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Special Civil Actions

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Ivana Callangan

on 26 January 2014

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Transcript of Special Civil Actions


INTERPLEADER
RULE 63
DECLARATORY RELIEF AND SIMILAR REMEDIES
RULE 64
REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT
RULE 65
CERTIORARI, PROHIBITION AND MANDAMUS
RULE 66
QUO WARRANTO
RULE 67
EXPROPRIATION
RULE 68
FORECLOSURE OF REAL ESTATE MORTGAGE
Special Civil Actions
RULE 62
PARTITION
RULE 69
RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER
RULE 71
CONTEMPT
A special civil remedy where a person, who has property in his possession or an obligation to perform, either wholly or partially, but who claims no interest in the subject, or whose interest, in whole or in part, is not disputed by others, goes to court and asks that conflicting claimants to the property or obligation be required to litigate among themselves in order to determine finally who is entitled to the same (Alvarez v. Commonwealth)


Plaintiff cannot determine the conflicting claims
Cause of action for interpleader
5. Relief
6. Signature of Counsel
7. Plus/Addendum
Certification of non-forum shopping


Contents

1. Caption (name of court, parties, docket no.)
2. Title
3. Introduction
4. Body
Personal circumstances
Possession of the plaintiff of the property (including circumstances leading to possession)
Defendants claim that they are the owners


Contents

Filing

1. That the plaintiff claims no interest in the subject matter or his claim thereto is not disputed

2. The parties to be interpleaded must make effective claims

3. There must be at least two or more conflicting claimants with adverse or conflicting interests to a property in custody or possession of the plaintiff

4. The subject matter must be one and the same


Grounds

Rule 64
Interpleader

5. Relief
Date/ Place of Execution
7. Signature of Counsel
8. Plus/Addendum
Verification
Certification of non-forum shopping


1. The subject matter of the controversy must be a deed, will, contract or other written instrument, statute, executive order or regulation or ordinance

2. There must be an actual justiciable controversy or the “ripening seeds” of one between persons whose interests are adverse

3. There must have been no breach of the documents in question


Grounds

The subject matter in Declaratory Relief is a deed, will, contract or other written instrument, statute, executive order or regulation, or ordinance. The issue is the validity or construction of the subject matter, and the relief sought is a declaration of the petitioner’s rights and duties thereunder.


1. Caption (name of court, parties, docket no.)
2. Title
3. Introduction
4. Body
Personal circumstances
Facts showing interest under a deed, will, contract or other written instrument and injury arising from operation of said deed, will, contract or other writing and facts showing that no violation or breach has occurred
May also show facts showing the need to reform instrument, quiet title or to consolidate ownership

Contents

4. The terms of said documents and the validity thereof are doubtful and require judicial construction
5. The issue must be ripe for judicial determination, as, for example, where all administrative remedies have been exhausted
6. Adequate relief is not available through other means or other forms of action or proceeding


Filing


Rule 63
Declaratory Relief and Other Similar Remedies

The petition is for the review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit.


Caption
Title
Introduction
Body
Personal circumstances
Grounds relied upon
Filing within 30 days from notice of judgment or final order


Contents

5. Relief
6. Signature of Counsel
7. Plus/Addendum
Verification and Certificate of non forum shopping
Proof of service
Attached thereto is the certified true copy of the judgment or order subject of the petition and the material portions of the record that would support the petition
Contents

Failure to file a motion for reconsideration before the issuing forum results in the dismissal of the petition except:
To prevent a miscarriage of justice
When the issue involves the principle of social justice or the protection of labor
The decision or resolution is a nullity
Need for relief is extremely urgent and certiorari is the only adequate remedy (ABS-CBN v. COMELEC)


Filing
Filing

1. That the COMELEC or COA acted without or in excess of jurisdiction or with abuse of discretion amounting to lack or excess of jurisdiction

2. That there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law


Grounds

Rule 64
Review of Judgments and Final Orders or Resolutions of the Commission on Elections and the Commission on Audit

5. Relief
6. Signature of Counsel
7. Plus/Addendum
Verification and Certificate of non forum shopping
Proof of service (if filed before the RTC no proof of service is required)
Attached thereto is the certified true copy of the judgment or order subject of the petition and the material portions of the record that would support the petition


1. Caption
2. Title
3. Introduction
4. Body
5. Personal circumstances
Grounds relied upon
Filing within 60 days from notice of judgment or final order

Contents

Grounds

1. There must be a controversy

2. Respondent is exercising judicial, quasi-judicial or ministerial functions

3. Respondent acted without or in excess of its jurisdiction or acted with grave abuse of discretion amounting to lack of jurisdiction

