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Filing before any breach or violation; justiciable controversy III. Review of Judgments and Final Orders or Resolutions of the Commission on
This action will not prosper when brought after a contract or statute has already Elections and the Commission on Audit (Rule 64)
been breached. A party aggrieved by the judgment, final order or resolution of the COMELEC or
As a cause of action has already accrued in favor of one or the other party, there is COA may file a petition for certiorari under Rule 65.
nothing more for the court to explain or clarify short of a judgment or final order. The mode of review under Rule 64 is starkly different form the mode applicable to
When the breach occurs not before the filing of the petition for declaratory relief the judgment, final order or resolution of the CSC because it cannot be assailed
but after the action has been instituted and during its pendency , the action is not under Rule 65 but under Rule 43 on appeal with the CA.
to be dismissed but may be converted into an ordinary action. The petition for certiorari under Rule 64 shall be filed within 39 days form notice
A justiciable controversy is indispensable. It need not be a controversy consisting of the judgment, final order or resolution of the COMELEC and COA.
of an actual violation of a right. When the petition for certiorari is directed against an interlocutory order f the
The court should not be called upon to render a “mere advisory” opinion because a commission, Rule 65 will apply.
declaratory relief has no res judicata effect.
Motion for new trial or motion for reconsideration
Similar Remedies If such motions are allowed, the filing of either shall interrupt the period for the
b.1 Reformation – not an action brought to reform the contract but to filing of the petition for certiorari. If the motion is denied, the aggrieved party may
reform the instrument because it does not reflect the true intention of the file the petition with the remaining period, but which shall not be less than 5 days.
parties by reason of mistake, fraud, inequitable conduct or accident.
Where the consent of a party was obtained because of the above reasons, Basic requirements for the petition
what is defective is the contract itself. The remedy is to file an action for The petition shall be verified and filed in 18 copies.
annulment because of vitiation of consent. Accompanied by clearly legible duplicated original or certified true copy of the
Reformation is not proper to the ff: judgment, final order of resolution, together with the certified true copies of such
1. simple donations inter vivos wherein no condition is imposed; material portions of the record and other documents.
2. wills; It shall name the aggrieved party as petitioner and shall join as respondent the
3. when the agreement is void. commission and all other interested persons.
It shall state the facts with certainty, present clearly the issues involved, set forth
b.2 Consolidation of Ownership – not for the purpose of consolidating the the grounds and brief arguments.
ownership of the property in the person of the vendee but for the registration State the specific material dates.
of the property. Accompanied by proof of service and of the timely payment of the legal fees.
The lapse of the redemption period without the seller exercising his Certification against forum shopping.
right of redemption, consolidated ownership by operation of law. Prayer for annulment or modification of the questioned judgment, final order or
Redemption can be done either by: resolution.
1. legal redemption (retracto legal) – statutory mandated Note: Failure to comply with any is a ground for dismissal.
redemption of property previously sold.
2. conventional redemption (pacto de retro) – not mandated by Order to comment; outright dismissal
statute but one which takes place because of stipulation. The court may dismiss the petition outright if the petition:
o is not sufficient in form and substance;
b.3 Quieting of Title – an action to remove a cloud on title to real property o filed manifestly for delay;
or any interest therein. o the question is too unsubstantial to warrant further proceedings.
Contemplates a situation where an instrument or a record is The court shall order the respondents to file their comments in 18 copies
apparently valid but is in truth and in fact invalid. accompanied by certified true copies of the material portions of the record within
Plaintiff need not be in possession before the may bring the action 10 days form notice if it finds the petition sufficient in form and substance which
as long as he can show that the has a legal or an equitable title. shall be served to the petitioner as well.
No other pleading may be filed by any party unless required or allowed.

Filing of petition does not stay execution

Unless the SC directs otherwise. To prevent the execution, the petitioner should
obtain a TRO or a writ of preliminary injunction.

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Oral arguments; memoranda; submission for decision lower court is its lack of jurisdiction over the subject matter, or the exercise of
Upon filing of the comments, the case shall be deemed submitted for decision power in excess thereof, or grave abuse of discretion.
except if the Court decided to set the case for oral argument or requires the parties The existence and availability of the right to appeal prohibits the resort to certiorari
to submit memoranda. because appeal and certiorari are mutually exclusive. The petitioner must show
valid reasons why the issues raised in his petition for certiorari could not have been
IV. Certiorari, Prohibition and Mandamus (Rule 65) raised on appeal.

A. Certiorari When certiorari is available despite the loss of appeal

a. When public welfare and the advancement of public policy dictates;
Nature and purpose of the remedy b. When the broader interest of justice so requires;
A special civil action. It is not a mode of appeal. It is an original action independent c. When the writs issued are null and void;
from the principal action. d. When the questioned order amounts to an oppressive exercise of judicial authority.
Certiorari is not intended to review the errors of judgment. Does not go as far as to
examine and asses the evidence. Requisites
It is a remedy for the correction of errors of jurisdiction and may be directed a. The petition is directed against a tribunal, board or officer exercising judicial or
against an interlocutory order of the lower court prior to an appeal. quasi-judicial functions
An appeal to the SC may be taken only by petition for review on certiorari under The tribunal, board or officer exercising judicial or quasi-judicial function must be
Rule 45. clothed with power and authority to pass judgment or render a decision on the
controversy construing and applying the laws. Where the function s merely
Correction of errors of jurisdiction investigative and recommendatory with no power to pronounce judgment,
Certiorari is an extraordinary remedy that is adopted to correct errors of certiorari will not lie.
jurisdiction committed by the lower courts or quasi-judicial agency, or when there One is said to be exercising judicial or quasi-judicial function when:
is grave abuse of discretion on the part of such court or agency. Where the error is o He has discretion;
not one of jurisdiction, but of law or fact which is a mistake of judgment, or what o He has the power to determine what the law is and what the legal rights
is being questioned was merely the findings, the proper remedy should be appeal. of the parties are, and then undertakes to determine these questions.

