I.

GENERAL PRINCIPLES
A. LIST OF SPECIAL CIVIL ACTIONS AND HOW INITIATED
Special Civil Actions Initiated by Complaints Special Civil Actions Initiated by Petitions

Partition Declaratory Relief

Interpleader Review of Adjudication of COMELEC or COA
Expropriation Certiorari
Foreclosure of Real Estate Mortgage Mandamus
Forcible Entry and Unlawful Detainer Prohibition
Quo Warranto
Contempt

B. COMPARATIVE TABLE
Ordinary Civil Actions Special Civil Actions Special Proceedings
A party sues another for the A civil action subject to specific It is a remedy by which a party
enforcement or protection of a or special rules seeks to establish a status, right,
right or the prevention or or a particular fact
redress of a wrong
Governed by the rules for Ordinary rules apply primarily Governed by the special rules
ordinary civil actions but subject to the specific rules and ordinary rules apply
suppletorily
Involves two or more parties Involves two or more parties May involve only one party
Initiated by a complaint Some are initiated by a Initiated by petition
complaint; some by petition
Based on a cause of action Some special civil actions have Not based on cause of action
no cause of action (except habeas data)

C. SUMMARY TABLE OF SPECIAL CIVIL ACTIONS, VENUE

AND JURISDICTION
Venue Jurisdiction
Interpleader Plaintiff’s or Defendant’s Residence MTC – value of claim or personal
property does not exceed P300K
outside Metro Manila or
MeTC – does not exceed P400K in
Metro Manila;

MTC - if real property: does not

exceed P20K and the case is filed
outside Metro Manila
MeTC – does not exceed P50K in
Metro Manila

RTC – if the value exceeds the

amounts above or if exclusively
within RTC’s jurisdiction i.e.
incapable of pecuniary estimation

Declaratory Relief Petitioner’s or Respondent’s Residence GR: RTC, because it is incapable of

pecuniary estimation.

XPN: If the petition has far-reaching

implications and it raises questions
that should be resolved, it may be
treated as one for prohibition or for
mandamus, which the SC and CA may
 take cognizance

NOTE: Where the action is one for

quieting of titile the jurisdiction will
depend upon the assessed value of
the property.

Certiorari, RTC of the place where the respondent is RTC, CA, SC, Sandiganbayan in aid of
Prohibition and situated its appellate jurisdiction
Mandamus -if filed with the Sandiganbayan, location
of the respondent is immaterial
Quo Warranto RTC of the place where the respondent or RTC, CA, SC
any of the respondents resides
QUO WARRANTO UNDER RULE 66
-if filed with the CA, SC or Sandiganbayan has exclusive
Sandiganbayan, location of respondent is orgiginal jurisdiction on quo
immaterial warranto arising or that may arise in
cases filed under EO No. 1,2,14,14-A
-if SolGen commenced the action, it but this must be in aid of its
should be with the RTC-Manila or CA, or appellate jurisdiction and not
SC or Sandiganbayan exclusive of the SC

Sandiganbayan has exclusive original QUO WARRANTO UNDR THE OMNIBUS

jurisdiction on quo warranto cases filed ELECTION CODE
by the PCGG Comelec, RTC OR MTC as the case
may be
Location of the real property or a portion RTC – incapable of pecuniary
Expropriation thereof; estimation
If personal property, plaintiff’s or
defendant’s residence
Location of Real Property or a portion RTC – incapable of pecuniary
Foreclosure of Real thereof estimation
Estate Mortgage
MTC OR RTC- an action to forclose a
rem may also be considered an
action involving interest in real
property. under B.P. 129, as
amended, where the action is one
“involving title to, or possession of,
real property or any interest
therein, jurisdiction depends on the
assessed value (MTC: not more than
20k or in Metro Manila not more that
50K; mortgage debt not more than
300k or in Metro Manila not more
than 400k, othwerwise the action
shall be filed in RTC (Riano/ Feria
and Noche 2007)

Partition Location of Real Property or a portion RTC – incapable of pecuniary

thereof (IF SEVERAL DISCTINCT PARCELS estimation
OF LAND ARE IN DIFF PROVINCES, VENUE
MAY BE IN RTC OF ANY OF SAID However, an action for partition of
PROVINCES); If personal property, real property also involves “interest
plaintiff’s or defendant’s residence in real property.” All civil actions
involving title to, or possession of,
real property or any interest
therein, the jurisdction depend on
the assessed value. (Sec 19(2) of BP
129 as amended)
 MTC – personal property not more
than 300K and in Metro Manila not
more than 400K; real property not
more than 20K and in metro manila
not more than 50K. beyond these,
RTC. (Feria cited by Riano)

Forcible Entry and Location of the Property MTC

Unlawful Detainer

Contempt Where the court involved is sitting MTC, RTC, CA or SC

II. Interpleader respect of one’s liability. (Beltran v.
People’s Homesite, G.R. No L-25138, August
Sec 1. When interpleader proper, Rule 62 28, 1969)
Whenever conflicting claims upon the same subject 2. To compel conflicting claimants to
matter are or may be made against a person who interplead and litigate their several claims
claims no interest whatever in the subject matter, or among themselves
an interest which in whole or in part is not disputed
by the claimants, he may bring an action against the
conflicting claimants to compel them to interplead
B. WHEN TO FILE
and litigate their several claims among themselves. GENERAL RULE: Within a reasonable time. An
action for interpleader should be filed within a
INTERPLEADER, defined. reasonable time after a dispute has arisen
without waiting to be sued by either of the
A special civil action whereby a person who has contending parties. Otherwise, it may be barred
property in his possession or an obligation to by laches. (Wack Wack Golf & Country Club v.
render, wholly or partially, without claiming any Lee Won, G.R. No. L-23851(1976)
right therein, or an interest, which in whole or
in part is not disputed by the claimants, comes EXCEPTION: Where the stakeholder acts with
to court and asks that the person who consider reasonable diligence in view of environmental
themselves entitled to demand compliance with circumstances, the remedy is not barred. (Wack
the obligation be required to litigate among Wack Golf & Country Club v. Lee Won, G.R. No.
themselves in order to determine finally who is L-23851(1976)
entitled to the same. (Alvarez v.
Commonwealth, 65 Phil 302) Sec. 2. Order, Rule 62

Upon the filing of the complaint, the court shall issue

A. REQUISITES FOR an order requiring the conflicting claimants to
interplead with one another. If the interests of
INTERPLEADER justice so require, the court may direct in such order
1. The plaintiff claims no interest in the that the subject matter be paid or delivered to the
subject matter, or if he has an interest, his court.
claim is not disputed;
2. There must be at least 2 or more conflicting When the court orders for the claimants to
claimants; litigate among themselves, there arises in
3. The conflicting claims are made against the reality a new action and the former are styled
same person (plaintiff); interpleaders, and the pleading which initiates
4. The subject matter must be one and the the action is called the complaint of
same (and derived from the same source). interpleader and not a cross-complaint (Alvarez
vs. Commonwealth, G.R. No. L-45315, February
25, 1938)
WHO MUST BRING THE ACTION
Q: How is an interpleader action dismissed on
The person against whom the conflicting claims the ground of impropriety?
are made
A: the ground of impropriety of the filing of a
A disinterested person who: complaint for interpleader specified in Sec. 4 of
1. Has no claim of any right in the property or
the obligation to be performed, or Rule 62 is a special and separate ground that is
2. Claims an interest, but which, in whole or not found in Rule 16.
in part, is not disputed by claimants
For an interpleader to be proper, the
Plaintiff should show that he has not become requirements of Sec. 1 of Rule 62 should be
independently liable to any of the claimants. complied with.
(Wack Wack Golf v. Won, G.R. No. L-23851,
March 26, 1976) Where the allegations in the complaint do not
show conflicting claims b/w or among the
persons required to interplead, the complaint is
PURPOSE OF INTERPLEADER subject to dismissal on the ground of
1. The remedy is afforded not to prtoect a impropriety of the interpleader.
person against double liability but to
protect him against double vexation in
III. Declaratory relief and Judicial decisions not included – there is a
separate mode for judicial decisions
similar remedies Petitioner must be able to show that he has
RULE 63 legal interest – must be alleged in the facts

WHO MAY FILE THE ACTION GENERAL RULE

Proof of ripeness for judicial determination –
Sec. 1. Who may file petition, Rule 63
show facts of justiciability and that it is not a
Any person interested under a deed, will, contract or political question
other written instrument, whose rights are affected
by a statute, executive order or regulation,
EXCEPTION
ordinance, or any other governmental regulation may,
before breach or violation thereof, bring an action in Expanded judicial review – grave abuse of
the appropriate Regional Trial Court to determine any discretion
question of construction or validity arising, and for a
declaration of his rights or duties, thereunder. A person not party to a contract cannot file
decaratory relief and seek judicial
An action for the reformation of an instrument, to interpretation of that contract (Atlas
quiet title to real property or remove clouds Consolidated Mining vs CA, 182 SCRA 166)
therefrom, or to consolidate ownership under Article
1607 of the Civil Code, may be brought under this SUBJECT MATTER IN DECLARATORY RELIEF:
Rule. Enumeration is exclusive
1. Deed
2. Will
REQUISITES: 3. Contract
4. Other written instrument
• The subject matter of the controversy must
5. Statute
be a deed, will, contract or other written
6. Executive order or regulation
instrument, statute, executive order or
7. Ordinance
regulation, or ordinance;
8. Other government regulation
• the terms of said documents and the
validity thereof are doubtful and require
judicial construction;
Sec. 2. Parties, Rule 63
• there must have been no breach of the
All persons who have or claim any interest which
documents in question;
would be affected by the declaration shall be made
• There must be an actual justiciable
parties; and no declaration shall, except as otherwise
controversy or the ripening seeds of one
provided in these Rules, prejudice the rights of
between persons whose interests are
persons not parties to the action.
adverse;
• the issue must be ripe for judicial Sec. 3. Notice on Solicitor General, Rule 63
determination; and
In any action which involves the validity of a statute,
• adequate relief is not available through executive order or regulation, or any other
other means or other forms of action or governmental regulation, the Solicitor General shall
proceeding. (Almeda v. Bathala Marketing be notified by the party assailing the same and shall
Industries, Inc) be entitled to be heard upon such question.
PURPOSES:
1. Determine petitioner’s interest or claim Solicitor General is entitled to notice because
over the subject matter he is the lawyer of the Republic. It is his duty to
2. Guide future actions, there being no breach defend all official acts of the govenrment like
or wrong laws and regulations
3. Avoid multiplicity of suits
Provision similar to Rule 3, Section 22. The
Action for declaratory relief should be brought difference is that in Rule 63, the statute is
before the RTC because the subject matter of challenged before any breach or violation. In
the petition raises issues which are not capable Rule 3, there is already a breach.
of pecuniary estimation (Ortega vs Quezon City
Government, G.R. No. 161400)
Sec. 4. Local government ordinances, Rule 63
In any action involving the validity of a local
 government ordinance, the corresponding prosecutor as may be necessary or proper.
or attorney of the local governmental unit involved
shall be similarly notified and entitled to be heard. If
such ordinance is alleged to be unconstitutional, the PROCEEDINGS
Solicitor General shall also be notified and entitled to
be heard. CONSIDERED AS SIMILAR
REMEDIES
If what is being questioned is the interpretation 1. Action for reformation of an instrument
or validity of a city or municipal ordinance, the 2. Consolidate ownership under Article 1607 of
one who will be notified is the office of the City the New Civil Code
Legal Officer. If in the province, notify the 3. Quiet title to real property or remove
municipal attorney, if there is one, or the clouds therefrom
provincial fiscal.
breach Not really actions for declaratory relief but
similar and can be filed under Rule 63

CONDITIONS WHEN THE

COURT MAY REFUSE TO
MAKE JUDICIAL
DECLARATION
1. When it would not terminate the
controversy or uncertainty which gave rise
to the action
2. When the declaration or construction is not
necessaary and proper

Sec. 5. Court action discretionary, Rule 63

Except in actions falling under the second
paragraph of section 1 of this Rule, the court,
motu proprio or upon motion, may refuse to
exercise the power to declare rights and to
construe instruments in any case where a decision
would not terminate the uncertainty or
controversy which gave rise to the action, or in
any case where the declaration or construction is
not necessary and proper under the
circumstances.