4. There must be no appeal or other plain, speedy and adequate remedy


Grounds

Relief
6. Signature of Counsel
7. Plus/Addendum
Verification and Certificate of non forum shopping
Proof of service (if filed before the RITC no proof of service is required)
Attached thereto is the certified true copy of the judgment or order subject of the petition and the material portions of the record that would support the petition


1. Caption
2. Title
3. Introduction
4. Body
5. Personal circumstances
Grounds relied upon
Filing within 60 days from notice of judgment or final order


Contents

Rule 65
Certiorari, Prohibition and Mandamus

1. There must be a legal right or duty

2. The act to be performed must be practical – within the powers of the respondent to perform such that if the writ of mandamus was issued, he can comply with it, or else the essence will be defeated

3. Respondent must be exercising a ministerial duty

4. The duty or act to be performed must be existing

5. There is on other plain, speedy and adequate remedy in the ordinary course of law


Filing

A writ issued in the name of the State, to an inferior tribunal, corporation, board or person, commanding the performance of an act, which the law enjoins as a duty resulting from an office, trust or station.


Petition for Mandamus

1. Caption
2. Title
3. Introduction
4. Body
5. Personal circumstances
Grounds relied upon
Filing within 60 days from notice of judgment or final order

Contents

A writ issued by a superior court and directed against an inferior court, corporation, board, officer or other persons whether exercising judicial, quasi-judicial or ministerial functions for the purpose of preventing the latter from usurping jurisdiction with which it is not legally vested.


Petition for Prohibition

Filing

There must be a controversy
Respondent must be exercising judicial or quasi-judicial functions
Respondents acted without or in excess of its jurisdiction or acted with grave abuse of discretion amounting to lack of jurisdiction
There must be no appeal or other plain, speedy and adequate remedy


Grounds

A writ emanating from a superior court directed against an inferior court, tribunal, or officer exercising judicial or quasi-judicial functions.

The purpose of the petition is to correct errors of jurisdiction.


Petition for Certiorari

Prescriptive period for quo warranto: 1 year from the cause of such ouster or the right of the petitioner arose

Prescriptive period to recover damages from a quo warranto judgment: 1 year from entry of judgment


The court may reduce the period provided by the Rules for filing pleadings and other proceedings in order to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties.





6. Relief
7. Attorney
8. Plus/Addendum
Verification and Certification of non-forum shopping


By an individual
A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action in his own name.

Venue
A quo warranto can be brought only in the SC, the CA, or in the RTC exercising jurisdiction over the territorial areas where the respondent or any of the respondents resides. When the action is commenced by the Solicitor General, such action may be brought in an RTC in the City of Manila, in the CA, or in the SC.



Quo Warrant (Rule 66) vs. Quo Warranto (Election Code)


A quo warranto is a special civil action commenced by a verified petition brought in the name of the Republic of the Philippines against:
A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise;
A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office;
An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act.


1. Caption
2. Title
3. Introduction
4. Body
5. Personal Circumstances of the parties (Solicitor General and/or private individual)
Cause of action (facts showing usurpation of office and petitioner’s title thereto)

Contents

By the Solicitor General or public prosecutor
The abovementioned must commence such action when directed by the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that any of the grounds for filing an action for quo warranto can be established by proof.


Filing

1. A person usurps, intrudes into, or unlawfully holds or exercises a public office, position, or franchise;

2. A public officer does or suffers an act, which according to the provisions of law, constitutes a ground for the forfeiture of his office;

3. An association acts as a corporation within the Philippines without being legally incorporated or given lawful authority to act.


Grounds

Rule 66
Quo Warranto

Averment that if the title to any property sought to be expropriated appears to be in the Republic of the Philippines, although occupied by private individuals, or title is otherwise obscure or doubtful so that the plaintiff cannot with certainty or accuracy specify who are the real owners

All persons having interest over the said property must be joined as defendants


5. Relief
Attorney
7. Plus/Addendum
-Verification and Certification of non-forum shopping



1. Caption
2. Title
3. Introduction
4. Body
5. Right and purpose of expropriation
6. Description of the real or personal property sought to be expropriated


Contents

1. In an expropriation suit, the courts determine the authority of the government entity, the necessity of the expropriation, and the observance of due process. (Barangay San Roque v. Heirs of Francisco Pastor, 334 SCRA 127)

2. The taking to be valid must be for public use.

3. There must be payment of just compensation




Grounds

Expropriation is the exercise of a State’s power of eminent domain.