Certiorari distinguished from appeal b. That such tribunal, board or officer has acted without or in excess of jurisdiction or
Certiorari Appeal with grave abuse of discretion;
Proper to correct errors of jurisdiction Error is not one of jurisdiction but an Certiorari must be based on jurisdictional grounds because as long as the
error of law or fact respondent acted with jurisdiction, any error committed by him will amount to
nothing more that an error of judgment, reviewable by appeal only.
Necessity for a writ of injunction; certiorari not sufficient Excess of jurisdiction means an act, through the general power of a tribunal, board
The filing of a petition for certiorari does not interrupt the course of the principal or officer is not authorized and invalid with respect to the particular proceeding
action not the running of the reglementary periods involved, unless, an application because the conditions alone authorized the exercise of the general power in
for a restraining order or a writ of preliminary injunction to the appellate court is respect of it are wanting.
granted. Without jurisdiction means lack or want of legal power, right or authority to hear
and determine a cause or causes of action.
There is NO petition for certiorari in a summary proceeding Acting in excess of jurisdiction does not connote a total absence of jurisdiction. It
Although prohibited, the SC in one case allowed the petition because the trial court signifies an act authorized by law but performed beyond the bounds of that
gravely abused its discretion by indefinitely suspending the proceedings in an authority. Equivalent to lack of jurisdiction.
ejectment case contrary to the purposes of the Rules on Summary Procedure by Grave abuse of discretion, the use of discretion should have been arbitrary due to
invoking its power to suspend the rules because of the extraordinary circumstance, passion, prejudice or personal hostility so patent and gross that it amounts to
in order to give spirit and life to the Rules on Summary Procedure. (Go v. CA) evasion to perform a positive duty under the law.

Certiorari not a substitute for lost appeal c. There is neither appeal not any plain, speedy and adequate remedy in the ordinary
It cannot be made a substitute for an appeal where the latter remedy is available course of law for the purpose of annulling or modifying the proceeding.
but was lost through fault or negligence. The remedy to obtain a reversal of
judgment on the merits is appeal. This holds true even if the error ascribed to the

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The filing of a MR is a condition sine qua non to the filing of a petition for Court where petition is filed
certiorari to allow the court an opportunity to correct its imputed errors. The ff are The hierarchy of courts is observed. The SC’s original jurisdiction is shared with the
the exceptions: CA, RTC and Sandiganbayan (in aid of its appellate jurisdiction).
a. where the order is a patent nullity; If the petition relates to acts or omissions of a lower court or of a court, board, or
b. where the questions raised in the certiorari proceeding have been duly officer, the petition must be filed at the RTC which has territorial jurisdiction over
raised and passed by the lower court; that area.
c. where there is an urgent necessity for the resolution of the question and It may also be filed at the CA, whether or not it is in aid of its appellate jurisdiction.
further delay can result to prejudice; If it involves the acts or omissions of quasi-judicial agency, the petition must be
d. where the subject matter is perishable; filed at the CA.
e. where an MR would be useless; A direct invocation of the SC’s original jurisdiction should be allowed only when
f. where petitioner was deprived of due process; there are special and important reasons, clearly and specifically set out in the
g. where the proceedings in the lower court is a nullity; petition.
h. criminal cases, where relief from order of arrest is improbable;
i. ex parte proceedings and the petitioner has no opportunity to object; Parties to the petition
j. where the issue is one purely of law. Filed be the “person aggrieved” who was a party in the proceedings in the lower
Where an appeal is available, certiorari will not prosper, even is the ground is court.
grave abuse of discretion except when it can be shown that appeal would be Where the petition relates to the acts or omissions of a judge, court, quasi-judicial
inadequate, slow, insufficient, and will not promptly relieve a party for the injurious agency, tribunal, corporation, board, officer or person, the petitioner shall join as
effects of the order complained of. private respondent with the public respondent, the person interested in sustaining
the proceeding. The private respondent should appear and defend not only his
How to avail the remedy of certiorari own behalf but also in behalf of the public respondent affected by the proceeding.
The person aggrieved may file a verified petition in the proper court alleging the Costs shall be against the private respondent only.
facts with certainty and praying that the judgment be rendered annulling or The public respondent shall not appear in or file an answer or comment to the
modifying the proceedings of the tribunal, board or officer. petition unless specifically directed by the court.
The petition shall be accompanied by:
a. certified true copy of the judgment, order or resolution subject of the Injunctive relief
petition; It is necessary to avail of either a TRO or a writ of preliminary injunction to be
b. copies of all relevant pleading and documents; and issued by a higher court against the public respondent so it may, during the
c. a sworn certification of non-forum shopping (this is an initiatory pendency of the petition, refrain from further proceedings.
pleading).
Non-observance of the rule is a sufficient cause for the dismissal of the petition. Order to comment
Summons is issued in a petition for certiorari.
When to file The court shall issue an order requiring the respondent to comment on the petition
Within 60 days from notice of judgment, order or resolution. If MR or new trial is within 10 days form receipt which shall be made only if the court finds that the
timely filed, the 60 days shall be counted from the denial of said motion. petition is sufficient in form and substance. The court will dismiss if it finds
No extension of time. Except, for compelling reasons which shall not exceed 15 otherwise.
days. If it is before the SC and CA, the respondent may also be required to file a
comment and not a motion to dismiss. It may also require the filing of a reply and
Material dates in the petition; ‘material date’ rule other responsive pleadings.
a. The date when the judgment, final order or resolution was received;
b. The date when a motion for new trial or reconsideration was filed; and Proceedings after comment; judgment
c. Notice of the denial thereof. The court may hear the case or require parties to submit memoranda. If after such
hearing or submission of memoranda, the court finds the allegations of the petition
are true, it shall render judgment for the relief prayed for. If the court finds that
the petition was filed without merit or for delay, it may dismiss the petition.

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Service of copy of judgment to public respondent B. Prohibition