Discretionary upon the court whether or not

entertain declaratory relief because generally,
courts should not hear cases absent of any

CONVERSION TO ORDINARY
ACTION
Sec. 6. Conversion into ordinary action, Rule 63

If before the final termination of the case, a breach

or violation of an instrument or a statute, executive
order or regulation, ordinance, or any other
governmental regulation should take place, the action
may thereupon be converted into an ordinary action,
and the parties shall be allowed to file such pleadings
 Q: When should a declaratory relief be filed?
Q: What are the Similar Remedies which may be What is the purpose of the action?
brought under this Rule? A: An action for declaratory relief presupposes
A: An action for: that there has been no actual breach of the
(a) the Reformation of an Instrument, instruments involved or of the rights arising
(b) to Quiet Title to real property or thereunder. Since the purpose of an action for
Remove Clouds therefrom, or declaratory relief is to secure an authoritative
(c) to Consolidate Ownership under Article statement of the rights and obligations of the
1607 of the Civil Code, may be brought parties under a statute, deed, or contract for
under this Rule. (Section 1. Rule 63.) their guidance in the enforcement thereof, or
compliance therewith, and not to settle issues
arising from an alleged breach thereof, it may
Q: Who must be made parties in a petition for be entertained before the breach or violation of
Declaratory Relief? the statute, deed or contract to which it refers.
A: All persons who have or claim any interest (Aquino vs. Mun. of Malay, Aklan; Sept. 29,
which would be affected by the declaration 2014; Velasco, Jr.)
shall be made parties; and no declaration shall,
except as otherwise provided in these Rules, Q: Which court has jurisdiction over an action
prejudice the rights of persons not parties to for the reformation of an instrument, to quiet
the action. (Section 2. Rule 63.) title to real property or remove clouds
therefrom, or to consolidate ownership under
In any action which involves the validity of a
Rule 63?
statute, executive order or regulation, or any
other governmental regulation, the Solicitor A: For quieting of title, it depends on the value
General shall be notified by the party assailing of the property
the same and shall be entitled to be heard upon
such question. (Section 3. Rule 63.)
In any action involving the validity of a local
government ordinance, the corresponding IV. Review of Judgments
prosecutor or attorney of the local
governmental unit involved shall be similarly and final orders or
notified and entitled to be heard. If such
ordinance is alleged to be unconstitutional, the resolutions of the
Solicitor General shall also be notified and
entitled to be heard. (Section 4. Rule 63.)
Commission on Elections
Q: When is Court action discretionary in a and the Commission on
petition for Declaratory Relief?
A: Except in actions for the Reformation of an Audit
Instrument, to Quiet Title to real property or
Remove Clouds therefrom, or to Consolidate RULE 64
Ownership under Article 1607 of the Civil Code,
the court, motu proprio or upon motion, may
refuse to exercise the power to declare rights Section 1. Scope, Rule 64
and to construe instruments in any case where a
decision would not terminate the uncertainty or This Rule shall govern the review of judgments and
controversy which gave rise to the action, or in final orders or resolutions of the Commission on
any case where the declaration or construction Elections and the Commission on Audit.
is not necessary and proper under the
circumstances. (Section 5. Rule 63.) Comelec and COA are constitutional bodies. The
decisions of the third constitutional body, the
Civil Service Commission, are appealable
Q: When is a petition for Declaratory Relief
directly to the CA because of the express
converted into an ordinary action
provision of Rule 43.
A: If before the final termination of the case, a
breach or violation of an instrument or a
statute, executive order or regulation, APPLICATION OF RULE 65
ordinance, or any other governmental regulation
should take place, the action may thereupon be UNDER RULE 64
converted into an ordinary action, and the
parties shall be allowed to file such pleadings as Sec. 2. Mode of review, Rule 64
may be necessary or proper. (Section 6. Rule
63.) A judgment or final order or resolution of the
Commission on Elections and the Commission on Audit
may be brought by the aggrieved party to the timely payment of docket and other lawful fees.
Supreme Court on certiorari under Rule 65, except as
hereinafter provided. The failure of petitioner to comply with any of the
foregoing requirements shall be sufficient ground for
the dismissal of the petition.
Sec. 3. Time to file petition, Rule 64

The petition shall be filed within thirty (30) days from Sec. 6. Order to comment, Rule 64
notice of the judgment or final order or resolution
sought to be reviewed. The filing of a motion for new If the Supreme Court finds the petition sufficient in
trial or reconsideration of said judgment or final form and substance, it shall order the respondents to
order or resolution, if allowed under the procedural file their comments on the petition within ten (10)
rules of the Commission concerned, shall interrupt days from notice thereof; otherwise, the Court may
the period herein fixed. If the motion is denied, the dismiss the petition outright. The Court may also
aggrieved party may file the petition within the dismiss the petition if it was filed manifestly for
remaining period, but which shall not be less than delay, or the questions raised are too unsubstantial to
five (5) days in any event, reckoned from notice of warrant further proceedings.
denial.

Sec. 4. Docket and other lawful fees, Rule 64

DISTINCTION IN THEA
Upon the filing of the petition, the petitioner shall
pay to the clerk of court the docket and other lawful
APPLICATION OF RULE 64
fees and deposit the amount of P500.00 for costs. AND RULE 65
RULE 64 RULE 65
Sec. 5. Form and contents of petition, Rule 64
Directed only to the Directed to any tribunal,
The petition shall be verified and filed in eighteen judgments, final orders or board, or officer
(18) legible copies. The petition shall name the resolutions of COMELEC exercising judicial or
aggrieved party as petitioner and shall join as and COA quasi-judicial functions
respondents the Commission concerned and the Filed within 30 days from Filed within 60 days from
person or persons interested in sustaining the notice of the judgment notice of the judgment
judgment, final order or resolution a quo. The Fresh period rule does Fresh period rule applies
petition shall state the facts with certainty, present not apply; Rule 64 Sec 3
clearly the issues involved, set forth the grounds and is applicable.
brief arguments relied upon for review, and pray for
judgment annulling or modifying the questioned MR is not necessarily MR is generally required.
judgment, final order or resolution. Findings of fact required.
of the Commission supported by substantial evidence
shall be final and non-reviewable.

The petition shall be accompanied by a clearly legible

Sec. 9. Submission for decision, Rule 64
duplicate original or certified true copy of the
judgment, final order or resolution subject thereof,
Unless the Court sets the case for oral argument, or
together with certified true copies of such material
requires the parties to submit memoranda, the case
portions of the record as are referred to therein and
shall be deemed submitted for decision upon the
other documents relevant and pertinent thereto. The
filing of the comments on the petition, or of such
requisite number of copies of the petition shall
other pleadings or papers as may be required or
contain plain copies of all documents attached to the
allowed, or the expiration of the period to do so.
original copy of said petition.

The petition shall state the specific material dates

showing that it was filed within the period fixed
herein, and shall contain a sworn certification against
forum shopping as provided in the third paragraph of
IV. Certiorari, Prohibition
section 3, Rule 46. and Mandamus
The petition shall further be accompanied by proof of
service of a copy thereof on the Commission
RULE 65
concerned and on the adverse party, and of the DEFINITIONS
CERTIORARI and quasi-
judicial
or ministerial
functions
non-judicial
entities
Is a writ issued from the Supreme Court to any entities
inferior court, board, officer exercising judicial Alleging Alleging that the Alleging that
or quasi-judicial functions whereby the records that the entity acted- the entity –
of a particular case is ordered to be elevated up entity 1. Without 1. Neglecte
for review and correction in matters of law. acted – jurisdictio d a
1. witho n; ministeri
It is a prerogative writ and issued in the exercise ut 2. In excess al duty;
of judicial discretion. There must be a showing jurisdi of or
of capricious, arbitrary and whimsical exercise ction; jurisdictio 2. Excluded
of power for it to prosper 2. in n; or another
excess 3. With from a
of GADALEJ right of
PROHIBITION jurisdi office
a writ by which a superior court ction;
prevents the inferior courts, a corporation, or
board or persons, from usurping or exercising a 3. with
jurisdiction or a power with which they have not GADA
been vested by the law (Matuguina Integrated LEJ
vs CA) To annul To compel the To prevent
or modify performance of a an
A legal remedy that prevents the the ministerial and encroachmen
unlawful and oppressive exercise of legal judgment, legal duty t, excess,
authority and provides for a fair and orderly order, usurpation or
administration of justice. It is directed against resolution, assumption
the proceedings that are done without or in or of
excess of jurisdiction, or with grave abuse of proceedin jurisdiction
discretion, there being no appeal or other plain, gs of the
speedy and adequate remedy in the ordinary public
course of law. (Vergara vs Rugue) responden
t

MANDAMUS
Is a writ issued in the name of the
State, to an inferior COURT, tribunal, RULES 65 AND 45,
corporation, board, OFFICER or person,
commanding the performance of an act which DISTINGUISHED
the law enjoins as a duty resulting from an
office, trust or station. Rule 65 Rule 45

It is employed to compel the Special Civil Action Mode of Appeal

performance, when refused, of a ministerial (Original Action)
duty. It does not compel the performance of a
contractual obligation or to compel a course of Subject is interlocutory Subject is Final
conduct nor to control or review the exercise of order or those in Rule Judgment
discretion. 41, Section 1

Question of Jurisdiction Question of Law

DISTINCTIONS Filed within 60 days Filed within 15 days
Q: Differentiate Certiorari, Prohibition and
after notice of after notice of
Mandamus. judgment judgment
A:
No Motion for
Filing of Motion for Reconsideration
CERTIORA PROHIBITION MANDAMUS Reconsideration required
RI required
May be May be directed May be
directed against entities directed Does not stay judgment Stays judgment
against exercising judicial against
judicial or quasi-judicial, judicial and
 Party is the court, Original parties PROHIBITION AND
tribunal or officer INJUNCTION,
May be filed in the Filed in the Supreme DISTINGUISHED
RTC, CA or SC Court

Prohibition Injunction

CERTIORARI AND Strikes at once to

the jurisdiction of
Usually recognizes the
jurisdiction of the court
PROHIBITION, the court before which the proceeding
is pending
DISTINGUISHED
Directed to the Directed only to the parties-
Certiorari Prohibition court itself litigants, without any
manner interfering with the
Purpose is to annul the Purpose is to restrain court
proceeding or order the doing of some act
issued by the lower about to be done A. CERTIORARI
tribunal.

Corrective remedy Preventive remedy Rule 65, Section 1. Petition for certiorari
When any tribunal, board or officer exercising judicial
Operates on acts already Operates on acts not or quasi-judicial functions has acted without or in
consummated yet consummated excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction,
Corporation cannot be Corporation may be and there is no appeal, or any plain, speedy, and
made a respondent made a respondent adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in
Exercise of judicial or Ministerial functions the proper court, alleging the facts with certainty and
quasi-judicial functions are included praying that judgment be rendered annulling or
only modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and
justice may require.
PROHIBITION AND
The petition shall be accompanied by a certified true
MANDAMUS, copy of the judgment, order or resolution subject
DISTINGUISHED thereof, 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
Prohibition Mandamus section 3, Rule 46
Negative remedy Affirmative remedy
which forbids the commanding certain things
doing of certain things to be done
which ought not to be Requisites:
done 1. There must be a controversy.
Object is to prevent Object is to compel 2. The tribunal, board or officer against whom
one from executing or compliance with a function the controversy is brought exercises judicial
continuing to execute which the law prescribes or quasi-judicial functions.
an act 3. The tribunal, board or officer has acted
without jurisdiction, or in excess of its
jurisdiction, or with grave abuse of
discretion amounting to lack or excess of
jurisdiction
4. There is no appeal, nor any plain, speedy,
and adequate remedy in the ordinary course
of law.
General rule: Filing of motion for or otherwise granting such incidental reliefs as law
reconsideration is required before filing for and justice may require.
certiorari.
The petition shall likewise be accompanied by a
Exceptions: certified true copy of the judgment, order or
1. When the case involves matters of extreme resolution subject thereof, copies of all pleadings and
urgency (Matutina vs Buslon, August 24, documents relevant and pertinent thereto, and a
1960) sworn certification of non-forum shopping as provided
2. When the order or judgment complained of in the third paragraph of section 3, Rule 46.
is a patent nullity (Luzon Surety vs
Maribella, September 30, 1960)
3. When the question had been properly
raised, argued and submitted to the Requisites:
respondent court and passed upon by it 1. There is a controversy;
(Fernandez vs Caluag, December 20, 1961) 2. Respondent is exercising judicial, quasi-
4. In the interest of justice and public welfare judicial or ministerial functions;
and advancement of public policy (Jose vs 3. Respondent acted without or in excess of
Zulueta) jurisdiction or acted with grave abuse of
5. Order was issued without or in excess of discretion amounting to lack of jurisdiction;
jurisdiction (Philippine Consumers and
Foundation vs NTC, 1983) 4. There must be no appeal, or other plain,
6. When relief is extremely urgent, there is no speedy and adequate remedy
more need to wait for the resolution of
motion for reconsideration (Vda. De Sayman
vs CA, 1983)
7. When the question raised is purely of law C. MANDAMUS
(Central Bank vs Cloribel, 1972)