Eminent domain is considered as inherent political right, whereby the state is given the authority to take private property for public use. Such can be done even without the owner’s consent, provided that there is payment of just compensation.


Rule 67
Expropriation

As an expropriation suit is incapable of pecuniary estimation, it falls within the jurisdiction of the RTC, regardless of the value of the subject property.


Filing

Foreclosure is a remedy available to the mortgagee, wherein it terminates the rights of the mortgagor, where he subjects the mortgaged property to the satisfaction of the obligation to secure which the mortgage was given.
Statement of the date of the note or other documentary evidence of the obligation secured
Amount claimed to be unpaid
Personal circumstances of the other mortgagees of the property (or any person claiming interest thereon must be included as defendant)
5. Relief
6. Attorney
7. Plus/Addendum
Verification and Certification of non-forum shopping
1. Caption
2. Title
3. Introduction
4. Body
5. Personal circumstances of the parties
Date and due execution of the mortgage (with assignments, if any)
Description of the mortgaged property


Contents

If the debtor fails to comply with the obligation at the time it falls due, the creditor is merely entitled to move for the sale of the thing pledged or mortgaged (Art. 2087) with the formalities required by law in order to collect the amount of his claim from the proceeds. (Rango vs. Salmon, 15 Phil. 436)


Grounds

The complaint for judicial foreclosure is filed in the court, which has jurisdiction over the area where the property is situated.


Filing

Rule 68
Foreclosure of Real Estate Mortgage

Plaintiff’s request for partition.
Request for amicable settlement of the partition.
He must also include a demand for the accounting of the rents, profits and other income from the property which he may be entitled to (Sec. 8).
5. Prayer
6. Signature of Counsel
7. Plus/Addendum
Verification and Certification of non-forum shopping



1. Caption
2. Title
3. Introduction
4. Body
Personal circumstances of the parties
The nature and extent of his title.
An adequate description of the real estate of which partition is demanded.
Joining as defendants all other persons interested in the property.




Contents

An action for partition of real property is a judicial controversy between persons, who, being co-owners, seek to secure a division or partition among them of the common property, giving to each one the part corresponding to him.


Rule 69
Partition

Filing

The rule allowing partition originates from a well-known principle embodied in the Civil Code, that no co-owner shall be obliged to remain the co-ownership. Because of this rule, he may demand at any time the partition of the property owned in common (Art. 494).
Grounds

In an action for unlawful detainer, a complaint sufficiently alleges a cause of action if it recites the following:
Initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff;
Eventually, such possession became illegal upon notice by plaintiff to defendant of the termination of the latter's right of possession;
Thereafter, the defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof; and
Within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment. (Delos Reyes v. Spouses Odones, GR. 178096, March 23, 2011).
5. Prayer
6. Signature of Counsel
7. Plus/Addendum
Verification and Certification of non-forum shopping
The actions for forcible entry and unlawful detainer belong to the class of actions known by the generic name accion interdictal (ejectment) where the issue is the right of physical or material possession of the subject real property independent of any claim of ownership by the parties involved (Mendoza vs. CA, 452 SCRA 117 [2005]).
1. Caption
2. Title
3. Introduction
4. Body
Personal circumstances.
In actions for forcible entry, three allegations are mandatory for the MTC to acquire jurisdiction:
Plaintiff must allege his prior physical possession of the property;
He must also allege that he was deprived of his possession by force, intimidation, strategy, threat or stealth; and
The action must be filed within one (1) year from the time the owners or legal possessors learned of their deprivation of physical possession of the land or building. (Dela Cruz vs. CA, G.R. 139442, Dec. 6, 2006).




Contents

Filing

Two distinct causes of action:

Forcible entry
- where one is deprived of physical possession of real property by means of force, intimidation, strategy, threats or stealth;

Unlawful Detainer
- where one illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied.

Grounds

Rule 70
Forcible Entry

5. Prayer
6. Signature of Counsel
7. Plus/Addendum
Verification and Certification of non-forum shopping



1. Caption
2 Title
3. Introduction
4. Body
Personal circumstances.
That the person has committed any of the acts mentioned under Sec. 3 of Rule 71.
If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact. (Sec. 4).
Supporting particulars and certified true copies of documents and papers involved.

Contents

Filing

Grounds

Contempt of court is disobedience to the court by acting in opposition to its authority, justice and dignity. It signifies not only a willful disregard or disobedience of the court’s orders but also conduct tending to bring the authority of the court and the administration of law into disrepute or, in some manner to impede the due administration of justice (Siy vs. NLRC, GR 158971, Aug. 25, 2005).
Rule 71
Contempt
Full transcript