All private parties shall also be served with a copy of the judgment.
Nature and purpose of the remedy
Relief an extraordinary writ commanding a tribunal, corporation, board or person, to
The annulment or modification of the judgment, order or resolution or proceeding desist from further proceedings when said proceedings are without or in excess of
subject of the petition. It may also require such other incidental reliefs as law and its jurisdiction, or with grave abuse of discretion.
justice may require. It may also award damages. To prevent an encroachment, excess, usurpation or assumption of jurisdiction on
the part of the tribunal, corporation, board or person.
Distinctions between Rule 45 and Rule 65 This is an original and independent action. An action for prohibition does not divest
the inferior court of its jurisdiction validly acquired. This is merely an invocation for
Rule 45 Rule 65 the exercise of the SC’s supervisory power over the lower court to insure that it
Mode of appeal A special civil action that is an original action acts within its jurisdiction.
and not a mode of appeal
Seeks to review final orders or judgments May be directed against interlocutory orders Requisites:
or matters that has no appeal a. The petition must be directed against tribunal, corporation, board or person
Questions of law Questions of jurisdiction exercising judicial, quasi-judicial or ministerial functions.
Filed within 15 days from notice of Filed not later than 60 days form notice of b. The tribunal, corporation, board or person must have acted in excess of its
judgment or final order judgment, order or resolution and in case of jurisdiction, or with grave abuse of discretion.
an MR, 60 days shall be counted from the c. There is no appeal or other adequate remedy.
notice of denial of the MR d. Must be accompanied bye a certified true copy of the judgment or order subject of
Does not require a prior MR Requires a prior MR the petition, copies of all pleadings and documents relevant and pertinent thereto,
It does not implead the lower court or the The tribunal, board or officer is impleaded as and a certificate against non forum shopping.
judge respondent
Prohibition distinguished form injunction
Stays the judgment Does not stay the judgment unless enjoined
or stayed Injunction is directed against a party to the action. Prohibition is directed to the
court or tribunal.
Filed with the SC May be filed in the RTC, CA, Sandiganbayan
and SC
Prohibition distinguished from certiorari
Distinctions between Rule 64 and Rule 65
Certiorari Prohibition
Seeks to annul a judicial or quasi- Directed not only to a judicial or quasi-
Rule 64 Rule 65
judicial act judicial act but even to ministerial act
Directed only to the judgments, final Directed to any tribunal, board or officer
Directed to the action of the court Directed to the court itself to refrain
orders or resolutions of the COMELEC exercising judicial or quasi-judicial
sought to be annulled from further proceeding
and COA functions
Filed within 30 days form notice Filed within 60 days from notice
C. Mandamus
Filing of an MR or New Trial interrupts If the MR or New Trial is denied, the 60
the filing of the petition for certiorari. If days will be counted from notice of the
Nature and purpose of the remedy
denied, the petition may be filed within denial
An extraordinary writ commanding a tribunal, corporation, board or person, to do
the remaining period which shall not be
an act required to be done:
less than 5 days
a. When he unlawfully neglects the performance of an act which the law
specifically enjoins as a duty, and there is no other adequate remedy.
b. It is also available when one unlawfully excludes another from the use
and enjoyment of a right or office to which such other is entitled.
It is essential that petitioner should have a clear legal right to the thing demanded
and it must be the imperative duty of the respondent to perform the act required.
Principal function: to Command

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Requisites:
a. The plaintiff has a clear legal right to the act demanded; V. Quo Warranto (Rule 66)
b. It must be the duty of the defendant to perform the act;
c. The defendant unlawfully neglects the performance of the duty; Nature and purpose of the action
d. The act to be performed is ministerial; Quo warranto literally means ‘by what authority’. The object is to determine the
e. There is no appeal or other adequate remedy. right of a person to the use or exercise of a franchise or office and to oust the
holder.
Ministerial act or duty Commenced by filing a verified petition against the ff:
When it demands no special judgment, discretion or skill. Mandamus is not a. A person who usurps a public office, position or franchise;
available to compel the performance of a discretionary act. b. A public officer who performs an act constituting forfeiture of a public
A duty enjoined by law. office; or
Requires the exhaustion of administrative remedies. c. An association which acts as a corporation within the Philippines without
being legally incorporated or without lawful authority.
Discretionary acts not compellable by mandamus
Will not issue to control or review the exercise of discretion of a public officer in The petitioner
reference to any matter in which he is required to act. Brought in the name of the government by the Solicitor General, or in some
instances, by a public prosecutor.
Contractual duties not compellable by mandamus May be commenced by a private person where he claims to be entitled to the
Mandamus was not intended to aid a plaintiff in the enforcement of a mere public office.
contract right, or to take the place of other remedies provided by law for the A private person may maintain the action without the intervention of the Solicitor
adjudication of disputed claims. To permit the with to be used to the purpose of General and without any leave of court. But he must show that he has a clear right
enforcing a mere contract right would be a wide departure for the settled practice to the office allegedly being held by another.
in respect to the character of cases in which relief by mandamus may be obtained.
Jurisdiction and venue
Mandamus distinguished form injunction May be brought in the SC, CA or RTC which has jurisdiction over the territorial area
where the respondent resides. Sandiganbayan in aid of its appellate jurisdiction.
Mandamus Injunction If commenced by the Solicitor General, the petition may be brought in the RTC of
Special civil action Ordinary civil action Manila, CA or SC.
Directed against a tribunal, Directed against a litigant
corporation, board or person Period of filing
Purpose: to compel a tribunal, Purpose: for the defendant either to Must be filed within 1 year after the cause of the ouster, or the right of the
corporation, board or person to refrain from an act or to perform an act petitioner to hold such office arose.
perform a ministerial and legal duty
Perform a positive legal duty and not To prevent an act to maintain the status Right to damages
to undo what has been done quo If the petitioner is adjudged to be entitled to the office, he may sue for damages
against the alleged usurper with 1 year from entry of judgment establishing his
Mandamus distinguished form quo warranto right to the office.
Mandamus is available when one is unlawfully excluded form the use of enjoyment
of an office. It is brought against the person who is responsible for excluding the Quo Warranto under the Omnibus Election Code
petitioner. Quo warrato is brought against the holder of the office, who is the May be instituted with the COMELEC by any voter contesting the eletion of any
person claiming the office against the petitioner. member of Congress, regional, provincial or city officer within 10 days after the
proclamation. The grounds are:
a. ineligibility
b. disloyalty to the Republic
If brought against a municipal officer it must be filed at the appropriate RTC. If
barangay, at the appropriate MTC.

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c. Payment of just compensation;

Quo warranto in an elective office against quo warranto in an appointive office d. A valid and definite offer has been previously made to the owner sought
distinguished to be expropriated.