When may certiorari prosper? Sec. 3. Petition for mandamus, Rule 65

1. Appeal is not a speedy and adequate
remedy (Saludes vs Pajarillo, 1947) When any tribunal, corporation, board, officer or
2. Order is issued without or in excess of person unlawfully neglects the performance of an act
jurisdiction (PNB vs Florendo, 1992) which the law specifically enjoins as a duty resulting
3. In consideration of public welfare and for from an office, trust, or station, or unlawfully
the advancement of public policy (Jose vs excludes another from the use and enjoyment of a
Zulueta, 1961) right or office to which such other is entitled, and
4. Order is a patent nullity (Marcelo vs De there is no other plain, speedy and adequate remedy
Guzman, 1982) in the ordinary course of law, the person aggrieved
5. To avoid future litigation (St. Peter thereby may file a verified petition in the proper
Memorial Park vs Campos, Jr., 1975) court, alleging the facts with certainty and praying
6. To avoid a miscarriage of justice (Escudero that judgment be rendered commanding the
vs Dulay, 1988) respondent, immediately or at some other time to be
7. In furtherance of broader interest of justice specified by the court, to do the act required to be
and equities (Marahay vs Melicor, 1990) done to protect the rights of the petitioner, and to
pay the damages sustained by the petitioner by
reason of the wrongful acts of the respondent.
B.PROHIBITION
The petition shall also contain a sworn certification of
non-forum shopping as provided in the third
Rule 65, Sec. 2. Petition for prohibition
paragraph of section 3, Rule 46.
When the proceedings of any tribunal, corporation,
board, officer or person, whether exercising judicial,
quasi-judicial or ministerial functions, are without or Requisites:
in excess of its or his jurisdiction, or with grave abuse 1. There must be a clear legal right and duty
of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other plain, 2. The act to be performed must be practical -
speedy, and adequate remedy in the ordinary course within the powers of the respondent to
of law, a person aggrieved thereby may file a verified perform such that if the writ of mandamus
petition in the proper court, alleging the facts with was issued, he can comply with it, or else
certainty and praying that judgment be rendered the essence will be defeated
commanding the respondent to desist from further
proceedings in the action or matter specified therein,
3. Respondent must be exercising a ministerial mode of direct review.
duty – a duty which is absolute and However, in extreme situations generally in
imperative and involves merely its criminal cases, mandamus lies to compel the
execution performance of the fiscal of discretionary
functions where his actuations are tantamount
4. The duty or act to be performed must be to a wilful refusal to perform a required duty.
existing – a correlative right will be denied (REGALADO)
if not performed by the respondents; and

5. There is no other plain, speedy and INJUNCTIVE RELIEF

adequate remedy in the ordinary course of
law. preliminary injunction must be sought. Sec. 7. Expediting proceedings; injunctive relief, Rule
(De Castro v. Judicial and Bar Council, 65
2010)
The court in which the petition is filed may issue
MINISTERIAL DUTY – the kind of duty
orders expediting the proceedings, and it may also
compellable by mandamus; the person has no
grant a temporary restraining order or a writ of
discretion whether but to do an act
preliminary injunction for the preservation of the
rights of the parties pending such proceedings. The
petition shall not interrupt the course of the principal
WHEN PETITION FOR case, unless a temporary restraining order or a writ of
preliminary injunction has been issued, enjoining the
CERTIORARI, PROHIBITION public respondent from further proceeding with the
AND MANDAMUS PROPER case.

When there is no other plain, speedy, or The public respondent shall proceed with the
adequate remedy in the ordinary course of principal case within ten (10) days from the filing of a
law. petition for certiorari with a higher court or tribunal,
absent a temporary restraining order or a preliminary
WHEN PETITION FOR CERTIORARI IS PROPER
 injunction, or upon its expiration. Failure of the
Only to correct errors of jurisdiction, not errors public respondent to proceed with the principal case
of judgment. may be a ground for an administrative charge. (as
amended by AM No. 07-7-12-SC)
Questions of fact cannot be raised in an original
action for certiorari. Only established or
admitted facts may be considered. (Suarez v. GR: The mere elevation of an interlocutory
NLRC, G.R. No. 124723) matter through a petition for certiorari does not
by itself merit a suspension of the proceedings
WHEN PETITION FOR PROHIBITION IS PROPER
 before a public respondent, applying Sec. 7,
Prohibition is a preventive remedy. However, to Rule 65. The public respondent shall proceed
prevent the respondent from performing the act with the principal case WITHIN 10 DAYS from
sought to be prevented during the pendency of filing of the petition for certiorari with the
the proceedings for the writ, the petitioner higher court, absent a TRO or preliminary
should obtain a restraining order and/or writ of injunction, or upon its expiration. Failure may
preliminary injuction. (REGALADO) be a ground for an administrative charge (AM
No. 07-7-12- SC)
The office of prohibition is not to correct errors
of judgment but to prevent or restrain EXPN:
usurpation by inferior tribunals and to compel 1. When a writ of preliminary injunction
them to observe the limitation of their or TRO is issued: The burden is on
jurisdictions. (HERRERA) petitioner to show that there are
meritorious grounds, i.e. there is an
WHEN PETITION FOR MANDAMUS PROPER
 urgent necessity in order to prevent
The purpose of mandamus is to compel the serious damage; or
performance, when refused, of a ministerial 2. Judicial courtesy: Even if there is no
duty, this being its main objective. injunction issued, lower court should
defer to higher court where there is a
A writ of mandamus will not issue to control the strong probability that the issues
exercise of official discretion or judgment, or to before the higher court would be
alter or review the action taken in the proper rendered “moot and moribund as a
exercise of the discretion of judgment, for the result of the continuation of the
writ cannot be used as a writ of error or other proceedings in the” court of origin.
 [Republic v. Sandiganbayan, G.R. No. preliminary injunction for the
166859(2006)] preservation of the rights of the parties
[Sec. 7, Rule 65]
2. Incidental reliefs as law and justice
EXCEPTIONS TO FILING A 3.
may require [Secs. 1-2, Rule 65]
Other reliefs prayed for or to which the
MOTION FOR petitioner is entitled [Sec. 8, Rule 65]

RECONSIDERATION
BEFORE FILING PETITION ACTIONS/OMISSIONS OF
GR: An MR is an essential precondition for the
filing of a petition for certiorari, prohibition or
mandamus. It is a plain, speedy and adequate
MTC/RTC IN ELECTION
remedy. This is to enable the lower court, in the CASES
first instance, to pass upon and correct its
mistakes without the intervention of the higher In election cases involving an act or an omission
court. of a municipal or regional trial court, the
petition [for certiorari, prohibition, or
EXCEPTIONS: mandamus] shall be filed EXCLUSIVELY with the
1. When the issue is one purely of law; Commission on Elections, in aid of its appellate
2. When there is urgency to decide upon jurisdiction [Sec. 4, par. 3, Rule 65 as amended
the question and any further delay by AMNo. 07-7-12-SC (2007)]
would prejudice the
3. interests of the government or of the
petitioner; WHEN AND WHERE TO
4. Where the subject matter of the action
is perishable; FILE PETITION
5. When order is a patent nullity, as
where the court a quo has no
jurisdiction or there was no due Sec. 4. When and where to file the petition, Rule 65
process;
6. When questions have been duly raised The petition shall be filed not later than sixty (60)
and passed upon by the lower court; days from notice of the judgment, order or
7. When there is urgent necessity for the resolution. In case a motion for reconsideration or
resolution of the question; new trial is timely filed, whether such motion is
8. When Motion for Reconsideration would required or not, the petition shall be filed not later
be useless, e.g. the court already than sixty (60) days counted from the notice of the
indicated it would deny any Motion for denial of the motion.
Reconsideration;
9. In a criminal case, where relief from If the petition relates to an act or an omission of a
order of arrest is urgent and the municipal trial court or of a corporation, a board, an
granting of such relief by the trial officer or a person, it shall be filed with the Regional
court is improbable; Trial Court exercising jurisdiction over the territorial
10. Where the proceeding was ex parte or area as defined by the Supreme Court. It may also be
in which the petitioner had no filed with the Court of Appeals or with the
opportunity to object; Sandiganbayan, whether or not the same is in aid of
11. When petitioner is deprived of due the court appellate jurisdiction. If the petition
process and there is extreme urgency involves an act or an omission of a quasi-judicial
for urgent relief; and agency, unless otherwise provided by law or these
12. When issue raised is one purely of law rules, the petition shall be filed with and be
or public interest is involved cognizable only by the Court of Appeals.

In election cases involving an act or an omission of a

REFLIEFS PETITIONER IS municipal or a regional trial court, the petition shall
ENTITLED TO be filed exclusively with the Commission on Elections,
in aid of its appellate jurisdiction. (as amended by AM
No. 07-7-12-SC)
1. Injunctive relief – Court may may issue
orders expediting the proceedings, and
it may also grant a temporary
restraining order or a writ of
 EFFECTS OF FILING AN to be netitled to a
public office or
UNMERITORIOUS PETITION position usurped or
unlawfully held or
exercised by
another.
Sec. 8. Proceedings after comment is filed, Rule 65
Venue: 1) If filed against
After the comment or other pleadings required by the
1) If commenced by election of a
court are filed, or the time for the filing thereof has
SolGen: RTC Manila, Member of
expired, the court may hear the case or require the
CA or SC; Congress, Regional,
parties to submit memoranda. If, after such hearing 2) Otherwise: RTC Provincial or City
or filing of memoranda or upon the expiration of the with jurisdiction Officer;
period for filing, the court finds that the allegations
over the area where 2) If against a
of the petition are true, it shall render judgment for
respondent resides, municipal or
such relief to which the petitioner is entitled.
CA or SC barangay officer:
appropriate RTC or
However, the court may dismiss the petition if it finds MTC, respectively.
the same patently without merit or prosecuted
Period of Filing: Period of filing:
manifestly for delay, or if the questions raised therein
Within 1 year from Within 10 days after
are too unsubstantial to require consideration. In such
ouster or from the time proclamation of results;
event, the court may award in favor of the
the right to the position
respondent treble costs solidarily against the
arose;
petitioner and counsel, in addition to subjecting
Grounds: Grounds:
counsel to administrative sanctions under Rules 139
1) A person, who 1) Ineligibility
and 139-B of the Rules of Court.
usurps, intrudes 2) Disloyalty to
into or the Republic
The Court may impose motu proprio, based on res
unlawfully holds
ipsa loquitur, other disciplinary sanctions or measures
or exercise a
on erring lawyers for patently dilatory and
public office,
unmeritorious petitions for certiorari.
position or
franchise;
2) A public officer,
The filing of an unmeritorious petitions have an
who does or
effect of dismissal by the court. Disciplinary
suffers an act
sanctions may also be imposed for patently
which, by
dilatory and unmeritorious petitions.
provision of
law, constitutes
IV. Quo warranto a ground for
forfeiture of
DISTINGUISHED FROM QUO office.
Effect: The Court will Effect: The occupant
WARRANTO IN THE oust the person illegally who was declared
appointed and will order ineligible or disloyal will
OMNIBUS ELECTION CODE the seating person who be unseated but the
ROC RULE 66 OEC was legally appointed
and entitled to the
petitioner may
declared the rightful
be

office. occupant of the office if

SEC.253 the respondent is
disqualified and the
ROC Rule 66 OEC Sec. 253 petitioner who received
the second number of
Filed by whom: Filed by whom: votes. (Maquiling v.
1) Sol-Gen or Public Any voter COMELEC)
Prosecutor (a) In
behalf of the
Republic or (b) upon
the request or
relation of another
person.
2) Inidvidual claiming
WHEN GOVERNMENT
COMMENCE AN ACTION Sec. 2. When Solicitor General or public prosecutor
must commence action, Rule 66
AGAINST INDIVIDUALS
The Solicitor General or a public prosecutor, when
directed by the President of the Philippines, or when
Sec 1. Action by Government against individuals, Rule upon complaint or otherwise he has good reason to
66 believe that any case specified in the preceding
section can be established by proof, must commence
An action for the usurpation of a public office, such action.
position or franchise may be commenced by a verified
petition brought in the name of the Republic of the
Philippines against: Referred to as Compulsory Quo Warranto – use
of the word ‘must’
1. A person who usurps, intrudes into, or unlawfully
holds or exercises a public office, position or
franchise; Sec. 3. When Solicitor General or public prosecutor
2. A public officer who does or suffers an act which, may commence action with permission of court, Rule
by the provision of law, constitutes a ground for 66
the forfeiture of his office; or
3. An association which acts as a corporation within The Solicitor General or a public prosecutor may, with
the Philippines without being legally incorporated the permission of the court in which the action is to
or without lawful authority so to act. be commenced, bring such an action at the request
and upon the relation of another person; but in such
DEFNITION: case the officer bringing it may first require an
QUO WARRANTO indemnity for the expenses and costs of the action in
• Is a demand made by the State upon an amount approved by and to be deposited in the
some individual or association to show court by the person at whose request and upon whose
what right they exercise some franchise relation the same is brought.
or privilege appertaining to the State,
which according to the Constitution and
laws of the land, they cannot legally Referred to as Discretionary Quo Warranto –
exercise by virtue of the grant and use of the word ‘may’
authority of the State. (44 Am. Jur 88-
89) When Solicitor General or public prosecutor
• Quo Warranto is a prerogative writ by commences the action at the instance of
which the government can call upon another person, leave of court must first be
any person to show by what warrant he secured.
holds a public office or exercise a
public franchise. (3 Moran 208 [1970]) WHEN INDIVIDUAL MAY
• Came from a Latin term meaning ‘by
what warrant’ or ‘by what authority’ COMMENCE AN ACTION
• Allegations in quo warranto that certain
persons usrped the offices, powers and Sec. 5. When an individual may commence such an
functions of duly elected members of action, Rule 66
the board, trustees and/or
officersmake out a case for an intra- A person claiming to be entitled to a public office or
corporate controversy. Such falls under position usurped or unlawfully held or exercised by
the jurisdiction of the SEC and is another may bring an action therefor in his own
governed by its rules. (Calleja vs. name.
Panday, February 28, 2006)
• An action for quo warranto may be
dismissed at any stage when it becomes Another classification of Quo Warranto:
apparent that the plaintiff is not • Quo Warranto in the name of the Republic
entitled to the disputed public office, of the Philippines
position or franchise. Courts are not • Quo Warranto in the name of a private
compelled to still proceed when it is individual
obvious that the petition is insufficient.
(Feliciano vs Villasin, G.R. No. 174929,
June 27, 2008)
 Action by private Action by Solicitor General 3. RTC exercising jurisdiction over the
individual or Public Prosecutor (in territorial area where the respondent
the name of the Republic) resides
4. Sandiganbayan under RA 8429 in cases
Necessary for the Not necessary that there which are relevant to its jurisdiction
petitioner to prove his be a person claiming to be 5. COMELEC (over quo warranto cases)
right to the office in entitled to the office 6. MTC (barangay level election contest)
dispute; otherwise the alleged to have been (Regatcho vs Cleto, December 21, 1983)
court shall not pass on usurped; thus the duty of
the right of the the court is to pass upon If filed by the Solicitor General, it may directly
defendant in office. the right of the defendant bring the action before the RTC of Manila or the
only CA or the SC.
Heirarchy of courts must still be observed,
Burden is on the No presumption exists in although not expressly provided for the rule.
petitioner to show his favor of defendant;
entitlement to the Solicitor General does not
office; presumption prove entitlement to office
exists in favor of Sec. 8. Period for pleadings and proceedings may be
defendant reduced; action given precedence, Rule 66

