEC and
    COA.

    Certiorari
    prohibition
    mandamus
    Quo warranto

    Expropriation

    Foreclosure of real estate


    mortgage

    Partition
    FORCIBLE ENTRY
    UNLWAFUL DETAINER
    Contempt
    A. Interpleader

    1. Requisites for interpleader


    Plaintiff claims no interest in the subject matter
    Parties interpleaded must have conflicting claims to the property in custody or
    possession of the plaintiff
    Subject matter of the adverse claims must be one and the same

    2. When to file
    Within a reasonable time after the dispute has arise without waiting to be sued by
    either of the conflicting claimants
    JURISDICTION:
    Depends on assessed value/ amount of claim
    MTC
    RTC

    VENUE
    Personal
    Real

    B. Declaratory relief and similar remedies

    1. Who may file the action


    Any person interested in the deed, contract, will or other written instrument
    Any person whose rights are affected by a statute or other governmental
    regulation

    2. Requisites of an action for declaratory relief


    Subject matter of the controvery->deed,will,contract or other written instruments
    or whose rights are affected by a statute, EO, ordinance or other governmental
    regulation
    Actual or Justiciable controversy
    No breach of the documents in question
    Terms and validity of said document is doubtful and require judicial construction
    Issue is ripe for determination (ex. All admin remedies have been exhausted)
    No other adequate relief

    3. When may the court refuse to make judicial declaration


    1. The decision will not terminate the controversy or uncertainty giving rise to
    the action
    2. The declaration or construction is not necessary and proper under the
    circumstances.
    EXCEPTION:
    This provision does not apply in actions falling under the 2nd paragraph of sec.1 Rule 63 because
    in actions for reformation of instrument, quieting of title and consolidation of ownership. The court
    is bound to render a decision.

    4. Conversion to ordinary action


    When is conversion proper?
    If before the final termination of a case, a breach or the violation of the instrument
    or statute occurs
    The law does not require that there shall be an actual pending case. It is
    sufficient that there is breach.

    5. Proceedings considered as similar remedies

    a) Reformation of an instrument

    b) Consolidation of ownership

    c) Quieting of title to real property

    C. Review of judgments and final orders or resolutions of the COMELEC and COA.

    1. Application of Rule 65 under Rule 64

    2. Distinction in the application of Rule 65 to judgments of the COMELEC and COA


    and the application of Rule 65 to other tribunals, persons, and officers

    D. Certiorari, prohibition and mandamus

    1. Definitions and distinctions

    a) Certiorari distinguished from appeal by certiorari


    Certiorari appeal by certiorari

    Jurisdictional issues Question of law


    Original jurisdiction Appellate jurisdiction
    MR is a pre- requisite MR is not a pre requisite
    Does not stay Stays the judgment or final order

    a) Prohibition and mandamus distinguished from injunction


    Prohibition injunction
    Always the main action Main action/provisional remedy
    Directed against a court tribunal Directed against the party
    or person exercising judicial,
    quasi judicial or ministerial
    function
    Commands respondent to desist
    from proceeding in the action

    2. Requisites

    3. When petition for certiorari, prohibition or mandamus is proper

    4. Injunctive Relief

    5. Exceptions to filing of motion for reconsideration before


    filing petition

    6. Reliefs petitioner is entitled to

    7. Actions/Omissions of MTC/RTC in election cases

    8. When and where to file petition

    9. Effects of filing of an unmeritorious petition

    F. Quo warranto

    1. Distinguished from quo warranto under the Omnibus Election Code

    2. When can the government commence an action against


    individuals

    3. When can an individual commence an action

    4. Judgment in quo warranto action

    5. Rights of a person adjudged entitled to public office

    G. Expropriation

    1. Matters to allege in complaint for expropriation

    2. Two stages in every action for expropriation

    3. When plaintiff can immediately enter into possession of the real property, in
    relation to RA No. 8974

    4. New system of immediate payment of initial just compensation

    5. Defenses and objections

    6. Order of expropriation

    7. Ascertainment of just compensation

    8. Appointment of Commissioners; Commissioners’ report; Court action upon


    Commissioners’ report
    9. Rights of plaintiff after judgment and payment

    10. Effect of entry of judgment

    H. Foreclosure of real estate mortgage

    1. Judgment on foreclosure for payment or sale

    2. Sale of mortgaged property; effect

    3. Disposition of proceeds of sale

    4. Deficiency judgment
    a) Instances when court cannot render deficiency judgment

    5. Judicial foreclosure versus extrajudicial foreclosure

    6. Equity of redemption versus right of redemption

    I. Partition

    1. Who may file complaint; who should be joined as defendants

    2. Matters to allege in the complaint for partition

    3. Two stages in every action for partition

    4. Order of partition and partition by agreement

    5. Partition by commissioners; Appointment of commissioners; Commissioners’


    report; Court action upon commissioners’ report

    6. Judgment and its effects

    7. Partition of personal property

    8. Prescription of action

    J. Forcible entry and unlawful detainer

    1. Definition and distinction

    2. Distinguished from accion publiciana and accion reivindicatoria

    3. How to determine jurisdiction in accion publiciana and accion reivindicatoria

    4. Who may institute the action and when; against whom may the action be
    maintained

    5. Pleadings allowed

    6. Action on the complaint

    7. When demand is necessary

    8. Preliminary injunction and preliminary mandatory injunction

    9. Resolving defense of ownership


    10. How to stay the immediate execution of judgment

    K. Contempt

    1. Kinds of contempt

    2. Purpose and nature of each

    3. Remedy against direct contempt; penalty

    4. Remedy against indirect contempt; penalty

    5. How contempt proceedings are commenced

    6. Acts deemed punishable as indirect contempt

    7. When imprisonment shall be imposed

    8. Contempt against quasi-judicial bodies

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