Elective Appointive Stages in the expropriation process

Election Law Rules of Court 1st stage – determination of the authority to expropriate. This ends with the
Eligibility of the person elected Legality of the occupancy of the office issuance of an order of expropriation.
by virtue of a legal appointment 2nd stage – determination of just compensation through the court appointed
Filed within 10 days after the Filed within 1 year from the time the commissioners.
proclamation cause of the ouster, or right of the
petitioner to hold the office or position How expropriation is commenced
arose Commencement of a complaint for expropriation is necessary only when the owner
Filed in the COMELEC, RTC or MTC Files at the SC, CA or RTC does not agree to sell his property or if he is willing to sell but does not agree with
May be filed by any voter even if he is Petitioner is the person entitled to the the price. The verified complaint shall state:
not entitled to the office office a. the right of the plaintiff to expropriate and its purpose;
When the tribunal declares the The court has the power to declare who b. describe the property sought;
candidate as ineligible, he will be the person entitled to the office is if he c. join as defendants all parties who has an interest in the property.
unseated but the second placer will not is the petitioner The defendant shall be served with summons
be declared as the one duly elected Under both Rule 67 and RA 8974, the government commences expropriation
proceedings through the filing of a complaint. Local governments, ordinance is
Quo warranto proceedings and election protests necessary before filing the complaint.
Cause of action in quo warranto is the ineligibility or disloyalty of the candidate. In
Answer of the defendant
election protest, it is the irregularity in the conduct of the election.
Quo warranto and election protest are the proper remedy after the proclamation of Defendant shall serve an answer if he has an objection to the complaint. Required
the winner. to specifically designate or identify the property in which he claims to have an
interest, and to state the nature and extent of the interest claimed. Must allege all
Quo warranto against corporations his objections and defenses.
May be brought against corporations within the Philippines without being legally Instead of filing an answer, he may file and serve an notice of appearance and a
manifestation to the fact that he has no objections or defenses to the taking. He
incorporated or without lawful authority to so act. May be brought only against a
de facto corporation. shall likewise designate or identify the property in which he claims to have an
interest.
The defendant who does not file an answer will not be declared in default. In
VI. Expropriation (Rule 67)
expropriation proceedings, the waiver of objections or even failure to file an
Preliminaries answer will not bar the defendant from presenting evidence later on as to the
Eminent domain is the right to take or assert dominion over property within the amount of compensation.
state for public use or to meet a public exigency and is said to be an essential part
of governance. Sec 2 of Rule 67 deemed modified by RA 8974
Scope of power, when exercised by Congress is plenary. May also be delegated to Two crucial differences:
LGU’s and public utilities.
RA 8974 Rule 67
Exercise of eminent domain by local government units Government is required to make Government is required only to make an
Sec. 19 of RA 7160 provides the requisites: immediate payment to the property initial deposit with an authorized
a. An ordinance (not a mere resolution) is enacted by the local legislative owner upon filing of the compliant to government depositary
council to pursue expropriation proceedings over a particular private be entitled to a writ of possession
property; The relevant standard for initial The initial deposit should be equivalent to
b. Exercised for public use, purpose or welfare, or for the benefit of the compensation is the market value of the assessed value of the property for
poor and the landless; the property or the current zonal purposes of taxation
valuation of the BIR, whichever is

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lower shall be rendered ordering the RTC to restore the property to the defendant and to
Order of expropriation determine the damages which he may have sustained.
Will be issued declaring that plaintiff has lawful right to take the property for public Judgment is affirmed, the cost of the appeal shall be paid not by the plaintiff but
use. by the owner of the property.
After rendition of the order, plaintiff shall not be permitted to dismiss the Remember: it is not only the judgment of the court as to compensation which is
proceeding except upon such terms as the court deems just. appealable. The previous order of expropriation is also appeallable. Hence, expropriation
The order of expropriation settles the issue as to the right to expropriate. The next proceedings, multiple appeals are permitted.
vital issue is the determination of just compensation.
Payment of just compensation
Appeal from order of expropriation Involves the amount fixed in the judgment and shall include legal interest from the
The final order may be appealed from by any party aggrieved by such order. The taking.
appeal shall not however, prevent the court from determining just compensation. Defendant declines to receive, the same shall be ordered deposited in court which
If on appeal, the appellate court determines that plaintiff has no right, it shall order shall have the same effect as actual payment.
the RTC to enforce the restoration of the property to the defendant and the Conflicting claims, the court may order that the sum due as compensation be paid
determination of damages which defendant may recover. to the court for the benefit of the person later adjudged to be entitled.

Ascertainment of compensation Right of plaintiff after payment

Upon rendition of the order of expropriation, the court shall appoint not more than To enter upon the property expropriated and to appropriate the same for the
3 commissioners to ascertain just compensation. Objections to the appointment public use or purpose defined in the judgment or to retain possession already
may be made within 10 days from service of the order of appointment. The previously made.
commissioners are entitled to fees and all costs shall be paid by the plaintiff except
those cost of the rival claimants. Recording of judgment and its effect
Appointment of commissioners is a mandatory requirement. A hearing before the A certified copy of such judgment shall be recorded in the RD of the place in which
commissioners is indispensable to allow the parties to present evidence. The RTC the property is situated, and its effect shall be to vest in the plaintiff the title to the
can disregard the findings of the commissioners for valid reasons and substitute its real estate so described.
own judgment, such as:
a. commissioners have applied illegal principles to the evidence submitted; Nonpayment of just compensation; effect
b. the amount allowed is either grossly inadequate or excessive; Does not entitle the private landowner to recover possession. Where the
c. where no trial or hearing is conducted. government failed to pay within 5 years form finality of judgment, the owners
In ascertaining the compensation, the commissioners shall assess the concerned shall have the right to recover.
consequential damages and deduct from such consequential damages the
consequential benefits to be derived by the owner. When title passes
The commissioners shall make their report within 60 days from date of their Upon full payment of just compensation.
appointment. The period may be extended in the discretion of the court.
The clerk of court shall serve copies to the parties, with notice that they are VII. Foreclosure of Real Estate Mortgage (Rule 68)
allowed to file their objections within 10 days.
Alternative remedies of a creditor
Judgment as to compensation Because of the prohibition against pactum commisorium, in case of default of the
The court, after hearing, may either accept the report or set aside the same or debtor, the creditor has the ff alternative remedies:
accept the report in part or reject in part. If it accepts, it shall render judgment in a. To file an action for collection of a sum of money;
accordance with the report. It if sets aside, it may appoint new commissioners or b. To foreclose the mortgage.
recommit the same to the commissioners for further report of facts. An election of one operates as a waiver of the other. A remedy is deemed chosen
upon filing of the complaint. If extra-judicial foreclosure, it is deemed elected by
Appeal from the judgment as to compensation the filing of the application for foreclosure with the Sheriff.
The judgment may be appealed, but the appeal shall not have the effect of The death of the mortgagor does not extinguish his debt and does not preclude
delaying the right of the plaintiff to enter and to appropriate the same. But if the the foreclosure. The creditor still has remedies under Rule 86.
appellate court determines that plaintiff has no right to expropriation, judgment
Splitting of a single cause of action