The court may reduce the period provided by these

Rules for filing pleadings and for all other proceedings
Sec. 6. Parties and contents of petition against in the action in order to secure the most expeditious
usurpation, Rule 66 determination of the matters involved therein
consistent with the rights of the parties. Such action
When the action is against a person for usurping a may be given precedence over any other civil matter
public office, position or franchise, the petition shall pending in the court.
set forth the name of the person who claims to be
entitled thereto, if any, with an averment of his right
to the same and that the respondent is unlawfully in
possession thereof. All persons who claim to be
entitled to the public office, position or franchise
JUDGMENT IN QUO
may be made parties, and their respective rights to
such public office, position or franchise determined,
WARRANTO ACTION
in the same action.
Sec. 9. Judgment where usurpation found, Rule 65
Plaintiff should allege that:
When the respondent is found guilty of usurping,
1. He is entitled to the position;
intruding into, or unlawfully holding or exercising a
2. The defendant is unlawfully in the
public office, position or franchise, judgment shall be
possession thereof
rendered that such respondent be ousted and
altogether excluded therefrom, and that the petitioner
or relator, as the case may be, recover his costs. Such
Sec. 7. Venue, Rule 66
further judgment may be rendered determining the
respective rights in and to the public office, position or
An action under the preceding six sections can be franchise of all the parties to the action as justice
brought only in the Supreme Court, the Court of requires.
Appeals, or in the Regional Trial Court exercising
jurisdiction over the territorial area where the
respondent or any of the respondents resides, but
when the Solicitor General commences the action, it RIGHTS OF A PERSON
may be brought in a Regional Trial Court in the City of
Manila, in the Court of Appeals, or in the Supreme ADJUDGED ENTITLED TO
Court.
PUBLIC OFFICE
Courts where plaintiff may file quo warranto: Sec. 10. Rights of persons adjudged entitled to
public office; delivery of books and papers; damages,
1. Supreme Court Rule 66
2. Court of Appeals
If judgment be rendered in favor of the person
 averred in the complaint to be entitled to the public
office he may, after taking the oath of office and V. Expropriation
executing any official bond required by law, take
upon himself the execution of the office, and may REQUISITES FOR THE VALID EXERCISE OF THE
immediately thereafter demand of the respondent all RIGHT OF EMINENT DOMAIN:
the books and papers in the respondent’s custody or • There must be due process of law
control appertaining to the office to which the
judgment relates. If the respondent refuses or • Payment of just compensation
neglects to deliver any book or paper pursuant to
such demand, he may be punished for contempt as • Taking must be for public use
having disobeyed a lawful order of the court. The
person adjudged entitled to the office may also bring MATTERS TO ALLEGE IN
action against the respondent to recover the damages
sustained by such person by reason of the usurpation. COMPLAINT FOR
EXPROPRIATION
Quo Warranto is an action which violates the
rule on splitting the cause of action. It is
designed for the purpose of determining who Section 1. The complaint, Rule 67
between the contestants is entitled to hold
office. Once the court has decided this issue, The right of eminent domain shall be exercised by the
the law authorizes the winning party to file a filing of a verified complaint which shall state with
subsequent complaint for the recovery of certainty the right and purpose of expropriation,
damages arising from the usurpation of office. describe the real or personal property sought to be
expropriated, and join as defendants all persons
owning or claiming to own, or occupying, any part
Sec. 11. Limitations, Rule 65 thereof or interest therein, showing, so far as
practicable, the separate interest of each defendant.
Nothing contained in this Rule shall be construed to If the title to any property sought to be expropriated
authorize an action against a public officer or appears to be in the Republic of the Philippines,
employee for his ouster from office unless the same although occupied by private individuals, or if the
be commenced within one (1) year after the cause of title is otherwise obscure or doubtful so that the
such ouster, or the right of the petitioner to hold such plaintiff cannot with accuracy or certainty specify
office or position, arose; nor to authorize an action who are the real owners, averment to that effect
for damages in accordance with the provisions of the shall be made in the complaint.
next preceding section unless the same be
commenced within one (1) year after the entry of the
judgment establishing the petitioner’s right to the EXPROPRIATION
office in question. Is the power of the sovereign state to
take or authorize the taking of any property
within its jurisdiction for public use without the
An action for quo warranto can be filed against owner’s consent (18 Am Jur. 631)
the alleged usurper not later than 1 year from If the owner consents, then there is no need for
date of usurpation. filing the case.

Expropriation is not synonymous to Eminent

Domain. The latter is the inherent power of the
Sec. 12. Judgment for costs, Rule 66 State to take property for public use. The
former is the proceeding to implement eminent
In an action brought in accordance with the provisions domain.
of this Rule, the court may render judgment for costs
against either the petitioner, the relator, or the Limitations to the exercise of the right of
respondent, or the person or persons claiming to be a eminent domain:
corporation, or may apportion the costs, as justice 1. Exercised only by the State or entities
requires. authorized by the law
2. Inherent power belongs to the national
RELATOR – person mentioned in Section 3; the government and not to the local
person who will request the Solicitor General to government, except when the law and
file the case charters expressly authorize them to do so.
3. Just compensation must be paid to the
property owner – element of due process in
 expropriation; right value plus no delay in
payment Upon the filing of the complaint or at any time
4. Due process must be observed – compliance thereafter and after due notice to the defendant, the
with the rules provided plaintiff shall have the right to take or enter upon the
5. Only as much property will be taken as possession of the real property involved if he deposits
necessary for the legitimate purpose of with the authorized government depositary an
expropriation amount equivalent to the assessed value of the
property for purposes of taxation to be held by such
Nothing in the law limits the expropriation to bank subject to the orders of the court. Such deposit
only real property. Personal property may also shall be in money, unless in lieu thereof the court
be expropriated but not money. authorizes the deposit of a certificate of deposit of a
government bank of the Republic of the Philippines
payable on demand to the authorized government
TWO STAGES IN AN depositary.
EXPROPRIATION If personal property is involved, its value shall be
PROCEEDING provisionally ascertained and the amount to be
deposited shall be promptly fixed by the court.
1. Determination of the authority of the
plaintiff to exercise the power of eminent
After such deposit is made the court shall order the
domain and the propriety to exercise in the
sheriff or other proper officer to forthwith place the
context of the facts
plaintiff in possession of the property involved and
promptly submit a report thereof to the court with
This stage is terminated by either an order
service of copies to the parties.
of dismissal of the action or order of
condemnation declaring the expropriation
to be proper and legal
PRELIMINARY DEPOSIT
Money which the plaintiff initially
These orders are final and executory and
hence, may be appealed (Municipality of deposits in order for him to be placed in
Binan vs Garcia, 1989) possession of the property involved

2. Determination of just compensation Purposes of Preliminary Deposit:

1. To act as a downpayment
Done with the assistance of not more than if government wins and the amount of just
three commissioners. The order determining compensation is fixed by the court,
just compensation is final and appealable preliminary deposit becomes the
downpayment
All persons owning or claiming to own or having
interest over the property must be joined as 1. To act as damages
defendants. It should not be limited to the if government loses, defendant entitled to
owners of the property. They include all other claim for damages (Republic vs Baylosis,
persons owning, occupying or claiming to own September 30, 1960)
the property, including mortgagees, etc. When
not made a party, he is given the right to Value of Deposit:
intervene. (De Knecht vs Court of Appeals, 290 1. Real property – assessed value of the
SCRA 223) property for taxation purposes
2. Personal property – provisionally
ascertained and the amount to be deposited
WHEN PLAINTIFF CAN is fixed by the court

IMMEDIATELY ENTER INTO NEW SYSTEM OF

POSSESSION OF THE REAL IMMEDIATE PAYMENT OF
PROPERTY, IN RELATION INITIAL JUST
TO R.A. NO. 8974 COMPENSATION
For the acquisition of right-of-way, site or
Sec. 2. Entry of plaintiff upon depositing value with
location for any national government
authorized government depositary, Rule 67
infrastructure project through expropriation
 upon the filing of the filing of the complaint, If the objections to and the defenses against the
and after due notice to the defendant, the right of the plaintiff to expropriate the property are
implementing agency shall immediately pay the overruled, or when no party appears to defend as
owner of the property the amount equivalent to required by this Rule, the court may issue an order
the sum of: of expropriation declaring that the plaintiff has a
(1) 100 percent of the value of the lawful right to take the property sought to be
property based on the current expropriated, for the public use or purpose
relevant zonal valuation of the BIR; described in the complaint, upon the payment of
and just compensation to be determined as of the date
(2) The value of the improvements of the taking of the property or the filing of the
and/or structures as determined complaint, whichever came first.
under Sec. 7 of R.A. 8974, supra
[Sec. 4, RA 8974] A final order sustaining the right to expropriate the
property may be appealed by any party aggrieved
DEFENSES AND thereby. Such appeal, however, shall not prevent
the court from determining the just compensation to
OBJECTIONS be paid.

After the rendition of such an order, the plaintiff

shall not be permitted to dismiss or discontinue the
Sec. 3. Defenses and objections, Rule 67 proceeding except on such terms as the court deems
just and equitable.
If a defendant has no objection or defense to the
action or the taking of his property, he may file and
serve a notice of appearance and a manifestation to
that effect, specifically designating or identifying the
Issued by the Court declaring that the plaintiff
property in which he claims to be interested, within has the lawful right to take the property sought
the time stated in the summons. Thereafter, he shall
to be expropriated, for the public use or
be entitled to notice of all proceedings affecting the
purpose described in the complaint
same.
From the moment that the court issues such
If a defendant has any objection to the filing of or the order, the property is deemed expropriated.
allegations in the complaint, or any objection or This marks the end of Stage 1 of the proceeding.
defense to the taking of his property, he shall serve
his answer within the time stated in the summons.
The answer shall specifically designate or identify the
property in which he claims to have an interest, state
the nature and extent of the interest claimed, and ASCERTAINMENT OF JUST
adduce all his objections and defenses to the taking
of his property. No counterclaim, cross-claim or third- COMPENSATION
party complaint shall be alleged or allowed in the
answer or any subsequent pleading.
Sec. 5. Ascertainment of compensation, Rule 67
A defendant waives all defenses and objections not so
alleged but the court, in the interest of justice, may Upon the rendition of the order of expropriation, the
permit amendments to the answer to be made not court shall appoint not more than three (3)
later than ten (10) days from the filing thereof. competent and disinterested persons as
However, at the trial of the issue of just commissioners to ascertain and report to the court
compensation, whether or not a defendant has the just compensation for the property sought to be
previously appeared or answered, he may present taken. The order of appointment shall designate the
evidence as to the amount of the compensation to be time and place of the first session of the hearing to
paid for his property, and he may share in the be held by the commissioners and specify the time
distribution of the award. within which their report shall be submitted to the
court.

Copies of the order shall be served on the parties.

ORDER OF Objections to the appointment of any of the
EXPROPRIATION commissioners shall be filed with the court within ten
(10) days from service, and shall be resolved within
thirty (30) days after all the commissioners shall have
Sec. 4. Order of expropriation, Rule 67 received copies of the objections.
 proceedings, and such proceedings shall not be
Just compensation should be determined as of effectual until the court shall have accepted their
the date of the time taking of the property or report and rendered judgment in accordance with
the filing of the compalint, whichever comes their recommendations. Except as otherwise expressly
first. ordered by the court, such report shall be filed within
sixty (60) days from the date the commissioners were
Appointment of commissioners is mandatory. notified of their appointment, which time may be
Such is different from Rule 32 of thed Rules of extended in the discretion of the court. Upon the
Court. filing of such report, the clerk of the court shall serve
copies thereof on all interested parties, with notice
APPOINTMENT that they are allowed ten (10) days within which to
file objections to the findings of the report, if they so
OFCOMMISSIONERS; desire.

COMMISSIONER’S REPORT;
Sec. 8. Action upon commissioners’ report,Rule 67
COURT ACTION UPON
REPORT Upon the expiration of the period of ten (10) days
referred to in the preceding section, or even before
the expiration of such period but after all the
interested parties have filed their objections to the
report or their statement of agreement therewith,
Sec. 6. Proceedings by commissioners, Rule 67 the court may, after hearing, accept the report and
render judgment in accordance therewith; or, for
Before entering upon the performance of their duties, cause shown, it may recommit the same to the
the commissioners shall take and subscribe an oath commissioners for further report of facts; or it may
that they will faithfully perform their duties as set aside the report and appoint new commissioners;
commissioners, which oath shall be filed in court with or it may accept the report in part and reject it in
the other proceedings in the case. Evidence may be part; and it may make such order or render such
introduced by either party before the commissioners judgment as shall secure to the plaintiff the property
who are authorized to administer oaths on hearings essential to the exercise of his right of expropriation,
before them, and the commissioners shall, unless the and to the defendant just compensation for the
parties consent to the contrary, after due notice to property so taken.
the parties to attend, view and examine the property
sought to be expropriated and its surroundings, and
may measure the same, after which either party may, Determination of just compensation is a judicial
by himself or counsel, argue the case. The function, which cannot be encroached upon the
commissioners shall assess the consequential damages legislative or executive branch of government
to the property not taken and deduct from such (EPZA vs Dulay, 149 SCRA 305, 1987)
consequential damages the consequential benefits to
be derived by the owner from the public use or
purpose of the property taken, the operation of its Sec. 9. Uncertain ownership; conflicting claims,Rule
franchise by the corporation or the carrying on of the
67
business of the corporation or person taking the
property. But in no case shall the consequential
If the ownership of the property taken is uncertain, or
benefits assessed exceed the consequential damages
there are conflicting claims to any part thereof, the
assessed, or the owner be deprived of the actual
court may order any sum or sums awarded as
value of his property so taken.
compensation for the property to be paid to the court
for the benefit of the person adjudged in the same
proceeding to be entitled thereto. But the judgment
Sec. 7. Report by commissioners and judgment shall require the payment of the sum or sums
thereupon, Rule 67 awarded to either the defendant or the court before
the plaintiff can enter upon the property, or retain it
The court may order the commissioners to report for the public use or purpose if entry has already
when any particular portion of the real estate shall been made.
have been passed upon by them, and may render
judgment upon such partial report, and direct the
commissioners to proceed with their work as to
subsequent portions of the property sought to be
expropriated, and may from time to time so deal with
such property. The commissioners shall make a full
and accurate report to the court of all their
RIGHTS OF PLAINTIFF EFFECT OF RECORDING
UPON JUDGMENT AND JUDGMENT
PAYMENT Sec. 13. Recording judgment, and its effect, Rule 67

Sec. 10. Rights of plaintiff after judgment and The judgment entered in expropriation proceedings
payment,Rule 67 shall state definitely, by an adequate description, the
particular property or interest therein expropriated,
Upon payment by the plaintiff to the defendant of the and the nature of the public use or purpose for which
compensation fixed by the judgment, with legal it is expropriated. When real estate is expropriated, a
interest thereon from the taking of the possession of certified copy of such judgment shall be recorded in
the property, or after tender to him of the amount so the registry of deeds of the place in which the
fixed and payment of the costs, the plaintiff shall property is situated, and its effect shall be to vest in
have the right to enter upon the property the plaintiff the title to the real estate so described
expropriated and to appropriate it for the public use for such public use or purpose.
or purpose defined in the judgment, or to retain it
should he have taken immediate possession thereof
under the provisions of section 2 hereof. If the
defendant and his counsel absent themselves from
the court, or decline to receive the amount tendered, PECULIARITY OF THE PROCEEDINGS:
the same shall be ordered to be deposited in court 1. Multiple appeals are allowed and the period
and such deposit shall have the same effect as actual to appeal is 30 days; no record of appeal is
payment thereof to the defendant or the person required.
ultimately adjudged entitled thereto. 2. The procedure is not summary but there are
prohibited pleadings, such as counterclaim,
cross-claim, etc
Upon payment of just compensation will the 3. Even if defendant is declared in default, he
plaintiff become the owner of the property. can still participate in the proceedings (i.e.
From that moment, the government acquires determine just compensation)
the right to possess 4. Even if defendant accepts money as just
compensation, he can still assail the
judgment on the propriety of the
Sec. 11. Entry not delayed by appeal; effect of expropriation
reversal, Rule 67
Q: How to determine just compensation in
The right of the plaintiff to enter upon the property expropriation cases?
of the defendant and appropriate the same for public A: Just compensation means the property’s fair
use or purpose shall not be delayed by an appeal from market value at the time of the filing of the
the judgment. But if the appellate court determines complaint, or "that sum of money which a
that plaintiff has no right of expropriation, judgment person desirous but not compelled to buy, and
shall be rendered ordering the Regional Trial Court to an owner willing but not compelled to sell,
forthwith enforce the restoration to the defendant of would agree on as a price to be given and
the possession of the property, and to determine the received therefor."The measure is not the
damages which the defendant sustained and may taker’s gain, but the owner’s loss. In the
recover by reason of the possession taken by the determination of such value, the court is not
plaintiff. limited to the assessed value of the property or
to the schedule of market values determined by
the provincial or city appraisal committee;
Sec. 12. Costs, by whom paid,Rule 67 these values consist but one factor in the
judicial valuation of the property. The nature
The fees of the commissioners shall be taxed as a part and character of the land at the time of its
of the costs of the proceedings. All costs, except taking is the principal criterion for determining
those of rival claimants litigating their claims, shall how much just compensation should be given to
be paid by the plaintiff, unless an appeal is taken by the landowner All the facts as to the condition
the owner of the property and the judgment is of the property and its surroundings, as well as
affirmed, in which event the costs of the appeal shall its improvements and capabilities, should be
be paid by the owner. considered (NPC vs. Tiangco, G.R. No. 170846
February 6, 2007).
V. Foreclosure of Real 2. Mortgagor or owner, if the debtor is another
person – when person who owns the
Estate Mortgage property mortgaged it to accomdate the
loan of the debtor
3. All persons having or claiming an interest in
RULE 68
the premises subordinate in the right to
MORTGAGE that of the holder of the mortgage
An interest in the land created by a written
instrument providing security for the
performance of a duty or the payment of debt.
JUDGMENT ON
The mortgage operates as a conveyance of the FORECLOSURE FOR
legal title to the mortagagee, but such title is
subject to defeasance on payment on the debt PAYMENT OR SALE
or performance of the duty by the mortgagor

FORECLOSURE
Remedy available to the mortgagee by which he Sec. 2. Judgment on foreclosure for payment or
subjects the mortgaged property to the sale,Rule 68
satisfaction of the obligation to secure which
the mortgage was given If upon the trial in such action the court shall find the
facts set forth in the complaint to be true, it shall
To shut out, bar or destroy an equity of ascertain the amount due to the plaintiff upon the
redemption; a termination of all the rights of mortgage debt or obligation, including interest and
the mortgagor or his grantee in the property other charges as approved by the court, and costs,
covered by the mortgage; procedure by which and shall render judgment for the sum so found due
the mortgaged property is sold on default of and order that the same be paid to the court or to the
mortgagor in satisfaction of the mortgage debt judgment obligee within a period of not less than
ninety (90) days nor more than one hundred twenty
There can be a loan without mortgage but there (120) days from the entry of judgment, and that in
cannot be a mortgage without a loan default of such payment the property shall be sold at
Mortgage is only an accessory contract and public auction to satisfy the judgment.
the loan is the principal one

THREE STAGES IN JUDICIAL FORTCOSURE OF FORCELOSURE JUDGMENT

MORTGAGE: Judgment rendered in favor of plaintiff, stating
1. Determination of the right to foreclose; that there is a valid cause of action and that the
2. Foreclosure itself’; last chance to pay the obligation, interests,
3. Recovery of deificency charges, etc within a specified period.

Section 1. Complaint in action for foreclosure,Rule 68

SALE OF MORTGAGED
PROPERTY; EFFECT
In an action for the foreclosure of a mortgage or
other encumbrance upon real estate, the complaint
shall set forth the date and due execution of the Sec. 3. Sale of mortgaged property; effect,Rule 68
mortgage; its assignments, if any; the names and
residences of the mortgagor and the mortgagee; a When the defendant, after being directed to do so as
description of the mortgaged property; a statement provided in the next preceding section, fails to pay
of the date of the note or other documentary the amount of the judgment within the period
evidence of the obligation secured by the mortgage, specified therein, the court, upon motion, shall order
the amount claimed to be unpaid thereon; and the the property to be sold in the manner and under the
names and residences of all persons having or provisions of Rule 39 and other regulations governing
claiming an interest in the property subordinate in sales of real estate under execution. Such sale shall
right to that of the holder of the mortgage, all of not affect the rights of persons holding prior
whom shall be made defendants in the action. encumbrances upon the property or a part thereof,
and when confirmed by an order of the court, also
Who are the possible defendants? upon motion, it shall operate to divest the rights in
1. Mortgage debtor – the one who borrowed the property of all the parties to the action and to
money and mortgaged his property vest their rights in the purchaser, subject to such
 rights of redemption as may be allowed by law.

Upon the finality of the order of confirmation or upon DEFICIENCY JUDGMENT

the expiration of the period of redemption when It is a judgment rendered by the court upon
allowed by law, the purchaser at the auction sale or motion and showing that the proceeds from the
last redemptioner, if any, shall be entitled to the sale of the property is not sufficient for the
possession of the property unless a third party is payment of judgment debt
actually holding the same adversely to the judgment
obligor. The said purchaser or last redemptioner may FORCELOSURE JUDGMENT FROM DEFICIENCY
secure a writ of possession, upon motion, from the JUDGMENT, DISTINGUISHED
court which ordered the foreclosure.

Confirmation of sale – operates to divest the Foreclosure Judgment Deficiency Judgment

rights in the property of all the parties in the
action and to vest rights in the purchaser, Judgment Quasi-in rem Judgment in personam
subject to the right of redemption as may be
allowed by the law Directed against the rights Directed against the
of a persons on the debtor-mortgagor
Mortgagor has the right of redemption in property itself personally
extra-judicial foreclosure ONLY WHEN the
law gives such. (i.e. under General Banking
Law, a bank or credit institution is granted
Instances when it is
right of redemption) improper for the court to
render a Deficiency
DISPOSITION OF Judgment under Rule 68:
PROCEEDS OF SALE 1. Where the mortgagor mortgaged his
property to secure the debt of another
Sec. 4. Disposition of proceeds of sale,Rule 68 without assuming personal liability of such
debt;
The amount realized from the foreclosure sale of the 2. Where the mortgagor is a non-resident who
mortgaged property shall, after deducting the costs of failed to submit himself to the jurisdiction
the sale, be paid to the person foreclosing the of the court; no personal judgment for
mortgage, and when there shall be any balance or deficiency can be rendered against him;
residue, after paying off the mortgage debt due, the 3. Where the mortgagor dies after the
same shall be paid to junior encumbrancers in the rendition of the judgment of foreclosure
order of their priority, to be ascertained by the court,
or if there be no such encumbrancers or there be a TWO TYPES OF FORECLOSURE OF MORTGAGE:
balance or residue after payment to them, then to 1. Judicial Forcelosure
the mortgagor or his duly authorized agent, or to the mortgagee files the case before the court;
person entitled to it. governed by Rule 68

1. Extra-judicial Foreclosure
there is no court case but the procedure
Sec. 6. Deficiency judgment, Rule 68 followed is that of Act 3135
If upon the sale of any real property as provided in
the next preceding section there be a balance due to JUDICIAL AND EXTRA-
the plaintiff after applying the proceeds of the sale,
the court, upon motion, shall render judgment JUDICIAL FORECLOSURE,
against the defendant for any such balance for which,
by the record of the case, he may be personally liable
DISTINGUISHED
to the plaintiff, upon which execution may issue
immediately if the balance is all due at the time of Judicial Foreclosure Extra-judicial
the rendition of the judgment; otherwise, the Foreclosure
plaintiff shall be entitled to execution at such time as
the balance remaining becomes due under the terms Requires court Court intervention not
of the original contract, which time shall be stated in intervention necessary
the judgment.
Only equity of Right of redemption
redemption exists
Governed by the Rules Governed by Act 3135
of Court EQUITY OF RIGHT OF
REDEMPTION REDEMPTION
Decisions are Not appealable;
appealable immediately executory Right of the defendant Right of the debtor,
mortgagor to his successor in
Order of the Court cuts Foreclosure does not extinguish the interest, or any
off all rights of the cut off the rights of all mortgage and retain judicial creditor of
parties impleaded the parties involved ownership of the said debtor or any
property by paying the person having a lien on
Period of redemption Period to redeem starts secured debt within the property
starts from the finality from the date of the 90 to 120 day subsequent to the
of the judgment until registration of the period after entry of mortgage.
order of confirmation certificate of sale judgment or even
after the foreclosure
No need for special Special power of sale but prior to its
power of attorney in attorney in favor of the confirmation
the contract of mortgage is needed in
mortgage the contract Period is 90-120 days Period is 1 year from
after entry of date of registration of
Recovery of deficiency Recovery of deficiency judgment or even certificate of sale
can be done by mere is through an after foreclosure sale
motion independent action but prior to
confirmation
The resort to extra-judicial foreclosure must
always be provided in the contract. The Governed by Rule 68 Governed by Sec. 29-
mortgage contract must contain a Special Power 31, Rule 39
of Attorney constituting the mortgagee as the
attorney-in-fact of the mortgagor to resort to
extra-judicial foreclosure. If none exists, then
mortgagee has only one option – judicial VI. Partition
foreclosure. RULE 69
PARTITION OF REAL ESTATE

EQUITY OF REDEMPTION A judicial controversy between persons, who

being co-owners thereof, seek to secure a
VS. RIGHT OF division for partition for themselves of the
common property, giving to each one of them
REDEMPTION the part corresponding to each.