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A creditor cannot file a civil action against the debtor for collection of the debt and
subsequently file an action to foreclose. Classic example of splitting.
Equity of redemption vs. Right of Redemption
Modes of foreclosure of real estate
Judicial pursuant to Rule 68 and Extra-Judicial pursuant to Act No 3135 as Equity of Redemption Right of Redemption
amended The period mentioned in the judgment Right granted to the mortgagor to
Extra-judicial foreclosure is the mode to be used if there is a special power inserted within which the mortgagor may start redeem the property even after the
to the mortgage contract allowing an extra-judicial foreclosure. When there is no exercising his right to redeem confirmation of the sale and even after
such authority, the foreclosure must be made judicially. registration of the certificate of sale
May also exist in favor of other There is no right of redemption in a
Complaint for foreclosure shall set forth the ff: encumbrance. If they are not impleaded, judicial foreclosure
a. Date and due execution of the mortgage; the judgment in favor of the foreclosing
b. Assignment of the mortgage if any; mortgagees does not bind the other lien
c. Names and residence of the mortgagor and mortgagee; holders.
o The mortgagor is an indispensable party to the suit. Exception: there is a right of
o It is advisable to join the junior encumbrances although they are only redemption if the foreclosure is in
necessary parties. favor of banks, whether judicial or
d. Description of the mortgage property; extra-judicial
e. Documentary evidence of the obligation secured by the mortgage;
f. Amount claimed to be unpaid; Sale of the mortgaged property
g. Names and residences of the persons having an interest in the property If the mortgagor fails to pay within the period, it would be good practice for the
subordinate to that of the mortgagee. mortgagee to file a motion for the sale of the mortgage property. It will granted as
a matter of course, not notice to the mortgagor is required because it is non-
Procedure litigable and may be made ex parte. The manner of sale hall follow the rules
Proceeds like an ordinary civil action. governing execution of sales under Rule 39.

Judgment on foreclosure Confirmation of the sale

If the court finds that the allegations in the complaint are true, it shall render After the foreclosure sale has been effected, the mortgagee shall file a motion for
judgment on the ff: confirmation of the sale. The motion requires notice and hearing.
a. An ascertainment of the amount due, including interest and other The mortgagor will be allowed the opportunity to show cause why the sale should
charges; not be confirmed and to inform them when the right will be cut off.
b. A judgment of the sum found due; If a hearing is required and the mortgagor was not notified, the subsequent
c. An order that the amount be paid within a period of not less than 90 but confirmation is vitiated and consequently, as if no confirmation ever took place.
not more than 120 days from entry of judgment; After the hearing, the court shall issue confirming the sale if it finds valid grounds
d. And an admonition that in default of such payment the property shall be which is also appealable.
sold at public auction to satisfy the judgment.
The judgment, on the above matters, is a final adjudication and hence, is subject Effect of confirmation of the sale
to challenge by appeal and other post judgment remedies. It shall divest the rights in the property of all the parties to the action and shall
The period granted to the mortgagor to pay is not just procedural but a vest their rights in the purchaser, subject to redemption.
substantive right which cannot be omitted. Once the sale is confirmed, no equity of redemption may further be exercised.

Effect of finality of the confirmation of the sale

The order is appealable.
The purchaser at the auction sale or the last redemptioneer, shall be entitled to the
possession of the property and he may secure a writ of possession, upon motion,
form the court which ordered the foreclosure unless a third party is actually holding
the same adversely.

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A pending suit for annulment of the mortgage or annulment of the foreclosure Debtor-mortgagor is a non-resident and was outside the Philippines at the filing of
proceedings does not defeat the right of the purchaser to writ of possession to the foreclosure, a deficiency judgment is not feasible because this is an action in
which the purchaser is entitles as a matter of right. personam.

Registration of the sale

A certified copy of the order confirming the sale is necessary for the sale to be Rule in case there is a surplus
registered in the RD. If there is no right of redemption, the certificate of title in the It is the duty of the mortgagee to return to the mortgagor any surplus in the
name of the mortgagor shall be cancelled and a new one issued in the name of the selling price.
purchaser.
Where a right of redemption exists, the certificate of title in the name of the VIII. Partition (Rule 69)
mortgagor shall not be cancelled, but the certificate of sale and the order
confirming the sale shall be registered and a brief memorandum thereof made by Preliminaries
the registrar of deeds upon the certificate of title. In the event the property is Partition is the separation, division and assignment of a thing held in common
redeemed, the deed of redemption shall be registered with the registry of deeds, among those to whom it may belong.
and a brief memorandum thereof shall be made by the registrar of deeds on said Presupposes the existence of co-ownership. Under the Civil Code, no co-owner
certificate of title. shall be obliged to remain in the co-ownership because he may demand at any
If the property is not redeemed, the final deed of sale executed by the sheriff in time the partition of the property. Art. 494 of the Civil Code enumerates the
favor of the purchaser at the foreclosure sale shall be registered with the registry instances when a co-owner may not demand partition.
of deeds; whereupon the certificate of title in the name of the mortgagor shall be Prescription does not run in favor of a co-owner or co-heir against his co-owner or
cancelled and a new one issued in the name of the purchaser. co-heir as long as there is a recognition of co-ownership.
Action for partition cannot be barred by prescription as long as co-ownership
Disposition of the proceeds of the foreclosure sale exists.
The amount realized from the foreclosure sale of the mortgaged property shall, A co-owner may acquire ownership by prescription where there exists a clear
after deducting the costs of the sale, be paid to the person foreclosing the repudiation of the co-ownership and the co-owners are apprised of the claim of
mortgage, and when there shall be any balance or residue, after paying off the adverse and exclusive ownership.
mortgage debt due, the same shall be paid to junior encumbrancers in the order of
their priority, to be ascertained by the court, or if there be no such encumbrancers Modes of partition
or there be a balance or residue after payment to them, then to the mortgagor or By agreement of the parties or by judicial proceedings under Rule 69.
his duly authorized agent, or to the person entitled to it.
Action for partition
Deficiency judgment It shall be brought by the person who has a right to compel the partition of
If upon the sale of any real property as provided in the next preceding section property.
there be a balance due to the plaintiff after applying the proceeds of the sale, the Plaintiff is a person who is supposed to be a co-owner of the property while the
court, upon motion, shall render judgment against the defendant for any such defendants are all the other co-owners.
balance for which, by the record of the case, he may be personally liable to the An action will not lie without the joinder of all co-owners and other persons having
plaintiff, upon which execution may issue immediately if the balance is all due at interest in the property.
the time of the rendition of the judgment; otherwise, the plaintiff shall be entitled Plaintiff shall state in his complaint:
to execution at such time as the balance remaining becomes due under the terms o The nature and extent of his title;
of the original contract, which time shall be stated in the judgment. Deficiency o An adequate description of the property
judgment is appealable. o The persons interested in the property
No independent action need be filed to recover the deficiency form the mortgagor, o A demand for accounting of the rents, profits and other income
only motion is necessary which must be made only after the sale and after it is The rules in ordinary civil actions shall be used in an action for partition.
known to exist. When the allegations of the complaint allege that the plaintiff asserts exclusive
The mortgagor who is not the debtor who merely executed the mortgage to secure ownership. The nature of the action is not one for partition by for the recovery of
the principal debtor’s obligation, is not liable for the deficiency unless he assumed property.
the liability.
Order of partition
During the trial, the court shall determine whether or not:

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o The plaintiff is truly a co-owner; Rules when there are expenses to be paid from the estate
o That there is indeed a co-ownership; In a situation where there remains an issue as to the expenses chargeable to the
o And that partition is not legally proscribed. estate, partition is inappropriate. The determination of the expenses like those
If the court finds so, the court will issue the order of partition including an order related to the deceased’s final illness and burial which are chargeable to the estate
directing an accounting, etc. cannot be done in an action for partition.
The issues to be determined ate incapable of pecuniary estimation, therefore, the IX. Forcible Entry and Unlawful Detainer (Rule 70)
action shall be filed in the RTC where the property is situated.
Accion interdictal
Partition by agreement Forcible entry and unlawful detainer belongs to this class of action where the issue
If the co-owners agree by themselves , the court shall then confirm the partition, is the right of physical possession of the subject real property independent of any
and such partition, together with the order confirming the same, shall be recorded claim of ownership.
in the RD. Forcible entry, one is deprived of physical possession by means of force,
If they cannot partition the property among themselves, the next stage in the intimidation, strategy, threats or stealth (FISTS). Possession is illegal from the
action will follow, the appointment of commissioners. beginning.
Unlawful detainer, one illegally withholds possession after expiration or termination
Partition by court-appointed commissioners of his right to hold possession under any contract. Possession was originally legal
The court shall appoint not more than 3 commissioners who are competent and but became illegal due to expiration or termination of the right.
disinterested persons, to make the partition. A mandatory requirement. Jurisdiction of this 2 actions, summary in nature, is with the MTC, which must be
Nothing in the rules grants them the authority to adjudicate on questions of title or brought within 1 year from date of actual entry on the land, in case of forcible
ownership of the property. Rule 69 is not meant to prejudice, defeat or destroy the entry, and from the date of last demand, in case of unlawful detainer.
rights of any person holding a title paramount to the title of the parties among
whom the partition shall have been made. Accion publiciana and accion revindicatoria
If the commissioners determine that the property cannot be divided without Accion publiciana is the plenary action to recover the right of possession which
prejudice to the interests of the parties, the court may order that the property be should be brought when the dispossession has lasted for more than 1 year. It is an
assigned to one of the parties willing to take the same, provided he pays to the ordinary proceeding to determine the better right of possession of realty
other parties such amounts as the commissioners deem equitable. Instead of being independent of title.
so assigned, an interested party may ask that the property be sold at a public sale. Accion revindicatoria involves not only possession, but ownership. 2 things must
be alleged and proven:
Report of commissioners o The identity of the property; and
It’s a full and accurate report to the court of all their proceedings as to the o Plaintiff’s title to it.
partition. Upon the filing of such report, copies thereof shall be served by the clerk
of court upon all interested parties with notice that they are allowed 10 days within Possession as the issue
which to file their objections. Possession in the eyes of the law does not mean that a mans has to have his feet
The court, may, upon hearing, accept the report and render judgment. Instead of on every square meter of the ground before he is deemed in possession.
accepting, the court can recommit the same to the commissioners for further Where the basic issue is not possession but interpretation, enforcement and/or
report of facts. It may also accept or reject the report in part. rescission of the contract, the same is no longer an ejectment suit.
Where there is a claim of ownership and the action seeks to recover from the
Judgment of partition defendant including the possession of the property, the action is not longer
The proceedings had before the commissioners shall not bind the parties or pass interdictal but an accion revindicatoria.
title to property until the court shall have accepted the report and render judgment
thereon. Summary nature of the actions
A certified copy of the judgment shall be recorded in the RD. Designed to provide for an expeditious means of protecting actual possession or
There are 3 stages in the action each of which could be subject of appeal: the right to possession of the property involved.
o The order of partition Both fall under the coverage of the Rules on Summary Procedure irrespective of
o The judgment as to the accounting of the fruits and income the amount of damages.
o The judgment of partition
Partition admits multiple appeals and would require a record on appeal. Real and in personam actions