EQUITY OF REDEMPTION
Right of the defendant-mortgagor to extinguish
WHO MAY FILE
the mortgage and retain the ownership of the COMPLAINT; WHO
property by paying the amount fixed in the
decision of the Court within 90 to 120 days after SHOULD BE MADE
the entry of judgment or even after the
forecelosure sale but prior to its confirmation. DEFENDANTS
(Limpin vs IAC, September 29, 1988)

RIGHT OF REDEMPTION Section 1. Complaint in action for partition of real

Right granted to the debtor-mortgagor, his estate,Rule 69
successor-in-interest or any judicial creditor of
the debtor-mortgagor, or any person having a A person having the right to compel the partition
lien in the property subsequent to its mortgage of real estate may do so as provided in this Rule,
or deed of trust under which the property is setting forth in his complaint the nature and
sold, to redeem the property wuthin one year extent of his title and an adequate description of
from the registration of the sheriff’s certificate the real estate of which partition is demanded
of foreclosure sale. (De castro vs IAC, and joining as defendants all other persons
September 26, 1988) interested in the property.
 If after the trial the court finds that the plaintiff has
All co-owners must be impleaded; they are the right thereto, it shall order the partition of the
indispensable parties; hence, when one is left real estate among all the parties in interest.
out, the judgment will not become final. Thereupon the parties may, if they are able to agree,
make the partition among themselves by proper
Once left out, a co-owner may intervene instruments of conveyance, and the court shall
whether or not there is a judgment rendered. confirm the partition so agreed upon by all the
parties, and such partition, together with the order of
MATTERS TO ALLEGE IN the court confirming the same, shall be recorded in
the registry of deeds of the place in which the
THE COMPLAINT FOR property is situated.

PARTITION A final order decreeing partition and accounting may

be appealed by any party aggrieved thereby.
1. Nature and extent of his title
2. Adequate description of the real estate
sought to be partitioned
3. Joining of Defendants – All other
persons interested in the property [Sec.
1]
PARTITION BY
4. Demand for accounting of the rents, COMMISSIONERS;
profits, and other income from the
property to which he may be entitled APPOINTMENT OF
to as his share. [Sec. 8] Since these
cannot be demanded in another action COMMISSIONERS;
(because they are part of the cause of
action for partition), they are barred if
COMMISSIONER’S REPORT;
not set up. (RIANO) COURT ACTION UPON
TWO STAGES IN COMMISSIONER’S REPORT
PARTITION:
1. Determination of whether or not a co- Sec. 3. Commissioners to make partition when parties
ownership in fact exists and a partition is fail to agree,Rule 69
proper
If the parties are unable to agree upon the partition,
Determination of whether the subject the court shall appoint not more than three (3)
property is owned in common and whether competent and disinterested persons as
all the co-owners are made parties in the commissioners to make the partition, commanding
case. Such order of partition is appealable. them to set off to the plaintiff and to each party in
interest such part and proportion of the property as
2. Actual partitioning of the subject property the court shall direct.
The order or decision is appealable.
Commences when the parties are unable to
agree upon the partition ordered by the Appointment of commissioners is mandatory.
court; shall be effected then by the court
with the assistance of not more than three
commissioners Sec. 4. Oath and duties of commissioners,Rule 69

Before making such partition, the commissioners shall

ORDER OF PARTITION AND take and subscribe an oath that they will faithfully
perform their duties as commissioners, which oath
PARTITION BY shall be filed in court with the other proceedings in
the case. In making the partition, the commissioners
AGREEMENT shall view and examine the real estate, after due
notice to the parties to attend at such view and
examination, and shall hear the parties as to their
Sec. 2. Order for partition, and partition by preference in the portion of the property to be set
agreement thereunder,Rule 69 apart to them and the comparative value thereof, and
shall set apart the same to the parties in lots or
parcels as will be most advantageous and equitable,
having due regard to the improvements, situation and
quality of the different parts thereof. JUDGMENT AND ITS
EFFECTS
Sec. 5. Assignment or sale of real estate by
Sec. 11. The judgment and its effect; copy to be
commissioners,Rule 69
recorded in registry of deeds,Rule 69
When it is made to appear to the commissioners that
If actual partition of property is made, the judgment
the real estate, or a portion thereof, cannot be
shall state definitely, by metes and bounds and
divided without prejudice to the interests of the
adequate description, the particular portion of the
parties, the court may order it assigned to one of the
real estate assigned to each party, and the effect of
parties willing to take the same, provided he pays to
the judgment shall be to vest in each party to the
the other parties such amounts as the commissioners
action in severalty the portion of the real estate
deem equitable, unless one of the interested parties
assigned to him. If the whole property is assigned to
asks that the property be sold instead of being so
one of the parties upon his paying to the others the
assigned, in which case the court shall order the
sum or sums ordered by the court, the judgment shall
commissioners to sell the real estate at public sale
state the fact of such payment and of the assignment
under such conditions and within such time as the
of the real estate to the party making the payment,
court may determine.
and the effect of the judgment shall be to vest in the
party making the payment the whole of the real
estate free from any interest on the part of the other
Sec. 6. Report of commissioners; proceedings not
parties to the action. If the property is sold and the
binding until confirmed,Rule 69
sale confirmed by the court, the judgment shall state
the name of the purchaser or purchasers and a
The commissioners shall make a full and accurate definite description of the parcels of real estate sold
report to the court of all their proceedings as to the to each purchaser, and the effect of the judgment
partition, or the assignment of real estate to one of shall be to vest the real estate in the purchaser or
the parties, or the sale of the same. Upon the filing of purchasers making the payment or payments, free
such report, the clerk of court shall serve copies from the claims of any of the parties to the action. A
thereof on all the interested parties with notice that certified copy of the judgment shall in either case be
they are allowed ten (10) days within which to file recorded in the registry of deeds of the place in
objections to the findings of the report, if they so which the real estate is situated, and the expenses of
desire. No proceeding had before or conducted by the such recording shall be taxed as part of the costs of
commissioners shall pass the title to the property or the action.
bind the parties until the court shall have accepted
the report of the commissioners and rendered
judgment thereon.
Sec. 12. Neither paramount rights nor amicable
partition affected by this Rule,Rule 69
Sec. 7. Action of the court upon commissioners’
Nothing in this Rule contained shall be construed so as
report,Rule 69
to prejudice, defeat, or destroy the right or title of
any person claiming the real estate involved by title
Upon the expiration of the period of ten (10) days under any other person, or by title paramount to the
referred to in the preceding section, or even before title of the parties among whom the partition may
the expiration of such period but after the interested have been made; nor so as to restrict or prevent
parties have filed their objections to the report or persons holding real estate jointly or in common from
their statement of agreement therewith, the court making an amicable partition thereof by agreement
may, upon hearing, accept the report and render and suitable instruments of conveyance without
judgment in accordance therewith; or, for cause recourse to an action.
shown, recommit the same to the commissioners for
further report of facts; or set aside the report and
appoint new commissioners; or accept the report in
In partition, no rights of a third person over the
part and reject it in part; and may make such order
property are affected because there are no
and render such judgment as shall effectuate a fair
transmission of right; there is merely a
and just partition of the real estate, or of its value, if
designation and segregation of shares
assigned or sold as above provided, between the
several owners thereof.
PARTITION OF PERSONAL
PROPERTY
 dispossess- dispossess-
Sec. 13. Partition of personal property, Rule 69 ion has not ion has lasted
lasted for for more than
The provisions of this Rule shall apply to partitions of more than 1 1 year
estates composed of personal property, or of both year
real and personal property, in so far as the same may
be applicable. Jurisdiction: RTC: Value RTC: Value
MTC exceeds P20K exceeds P20K or
regardless of or P50K in P50K in Metro
Rules may also apply to personal properties value of Metro Manila Manila
property
MTC: if it does MTC: if it does not
PRESCRIPTION OF ACTION not exceed exceed such
the above amounts
Action for partition is unprescriptible for a long amounts
as the co-owners expressly or impliedly
recognize the co-ownership. However, if a co-
owner repudiates the co-ownership and makes
known such repudiation to the other co-owners, DEFINITION AND
then partition is no longer the proper remedy of
the aggrieved owner. He should file accion DISTINCTION
reivindicatioria (Roque vs IAC, 1988)
FORCIBLE ENTRY
The right of action to demand partition does not Consists in depriving a person of the possession
prescribe [De Castro v. Echarri, G.R. No. 5609 of the land or building for a period of time not
(1911)], except where one of the interested exceeding 1 year by force, intimidation,
parties openly and adversely occupies the strategy, threat or stealth (Tenerio vs Gamboa,
property without recognizing the co-ownership 81 Phil 55)
[Cordova v. Cordova (1958)] in which case,
acquisitive prescription may set in. The sole issue in forcible entry is who has a
better right to possess the property
involved. A non-registered owner can file an
action since the sole issue is who has the
VII. Forcible Entry and better right to possess and not as to who
Unlawful Detainer owns the property

RULE 70 The 1 year period begins from the time of

the entry
FORCIBLE ENTRY AND UNLAWFUL DETAINER
ACTIONS – Real actions which involve possession UNLAWFUL DETAINER
of real property Consists in the unlawful withholding by a person
from another, for not more than one year, of
THREE POSSIBLE ACTIONS TO BE FILED IN COURT the possession of any land or building after the
GOVERNING REAL PROPERTIES: expiration or termination of the right to hold
1. Accion Reinvindicatoria such possession by virtue of an express or
recovery of ownership implied contract (Torres vs Ocampo, 80 Phil 36)
2. Accion Publiciana
recovery of possession
3. Accion Interdictal FORCIBLE ENTRY AND UNLAWFUL DETAINER,
forcible entry (detentacion) or unlawful DISTINGUISHED
detainer (des halicio)
Forcible Entry Unlawful Detainer
COMPARATIVE TABLE
Accion Accion Accion Possession by the Possession is inceptively
Interdictal Publiciana Reinvidicatoria defendant is unlawful lawful but it becomes
from the beginning as he illegal by reason of the
Summary Plenary action Action for theacquires possession by termination of the right
action for the for the recovery offorce, intimidation,
recovery of recovery of ownership plusthreat, strategy or
physical real right of possession steath
possession possession
where the when the No prior demand is Demand is jurisdictional
 necessary if the ground is non-
payment of rentals or
failure to comply with WHO MAY INSTITUTE THE
the lease contract ACTION AND WHEN;
Plaintiff must prove that No need of prior AGAINST WHOM THE
he was in prior possession
possession ACTION MAY BE
1 year period reckoned 1 year period reckoned MAINTAINED
from the date of actual from the date of the
entry last demand
Section 1. Who may institute proceedings, and when,
Rule 70
ACCION INTERDICTAL AND
ACCION PUBLICIANA, Subject to the provisions of the next succeeding
section, a person deprived of the possession of any
DISTINGUISHED 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
Accion Interdictal Accion Publiciana
or building is unlawfully withheld after the expiration
or termination of the right to hold possession, by
Under the Summary Ordinary civil action the virtue of any contract, express or implied, or the
Proceeding; purpose of purpose of which is to legal representatives or assigns of any such lessor,
which is the recovery of recover the right of vendor, vendee, or other person, may, at any time
possession de facto possession (possession de within one (1) year after such unlawful deprivation or
jure) withholding of possession, bring an action in the
proper Municipal Trial Court against the person or
Exclusive jurisdiction of the RTC if it exceeds P20K; if it persons unlawfully withholding or depriving of
MTC is less, then MTC possession, or any person or persons claiming under
them, for the restitution of such possession, together
Period to file is 1 year from May be filed at any time with damages and costs.
unlawful deprivation or before ownership or other
unlawful withholding of real rights of the real
possession property involved are lost PROHIBITED PLEADINGS
by acquisitive prescription

Causes are force, Any other cause of unlawful Sec. 13. Prohibited pleadings and motions, Rule 70
intimidation, strategy, dispossession other than
threat or stealth (FISTS) FISTS, or even FISTS but The following petitions, motions, or pleadings shall
after the lapse of one year not be allowed:

Immediate execution is Immediate execution or 1. Motion to dismiss the complaint except on the
governed by Rule 70 execution pending appeal is ground of lack of jurisdiction over the subject
Section 19 governed by Rule 39 Section matter, or failure to comply with section 12;
2 (there must be a good 2. Motion for a bill of particulars;
reason) 3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
HOW TO DETERMINE 4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings,
JURISDICTION IN ACCION affidavits or any other paper;
6. Memoranda;
PULICIANA AND ACCION 7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the
REINVINDICATORIA court;
8. Motion to declare the defendant in default;
1. RTC has jurisdiction where the assessed 9. Dilatory motions for postponement;
value of the property exceeds P20,000 10. Reply;
or, in Metro Manila, P50,000; 11. Third-party complaints;
2. MTC has jurisdiction if the assessed 12. Interventions.
value does not exceed said amounts.
[Secs. 19, 33,BP 129, as amended] Sec. 14. Affidavits, Rule 70
 The affidavits required to be submitted under this irrespective of the amount of damages or unpaid
Rule shall state only facts of direct personal rentals sought to be recovered, shall be governed by
knowledge of the affiants which are admissible in the summary procedure hereunder provided.
evidence, and shall show their competence to testify
to the matters stated therein.
Sec. 4. Pleadings allowed, Rule 70
A violation of this requirement may subject the party
or the counsel who submits the same to disciplinary The only pleadings allowed to be filed are the
action, and shall be cause to expunge the complaint, compulsory counterclaim and cross-claim
inadmissible affidavit or portion thereof from the pleaded in the answer, and the answers thereto. All
record. pleadings shall be verified.

Sec. 6. Answer, Rule 70

Within ten (10) days from service of summons, the

ACTION ON THE defendant shall file his answer to the complaint and
serve a copy thereof on the plaintiff. Affirmative and
COMPLAINT negative defenses not pleaded therein shall be
deemed waived, except lack of jurisdiction over the
Sec. 5. Action on complaint, Rule 70
subject matter. Cross-claims and compulsory
The court may, from an examination of the
counterclaims not asserted in the answer shall be
allegations in the complaint and such evidence as may
considered barred. The answer to counterclaims or
be attached thereto, dismiss the case outright on any
cross-claims shall be served and filed within ten (10)
of the grounds for the dismissal of a civil action which
days from service of the answer in which they are
are apparent therein. If no ground for dismissal is
pleaded.
found, it shall forthwith issue summons.

Sec. 7. Effect of failure to answer, Rule 70

WHEN DEMAND Should the defendant fail to answer the complaint

within the period above provided, the court, motu
NECESSARY proprio or on motion of the plaintiff, shall render
judgment as may be warranted by the facts alleged in
the complaint and limited to what is prayed for
Sec. 2. Lessor to proceed against lessee only after therein. The court may in its discretion reduce the
demand, Rule 70 amount of damages and attorney’s fees claimed for
being excessive or otherwise unconscionable, without
Unless otherwise stipulated, such action by the lessor prejudice to the applicability of section 3 (c), Rule 9
shall be commenced only after demand to pay or if there are two or more defendants.
comply with the conditions of the lease and to vacate
is made upon the lessee, or by serving written notice
of such demand upon the person found on the Sec. 8. Preliminary conference; appearance of parties,
premises, or by posting such notice on the premises if Rule 70
no person be found thereon, and the lessee fails to
comply therewith after fifteen (15) days in the case Not later than thirty (30) days after the last answer is
of land or five (5) days in the case of buildings. filed, a preliminary conference shall be held. The
provisions of Rule 18 on pre-trial shall be applicable
to the preliminary conference unless inconsistent with
What is the demand talked about in Section 2? the provisions of this Rule.
• Demand to pay or comply with the
conditions of the lease contract AND The failure of the plaintiff to appear in the
• Demand to vacate preliminary conference shall be cause for the
dismissal of his complaint. The defendant who
appears in the absence of the plaintiff shall be
entitled to judgment on his counterclaim in
Sec. 3. Summary procedure,Rule 70 accordance with the next preceding section. All cross-
claims shall be dismissed.
Except in cases covered by the agricultural tenancy
laws or when the law otherwise expressly provides, If a sole defendant shall fail to appear, the plaintiff
shall likewise be entitled to judgment in accordance
all actions for forcible entry and unlawful detainer,
 with the next preceding section. This procedure shall rendered within fifteen (15) days after the receipt of
not apply where one of two or more defendants sued the last affidavit or the expiration of the period for
under a common cause of action who had pleaded a filing the same.
common defense shall appear at the preliminary The court shall not resort to the foregoing procedure
conference. just to gain time for the rendition of the judgment.

No postponement of the preliminary conference shall Sec. 12. Referral for conciliation, Rule 70
be granted except for highly meritorious grounds and
without prejudice to such sanctions as the court in Cases requiring referral for conciliation, where there
the exercise of sound discretion may impose on the is no showing of compliance with such requirement,
movant. shall be dismissed without prejudice, and may be
revived only after that requirement shall have been
complied with.
Sec. 9. Record of preliminary conference, Rule 70

Within five (5) days after the termination of the

preliminary conference, the court shall issue an order PRELIMINARY INJUNCTION
stating the matters taken up therein, including but
not limited to:
AND PRELIMINARY
MANDATORY INJUNCTION
1. Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by the Sec. 15. Preliminary injunction, Rule 70
parties;
3. Whether, on the basis of the pleadings and the The court may grant preliminary injunction, in
stipulations and admissions made by the parties, accordance with the provisions of Rule 58 hereof, to
judgment may be rendered without the need of prevent the defendant from committing further acts
further proceedings, in which event the judgment of dispossession against the plaintiff.
shall be rendered within thirty (30) days from
issuance of the order; A possessor deprived of his possession through
4. A clear specification of material facts which forcible entry or unlawful detainer may, within five
remain controverted; and (5) days from the filing of the complaint, present a
5. Such other matters intended to expedite the motion in the action for forcible entry or unlawful
disposition of the case.
detainer for the issuance of a writ of preliminary
mandatory injunction to restore him in his possession.
The court shall decide the motion within thirty (30)
The 10-day period is non-extendible days from the filing thereof.

PRELIMINARY MANDATORY INJUNCTION

Sec. 10. Submission of affidavits and position Possessor may present a motion for
papers,Rule 70 issuance of preliminary mandatory injunction in
Within ten (10) days from receipt of the order the action for forcible entry or unlawful
mentioned in the next preceding section, the parties detainer within 5 days from filing of complaint
shall submit the affidavits of their witnesses and to restore him in his possession. Court shall
other evidence on the factual issues defined in the decide the motion within 30 days from filing.
order, together with their position papers setting [Sec. 30]
forth the law and the facts relied upon by them.
Preliminary mandatory injunction shall be
available:
Sec. 11. Period for rendition of judgment, Rule 70 1. At the start of the action; [Sec. 15]
2. On appeal to the RTC upon motion of plaintiff
Within thirty (30) days after receipt of the affidavits within 10 days from perfection of appeal. [Sec.
and position papers, or the expiration of the period 20]
for filing the same, the court shall render judgment.
The injunction on appeal is to restore to
However, should the court find it necessary to clarify plaintiff in possession:
certain material facts, it may, during the said period, 1. If the court is satisfied that the
issue an order specifying the matters to be clarified, defendant’s appeal is frivolous or
and require the parties to submit affidavits or other dilatory; or
evidence on the said matters within ten (10) days 2. That the appeal of plaintiff is prima
from receipt of said order. Judgment shall be facie meritorious. [Sec. 20] MTC can
 also issue a preliminary mandatory to the possession only and shall in no wise bind
injuction in an unlawful detainer case. the title or affect the ownership of the land or
[Day v. RTC of Zamboanga, G.R. No. building. Such judgment shall not bar an action
71119 (1990)] between the same parties respecting title to the
land or building.

RESOLVING DEFENSE OF The judgment or final order shall be appealable to

the appropriate Regional Trial Court which shall
OWNERSHIP decide the same on the basis of the entire record
of the proceedings had in the court of origin and
such memoranda and/or briefs as may be
submitted by the parties or required by the
Sec. 16. Resolving defense of ownership, Rule 70
Regional Trial Court.
When the defendant raises the defense of ownership
in his pleadings and the question of possession cannot
be resolved without deciding the issue of ownership, HOW TO STAY IMMEDIATE
the issue of ownership shall be resolved only to
determine the issue of possession. EXECUTION OF JUDGMENT

Generally, the court will only determine the Sec. 19. Immediate execution of judgment; how to
issue of possession. But if the issue on ownership stay same, Rule 70
is intertwined with the issue of possession, the
court may rule on ownership but the declaration If judgment is rendered against the defendant,
of ownership is merely prima facie. execution shall issue immediately upon motion, unless
an appeal has been perfected and the defendant to
stay execution files a sufficient supersedeas bond,
Sec. 17. Judgment,Rule 70 approved by the Municipal Trial Court and executed in
favor of the plaintiff to pay the rents, damages, and
If after trial the court finds that the allegations of the costs accruing down to the time of the judgment
complaint are true, it shall render judgment in favor appealed from, and unless, during the pendency of
of the plaintiff for the restitution of the premises, the the appeal, he deposits with the appellate court the
sum justly due as arrears of rent or as reasonable amount of rent due from time to time under the
compensation for the use and occupation of the contract, if any, as determined by the judgment of
premises, attorney’s fees and costs. If it finds that the Municipal Trial Court. In the absence of a
said allegations are not true, it shall render judgment contract, he shall deposit with the Regional Trial
for the defendant to recover his costs. If a Court the reasonable value of the use and occupation
counterclaim is established, the court shall render of the premises for the preceding month or period at
judgment for the sum found in arrears from either the rate determined by the judgment of the lower
party and award costs as justice requires. court on or before the tenth day of each succeeding
month or period. The supersedeas bond shall be
transmitted by the Municipal Trial Court, with the
While damages seem to be recoverable, these other papers, to the clerk of the Regional Trial Court
are limited only to: to which the action is appealed.
1. Attorney’s fees
All amounts so paid to the appellate court shall be
2. Costs
deposited with said court or authorized government
3. Unpaid Rentals and
depositary bank, and shall be held there until the
4. Reasonable Compensation
final disposition of the appeal, unless the court, by
agreement of the interested parties, or in the
Other damages can be claimed in another case
absence of reasonable grounds of opposition to a
(Reyes vs CA, 38 SCRA 138, Baen vs CA, 125
motion to withdraw, or for justifiable reasons, shall
SCRA 634)
decree otherwise. Should the defendant fail to make
the payments above prescribed from time to time
during the pendency of the appeal, the appellate
Sec. 18. Judgment conclusive only on possession;
court, upon motion of the plaintiff, and upon proof of
not conclusive in actions involving title or
such failure, shall order the execution of the
ownership,Rule 70
judgment appealed from with respect to the
restoration of possession, but such execution shall not
The judgment rendered in an action for forcible
be a bar to the appeal taking its course until the final
entry or detainer shall be conclusive with respect
disposition thereof on the merits.
 procedure of Rule 70, irrespective of the
After the case is decided by the Regional Trial Court, amount of damages or unpaid rentals sought to
any money paid to the court by the defendant for be recovered. [Sec. 3]
purposes of the stay of execution shall be disposed of
in accordance with the provisions of the judgment of EXPN:
the Regional Trial Court. In any case wherein it 1. In cases covered by the agricultural
appears that the defendant has been deprived of the tenancy laws; or
lawful possession of land or building pending the 2. When the law otherwise expressly
appeal by virtue of the execution of the judgment of provides. [Sec. 3]
the Municipal Trial Court, damages for such
deprivation of possession and restoration of
possession may be allowed the defendant in the Q: Differentiate Unlawful Detainer from Forcible
judgment of the Regional Trial Court disposing of the Entry.
appeal. A:
UNLAWFUL DETAINER FORCIBLE ENTRY
The possession of the The possession of the
What can be done to stop the order of defendant is unlawful defendant is lawful from
execution? from the beginning; the beginning becomes
issue is which party illegal by reason of the
1. You must appeal the judgment for it to not has prior de facto expiration or termination of
become final possession; his right to the possession
2. The defendant must file a supersedeas bond of the property;
to the RTC The law does not Plaintiff must first make
require previous such demand which is
SUPERSEDEAS BOND demand for the jurisdictional in nature;
bond which will answer for all the amount due defendant to vacate;
to the plaintiff up to the date of the judgment The plaintiff must The plaintiff need not have
prove that he was in been in prior physical
Should be deposited within 15 days together prior physical possession;
with the notice of appeal possession of the
premises until he was
Make periodical deposits of the rents falling deprived by the
due during the pendency of the appeal defendant; and
every month The one-year period is The one-year period is
generally counted counted from the date of
from the date of last demand
Sec. 20. Preliminary mandatory injunction in case of actual entry on the
appeal,Rule 70 property.
Upon motion of the plaintiff, within ten (10) days
from the perfection of the appeal to the Regional Q: What are the rules in the execution of
Trial Court, the latter may issue a writ of preliminary judgments in ejectment cases?
mandatory injunction to restore the plaintiff in A: A judgment on a forcible entry and detainer
possession if the court is satisfied that the action is immediately executory and the court’s
defendant’s appeal is frivolous or dilatory, or that the duty to order the execution is practically
appeal of the plaintiff is prima facie meritorious. ministerial. This rule applies when the judgment
is against the defendant. It does not apply when
it is the defendant that prevails.
Sec. 21. Immediate execution on appeal to Court of
Appeals or Supreme Court, Rule 70
VIII. Contempt
The judgment of the Regional Trial Court against the
defendant shall be immediately executory, without RULE 71
prejudice to a further appeal that may be taken
CONTEMPT
therefrom.
In simple terms, it is defiance of the authority
of the court.