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Affects the possession of real property, hence, are real actions. The venue is the Entry is by stealth, 1 year from learning payment or violation of the conditions
place where the property subject of the action is situated. such
They are also actions in personam because the plaintiff seeks to enforce a personal
obligation to vacate and restore physical possession to the plaintiff. When defendant occupies premises by mere tolerance
His possession becomes unlawful upon failure to comply with the demand to
vacate form the owner. Unlawful withholding is counted from the date of demand.
Jurisdiction of the MTC; summary procedure It is essential that plaintiffs supposed acts of tolerance must have been present
Two allegations are mandatory for the MTC to acquire jurisdiction: right from the start of the possession which is later sought to the recovered.
a. The plaintiff must allege his prior physical possession of the property; A person who occupies the land of another at the latter’s tolerance, without any
b. He must also allege that he was deprived of his possession by any of the contract is necessarily bound by an implied promise that he will vacate upon
means provided for in Sec. 1 Rule 70. demand.
If the alleged dispossession did not occur by any of these means, the proper
recourse is to file not an accion interdictal but for a plenary action to recover Demand in unlawful detainer cases
possession. An unlawful detainer case shall be commenced only after demand to pay or comply
with the conditions of the lease and to vacate is made.
Effect of pendency of an action involving ownership of the action for forcible entry To understand the manner of the required demand, attention need be given to the
and unlawful detainer phraseology of Sec 2 Rule 70:
Does not bar the filing of an ejectment suit, nor suspend the proceedings of one o Where the suit is based on the defendant’s failure to pay the rentals
already instituted. agreed upon, the proper demand should be “to pay and to vacate”. If
The underlying reason is to prevent the defendant from trifling with the summary the demand is “to pay or vacate”, it does not make out a case for
nature of an ejectment suit. unlawful detainer.
o Where the suit is predicated upon the defendant’s noncompliance with
Examples: the conditions of the lease contract, the proper demand should be “to
a. An injunction suit filed in the RTC by the defendant in the ejectment suit; comply and to vacate”. If the demand is “to comply or to vacate”, the
b. An “accion publiciana” in another court between the same parties in the ejectment demand gives rise to an action for specific performance.
suit; If a case for a sum of money if filed with the RTC, but the allegations clearly
c. An action fro quieting of title involving the same property and the same parties; indicate that the action is one for ejectment, a motion to dismiss is proper.
d. Suit for specific performance with damages; The mere failure of an occupant to pay rentals or his failure to comply with the
e. An “accion revindicatoria” in another court between the same parties conditions of the lease does no ipso facto render his possession of the premises
f. An action for reformation; unlawful
g. An action for annulment of sale or title between the same parties.
Form of demand
Distinctions between forcible entry and unlawful detainer Written notice served upon the person found in the premises. The demand may
also be made by posting a written notice on the premises if no person can be
Forcible Entry Unlawful Detainer found.
Possession of defendant is illegal from Possession of the defendant was lawful Demand upon a tenant may be oral, however, sufficient evidence must be adduced
the beginning having deprived the from the beginning which subsequently to show that there was indeed a demand.
lawful possessor by FISTS became illegal
FISTS include every situation or An allegation that the defendant is Effect of non-compliance with the demand
condition under which one person can unlawfully withholding possession from 15 days in case of land, 5 days in case of building, lessor may now proceed against
wrongfully enter upon real property to plaintiff is deemed sufficient the lessee.
exclude another
Plaintiff must allege and prove prior Allegation is not required Defense of tenancy
physical possession Defendant raises the issue of tenancy and alleges that it falls under the jurisdiction
Demand to vacate is not required Demand to vacate is necessary of the DARAB, it would be error for the court to dismiss the complaint on that
The 1 year period to file is counder from The 1 year period is counted from the ground alone. The mere raising of the issue tenancy does not automatically divest
the date of actual entry of defendant. date of last demand in case of non- the court of jurisdiction because, jurisdiction is determined by the allegation of the
complaint.

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Where tenancy is raised as a defense, the court must conduct a preliminary Person bound by the judgment in ejectment cases
hearing on the matter. If during the hearing, it is shown that tenancy is the real GR: binding only upon parties properly impleaded and given an
issue, then the court shall dismiss the case for lack of jurisdiction. opportunity to be heard.
Exception:
a. A sublessee is bound by the judgment against the lessee;
b. A guest or successor in interest, the members of the family or the servants of
Defense of ownership the lessee;
Does not serve to divest the inferior court of its jurisdiction. c. Trespassers, squatters or agents of the defendant fraudulently occupyint the
The court may resolve the issue of ownership but only under the ff conditions: property to frustrate the judgment; and
a. When the issue of possession cannot be resolved without resolving the issue d. Transferees pendenet lite and other privies of the defendant.
of ownership; and
b. The issue of ownership shall be resolved only to determine the issue of X. Contempt (Rule 71)
possession. Such judgment would not bar an action between the same parties
respecting the title. It is merely interlocutory. Meaning of contempt
Disobedience to the court by acting in opposition to its authority, justice and
How to obtain possession of the premises during the pendency of the action dignity. Signifies not only a willful disregard or disobedience of the court’s orders
When the action is filed, the plaintiff is not in possession of the property. To obtain but also conduct tending to bring the authority of the court and the administration
possession, Sec. 15 permits the plaintiff to present a motion, within 5 days from of law into disrepute.
the filing of the complaint, for the issuance of a writ of preliminary mandatory The power to declare a person in contempt is an inherent power lodged in the
injunction to restore him in his possession. courts of justice, to be used as a means to protect and preserve:
If the judgment of the MTC is appealed, the RTC may issue a writ of mandatory a. The dignity of the court;
injunction to restore the plaintiff in his possession, upon motion of the plaintiff b. The solemnity of the proceedings; and
within 10 days from perfection of the appeal. c. The administration of justice from callous misbehavior, offensive personalities
and contumacious refusal to comply with court orders.
Damages recoverable
Those corresponding to the sum justly due as arrears of rent or reasonable Functions of contempt
compensation for the use and occupation of the premises. 1. Vindication of public interest by punishment of contemptuous conduct;
2. Coercion to compel the contemnor to do what the law requires him to uphold the
Immediate execution of judgment power of the court, and also to secure the rights of the parties to a suit awarded
To avoid injustice to a lawful possessor, and the court’s duty to order the execution by the court.
if practically ministerial.
Applies only when the judgment is against the defendant. Kinds of contempt
Distinction Procedure
How to stay immediate execution of the judgment Criminal Conduct directed To vindicate the Conducted in accordance
The defendant must take the ff: against the authority of the with the principles and rules
a. Perfect an appeal; authority and court and applicable to criminal cases,
b. File a supersedeas bond; and dignity of the protect its in so far as such is
c. Deposit periodically with the RTC, during the pendency of the appeal, the court or a judge outraged consistent with the summary
adjudicated amount of rent due or the reasonable value of the use of the acting judicially; personality. nature of contempt.
property. it is an
The supersedeas bond covers the monetary judgment of the lower court. It the obstructing the
judgment does not make any pronouncement as to the pecuniary liability of the administration of
defendant, the bond shall not be required. Attorney’s fees are not covered by the justice which
bond. tends to bring
the court into
Where to appeal disrepute.
At the appropriate RTC. The mode of appeal is under Rule 40. Civil The failure to do Failure to do The rules of procedure of a
something something criminal contempt procedure

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ordered to be ordered by a are inapplicable. bond is conditioned upon his performance of the judgment should the petition be
done be a court court to be done decided against him.
or a judge for for the benefit of
the benefit of the a party. Indirect contempt
opposing party An act done at a distance which tends to belittle, degrade, obstruct, or embarrass
and is therefore, the court.
an offense made Generally committed by a person who commits any of the ff acts:
against the party a. Disobedience or resistance to a lawful writ, process, order or judgment
in whose behalf of a court;
the violated b. Any abuse or any unlawful interference with the process or proceedings
order was made. of a court not constituting direct contempt; and
c. Any improper conduct tending, directly or indirectly, to impede, obstruct,
Kinds of contempt or degrade the administration of justice.