It is a disregard of or disobedience with the

SUMMARY PROCEDURE rules and orders of a judicial body, or an
interruption of its proceedings by disorderly
GR: All actions for forcible entry and unlawful behavior, or insolent language, in its presence
detainer shall be governed by the summary
or so near thereto, as to disturb the proceedings
or to impair the respect due to such body. Summary in nature There is a charge and a
hearing
The power to punish contempt is inherent in
all courts; its existence is essential to the Punishment: Punishment:
preservation of order in judicial proceedings If before RTC – fine not If before RTC – fine not
and the enforcement of judgments, orders exceeding P2K or exceeding P30K or
and mandates of the court and imprisonment not imprisonment not
consequently, to the administration of exceeding 10 days or exceeding 6 months or
justice both; If before MTC – both; If before MTC – fine
fine not exceeding P200 not exceeding P5K or
Rule 135 (5) – inherent power of courts – to or imprisonment not imprisonment not
compel obedience to its orders, to maintain exceeding 1 day or both exceeding 1 month or
its dignity while proceedings are going on; both
violation of such and a person can be held in
contempt Remedy is certiorari or Remedy is appeal
prohibition
KINDS OF CONTEMPT Otherwise known as Otherwise known as
AS TO MANNER OF COMMISSION: contempt in facie curiae constructive contempt
1. Direct
2. Indirect
3. AS TO NATURE: PURPOSE AND NATURE
4. Criminal DIRECT CONTEMPT
5. Civil Act committed in the presence of or so near the
court or judge as to obstruct or interrupt the
proceedings before the same.
Section 1. Direct contempt punished summarily, Rule
71 INDIRECT CONTEMPT
or constructive contempt; one committed out or
A person guilty of misbehavior in the presence of or not in the presence of the court. It is an act
so near a court as to obstruct or interrupt the done in a distance which tends to belittle,
proceedings before the same, including disrespect degrade, obstruct, interrupts, or embarrass the
toward the court, offensive personalities toward court and justice, as in refusing to obey its
others, or refusal to be sworn or to answer as a order or lawful process and can be punished
witness, or to subscribe an affidavit or deposition only after hearing
when lawfully required to do so, may be summarily
adjudged in contempt by such court and punished by
a fine not exceeding two thousand pesos or
imprisonment not exceeding ten (10) days, or both, if
it be a Regional Trial Court or a court of equivalent or
higher rank, or by a fine not exceeding two hundred
pesos or imprisonment not exceeding one (1) day, or
both, if it be a lower court.

DUAL FUNCTION OF CONTEMPT PROCEEDINGS:

1. Vindication of public interest by punishment
of contemptuous conduct
2. Coercion to compel contemnor to do what
the law requires him to uphold the power of
the Court and to secure the rights of the
parties to a suit awarded by the Court

DIRECT CONTEMPT AND INDIRECT CONTEMPT,

DISTSINGUISH

Direct Contempt Indirect Contempt

(Section 1) (Section 3)

Committed in the Not committed within

presence of or so near the presence of the court
the court
 CRIMINAL CONTEMPT AND CIVIL CONTEMPT,
DISTINGUISHED
1. He cannot appeal, but he may file certiorari
or prohibition.
Criminal Contempt Civil Contempt
2. Execution of judgment shall be suspended
pending resolution of such petition, provided:
Punitive in nature; Compensatory or (a) He files a bond fixed by the court
punishment remedial which rendered judgment; and
(b) Conditioned that he will abide by
Intent is a necessary Intent is immaterial and perform the judgment should the
element petition be decided against him.
State is the real Aggrieved party or his
prosecutor successor or someone Penalties (Sec. 1, Rule 71)
who has pecuniary OFFENSE PENALTY
interest in the right to If RTC or a court of Fine not exceeding
be protected equivalent or higher P2,000 and/or
rank Imprisonment not
The defendant is There is no presumption, exceeding 10 days or
presumed innocent although the burden of both
and the burden is on proof is on the If lower court: Fine not exceeding
the prosecution to complainant, and while P200 and/or
prove charges the proof need not be Imprisonment not
beyond reasonable beyond reasonable exceeding 1 day or both
doubt doubt, it must amount
to more than mere
preponderance of
evidence REMEDY OF A PERSON
CIVIL CONTEMPT – consists in the failure to do
ADJUDGED IN INDIRECT
something ordered to be done by a court or CONTEMPT
judge in a civil case for the benefit of the
opposing party therein Sec. 11. Review of judgment or final order; bond for
stay, Rule 71
CRIMINAL CONTEMPT – consists in the conduct
that is directed against the authority and dignity The judgment or final order of a court in a case of
of the court or of a judge acting judicially, as in indirect contempt may be appealed to the proper
unlawfully assailing or discrediting the authority court as in criminal cases. But execution of the
and dignity of the court or judge, or in doing a judgment or final order shall not be suspended until a
forbidden act bond is filed by the person adjudged in contempt, in
an amount fixed by the court from which the appeal
is taken, conditioned that if the appeal be decided
REMEDY OF A PERSON against him he will abide by and perform the
judgment or final order.
ADJUDGED IN DIRECT
CONTEMPT (Sec. 2, Rule
• May be appealed to the proper court as
71) in criminal cases, but execution shall
not be suspended until bond is filed.
Sec. 2. Remedy therefrom, Rule 71 (Sec. 11, Rule 71).
• Generally, a non-party may not be
The person adjudged in direct contempt by any court liable for contempt unless he is guilty
may not appeal therefrom, but may avail himself of of conspiracy with any of the parties in
the remedies of certiorari or prohibition. The violating the court’s orders. [Desa Ent.
execution of the judgment shall be suspended Inc. v. SEC, G.R. No. L- 45430(1982)]
pending resolution of such petition, provided such • A contempt proceeding, whether civil
person files a bond fixed by the court which rendered or criminal, is still a criminal
the judgment and conditioned that he will abide by proceeding, hence, acquittal is a bar to
and perform the judgment should the petition be a second prosecution. The distinction is
decided against him. for the purpose only of determining the
character of the punishment to be
 administered. [Santiago v. Anunciacion, committed against a lower court, he may be
G.R. No. 89318(1990)] punished by a fine not exceeding five thousand pesos
or imprisonment not exceeding one (1) month, or
Penalties (Sec 7, Rule 71) both. If the contempt consists in the violation of a
writ of injunction, temporary restraining order or
status quo order, he may also be ordered to make
Offense Penalty complete restitution to the party injured by such
against RTC, or Fine not exceeding P30,000 violation of the property involved or such amount as
court of equivalent and/or Imprisonment not may be alleged and proved.
or higher rank exceeding 6 month, or both
committed against Fine not exceeding P500, The writ of execution, as in ordinary civil actions,
lower court and/or Imprisonment not shall issue for the enforcement of a judgment
exceeding 1 month, or both imposing a fine unless the court otherwise provides.
contempt consists in Offender may also be ordered
violation of a writ of to make complete restitution
injunction, TRO, or to the party injured by such
status quo order violation of the property HOW CONTEMPT
involved or such amount as
may be alleged and proved.
PROCEEDINGS ARE
committed against a
person or entity
Penalty shall depend upon the
provisions of the law which
COMMENCED
exercising authorizes penalty for
Sec. 4. How proceedings commenced, Rule 71
quasijudicial contempt against such persons
functions or entities (Sec. 12, Rule 71)
Proceedings for indirect contempt may be initiated
motu proprio by the court against which the contempt
was committed by an order or any other formal
Sec. 5. Where charge to be filed, Rule 71
charge requiring the respondent to show cause why
he should not be punished for contempt.
Where the charge for indirect contempt has been
committed against a Regional Trial Court or a court of In all other cases, charges for indirect contempt shall
equivalent or higher rank, or against an officer be commenced by a verified petition with supporting
appointed by it, the charge may be filed with such particulars and certified true copies of documents or
court. Where such contempt has been committed papers involved therein, and upon full compliance
against a lower court, the charge may be filed with with the requirements for filing initiatory pleadings
the Regional Trial Court of the place in which the
for civil actions in the court concerned. If the
lower court is sitting; but the proceedings may also contempt charges arose out of or are related to a
be instituted in such lower court subject to appeal to principal action pending in the court, the petition for
the Regional Trial Court of such place in the same contempt shall allege that fact but said petition shall
manner as provided in section 2 of this Rule. 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
Sec. 6. Hearing; release on bail, Rule 71 hearing and decision.
If the hearing is not ordered to be had forthwith, the
respondent may be released from custody upon filing SUMMARY OF PROCEDURE FOR INDIRECT
a bond, in an amount fixed by the court, for his CONTEMPT
appearance at the hearing of the charge. On the day
set therefor, the court shall proceed to investigate Procedure for Indirect Contempt
the charge and consider such comment, testimony or
Who Court Motu Party
defense as the respondent may make or offer.
Initiates Propio
How it is By order or By a verified petition
initiated any written with supporting
Sec. 7. Punishment for indirect contempt, Rule 71 charge particulars and
requiring certified true copy
respondent to of documents or
If the respondent is adjudged guilty of indirect
show cause papers involved and
contempt committed against a Regional Trial Court
why he should full compliance with
or a court of equivalent or higher rank, he may be
not be held in the requirements for
punished by a fine not exceeding thirty thousand
contempt filing initiatory
pesos or imprisonment not exceeding six (6) months,
pleadings in ordinary
or both. If he is adjudged guilty of contempt
civil actions
Where it is Where the contempt is directed of damages shall be the extent of the loss or injury
initiated against the RTC or equivalent or higher sustained by the aggrieved party by reason of the
rank; misconduct for which the contempt charge was
prosecuted, with the costs of the proceedings, and
When the contempt is directed against such recovery shall be for the benefit of the party
a lower court: injured. If there is no aggrieved party, the bond shall
RTC of the place where the lower be liable and disposed of as in criminal cases.
court is sitting or
In the same lower court subject to
appeal to the higher court Sec. 10. Court may release respondent, Rule 71
Hearing If hearing is not immediately
and Bail conducted, respondent may be The court which issued the order imprisoning a person
released upon the filing of the bond in for contempt may discharge him from imprisonment
the amount fixed by the court when it appears that public interest will not be
Appeal Appeal may be taken in proper courts prejudiced by his release.
as in criminal cases
Execution Execution of judgment shall not be
of suspended even by appeal unless bond
Judgment if filed conditioned upon the
performance by the respondent of that
CONTEMPT AGAINST
judgment should it be decided against QUASI-JUDICIAL BODIES
him on appeal

WHEN IMPRISONMENT Sec.12. Contempt against quasi-judicial entities, Rule

71
SHALL BE IMPOSED Unless otherwise provided by law, this Rule shall
apply to contempt committed against persons,
Sec. 8. Imprisonment until order obeyed, Rule 71
entities, bodies or agencies exercising quasi-judicial
When the contempt consists in the refusal or omission
functions, or shall have suppletory effect to such
to do an act which is yet in the power of the
rules as they may have adopted pursuant to authority
respondent to perform, he may be imprisoned by
granted to them by law to punish for contempt. The
order of the court concerned until he performs it.
Regional Trial Court of the place wherein the
contempt has been committed shall have jurisdiction
over such charges as may be filed therefor.
Sec. 9. Proceeding when party released on bail fails to
answer, Rule 71

When a respondent released on bail fails to appear on

the day fixed for the hearing, the court may issue
another order of arrest or may order the bond for his
appearance to be forfeited and confiscated, or both;
and, if the bond be proceeded against, the measure