Direct contempt Contempt in relation to execution of judgments

generally committed in the presence of or so near the court or judge or interrupt Generally, contempt is not a means of enforcing a judgment. Mere refusal of the
the proceedings before the same. judgment debtor to vacate the property is not a sufficient ground to hold him in
contempt. The writ of possession was directed to the judgment debtor but to the
Acts constituting direct contempt sheriff. As the writ did not command the judgment debtor to do anything, he
a. Misbehavior in the presence of or so near the court or judge or interrupt the cannot be guilty of the acts described in Rule 71.
proceedings before the same; The proper procedure is not for the court to cite the debtor in contempt. What the
b. Disrespect toward the court; officer should do is to dispossess him of the property but if after the dispossession,
c. Offensive personalities towards others; the judgment debtor should execute acts of ownership or possession or in any
d. Refusal to be sworn as a witness or to answer as a witness; manner disturb the possession of the judgment creditor, then only then may he be
e. Refusal to subscribe an affidavit or despostion when lawfully required; punished for contempt.
f. Willful and deliberate forum shopping; If the judgment is one for the payment of money, the sheriff shall demand from
g. Unfounded accusations or allegation or words tending to embarrass the court of to the judgment obligor the immediate payment. If the judgment obligor does not
bring it into disrepute. comply with the demand, it is believed no contempt charges could lie against the
judgment obligor. If the obligor is unable to pay in any acceptable mode of
No formal proceeding required payment, the remedy of the sheriff is not to initiate contempt but to levy upon the
The court may summarily adjudge one in direct contempt properties of the debtor.
When the subject of execution is a special judgment, one that can only be
Penalty complied with only by the judgment obligor or the officer directed by the
if the act constituting direct contempt was committed against an RTC or a court of judgment, may be punished by contempt if he disobeys the judgment.
equivalent or higher rank, the penalty is a fine not exceeding P2,000 or An officer against whom a writ of certiorari, prohibition and mandamus, was issued
imprisonment not exceeding 10 days, or both; who disobeys is may be punished by contempt.
If the act constituting direct contempt was committed against a lower court, the
penalty is a fine not exceeding P200 or imprisonment not exceeding 1 day, or both. How a proceeding for indirect contempt is commenced
If the contempt consists in the refusal or omission to do an act, he may be An act constituting an indirect contempt is to be punished only after a charge in
imprisoned by order of the court concerned until he performs it. writing and a hearing. The requirement is to prevent the court from issuing process
to bring the respondent into court, or from holding him in custody pending the
Remedy of a person adjudged in direct contempt proceedings.
A person adjudged in direct contempt, may not appeal. His remedy is a petition for Procedural requisites:
certiorari or prohibition directed against the court. 1. A charge in writing to be filed;
Pending resolution, the execution of the judgment for direct contempt shall be 2. An opportunity for the person charged to appear and explain his conduct; and
suspended. The suspension however, shall take place only if the person adjudged 3. To be heard by himself or counsel.
in contempt files a bond fixed by the court which rendered the judgment. The There are only 2 ways a person can be charged with direct contempt:
a. Through a verified petition; and

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b. By order or formal charge initiated by the court motu propio. This may be resorted to where the attendant circumstances are such that the non-
1. If initiated motu propio by the court, it is commenced by an order of the compliance with the court order is an utter disregard of the authority of the court
same court or any formal charge requiring the respondent to show cause which has not other recourse by to use its coercive power.
why he should not be punished. The punishment is imposed for the benefit of a complainant or a party to a suit
2. If initiated by someone other than the court, it is commenced by a who has been injured aside from the need to compel performance.
verified petition accompanied by supporting particulars. It is only the judge who orders the confinement of a person for contempt of court
If the contempt charges arose out of or are related to a principal action pending in who could issue the Order of Release.
court, the petition for contempt shall allege such fact but the petition shall be Remedy of a person adjudged in indirect contempt
docketed, heard and decided separately form the principal action. The court, in the He may appeal form the judgment or final order of the court in the same manner
exercise of its discretion may order the consolidation. as in criminal cases. The appeal will not however, have the effect of suspending
the judgment if the person adjudged in contempt does not file a bond in an
Necessity for hearing amount fixed by the court.
A respondent in a contempt chare must be served with a copy of the petition.
While the respondent is not required to file a formal answer similar to that in Contempt against quasi-judicial entities.
ordinary civil actions, the court must set the contempt charge for hearing on a Rule 71 applies only to contempt committed against persons or entities exercising
fixed date and time on which the respondent must make his appearance to quasi-judicial functions.
answer. On the date and time of the hearing, the court shall proceed to investigate Quasi-judicial bodies that that have the power to cite person for in contempt
the charges and consider such answer as the respondent may make. pursuant to Rule 71 can only do so by initiating them in the proper RTC.
If he fails to appear, the court may order his arrest. The court does not declare the
respondent in default.
Hearing is not ordered, respondent may be released from custody upon the filing
of a bond for his appearance at the hearing.

Court where the charge for indirect contempt is to be filed

Depends upon the level of the court which the contempt was committed
a. When the act was committed against an RTC or a court of equivalent or
higher rank, or against an officer appointed by it, the charge may be
filed with such court.
b. Where the act was committed against a lower court, the charge may be
filed with the RTC in which the lower court is sitting. It may also be filed
in the lower court against which the contempt was allegedly committed.
The decision is appeallable to the RTC.
c. Where the act was committed against persons or entities exercising
quasi-judicial functions, the charge shall be filed in the RTC of the place
wherein the contempt was committed.

Punishment for indirect contempt

a. Where the act was committed against an RTC or a court of equivalent or higher
rank, he may be punished by a fine not exceeding P30,000 or imprisonment not
exceeding 6 months, or both.
b. Where the act was committed against a lower court, he may be punished by a fine
not exceeding P5,000 or imprisonment not exceeding 1 month, or both.
c. Where the act was committed against a person or entity exercising quasi-judicial
functions the penalty imposed shall depend upon the provisions of the law which
authorizes the penalty for contempt against such persons or entities.

Imprisonment

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