Civ Pro II

Question 1

Requisites of an Interpleader

Answer 1

1. 2 or more claimants with adverse/conflicting interest upon a subject matter
2. Conflicting claims involve the same subject matter
3. Conflicting claims are made upon the same person
4. Plaintiff has no claim/if he has an interest at all, it is not disputed by the
   conflicting claimants

Question 2

WHEN TO FILE AN INTERPLEADER

Answer 2

1. Filed within a reasonable time after a dispute has arisen
2. Without waiting to be sued by either of the conflicting claimants.
   OTHERWISE, it may be barred by laches.

Question 3

WHAT IS AN ORDER TO IMPLEAD?

Answer 3

Order to implead is issued upon filing the complaint. It requires the parties to
interplead with one another. In the interest of justice, the Court may also direct the
subject matter to be paid or delivered to the court.

Question 4

Grounds for a motion to dismiss in Interpleader?

Answer 4

A. Impropriety of Interpleader
-it is a special and separate ground
-for an interpleader to be proper, it must comply with the requisites
provided by the Rules

B. 1 Lack of jurisdiction over the subject matter
2. When two or more cases are pending between the same parties over the
same cause of action (Litis Pendencia)
3. Barred by prior judgment (Res Judicata)
4. Barred by statute of limitations (Prescription of offense or action)

Question 5

MAY THE DEFENDANTS OR DEFENDANTS IN AN INTERPLEADER BE DECLARED IN
DEFAULT?

Answer 5

Yes, if a claimant who has been impleaded fails to file an answer on the date fixed
by the Rules, the court may, on motion, declare him in default and render judgment
barring him from any claim in respect to the subject matter.

NOTE: Declaration of default requires prior motion. It is not mandatory upon the
court.

Question 6

Requisites for Declaratory Relief:

Answer 6

(a) The subject matter of the controversy must be a deed, will contract or other written instrument,
statute, executive order or regulation, or ordinance;
(b) The terms of said statute or document and the validity thereof are doubtful and require judicial
construction;
(c) There must have been no breach of the statute or document in question;
(d) There must be an actual justiciable controversy or the “ripening seeds” of one between persons
whose interests are adverse;
(e) The issue must be ripe for judicial determination
(f) Adequate relief is not available through other means or other forms of action or proceeding

Question 7

Who may file the petition for Declaratory relief?

Answer 7

1. Any person interested under a deed, will, contract or other written instrument
2. Those whose rights are affected
   by a statute, executive order or regulation, ordinance, or any other governmental regulation

Question 8

Actions that may be brought under Declaratory Relief

Answer 8

1. Any person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising, and for a declaration of his rights or duties, thereunder.
2. An action for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to consolidate ownership under Article 1607 of the Civil Code, may be brought under this Rule

Question 9

Subject Matter of Declaratory Relief (DeWCO-GEOS)

Answer 9

1. a deed;
2. a will;
3. a contract or other written instrument;
4. a statute;
5. an executive order or regulation;
6. an ordinance; or
7. any other governmental regulation (Sec. 1, Rule 63, Rules of Court).

Question 10

Who is the proper petitioner for Declaratory Relief

Answer 10

1. Where the subject of the petition is a deed, will contract or other written instrument, the petition is commenced by “any person interested” therein
2. Where the subject of the petition is a statute, executive order or regulation, ordinance, or any other governmental regulation, the petition is commenced by one “whose rights are affected” by the same

Question 11

Who may be impleaded in an petition for Declaratory Relief

Answer 11

1. The other parties – all persons who have or claim any interest which would be affected by the declaration
2. Where the action involves the VALIDITY of a local government ordinance, the corresponding prosecutor or attorney of the local government unit involved shall be similarly notified and entitled to be heard. If such ordinance is alleged to be UNCONSTITUTIONAL, the Solicitor General shall also be notified and entitled to be heard
3. In any action which involves the validity of a statute, executive order or regulation, or any other governmental regulation, the Solicitor General shall be notified by the party assailing the same and shall be entitled to be heard upon such question

Question 12

Petition for Certiorari

Answer 12

It is an original civil action that is used when any tribunal, board or officer exercising judicial or quasi-judicial function has acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction. and there is no appeal, nor any plain, speedy and adequate remedy in the ordinary course of law.

Question 13

What is the Scope of Rule 64?

Answer 13

Rule 64 governs the review by the Supreme Court of the Judgements and Final Orders or Resolutions of COMELEC and COA

Question 14

Time to file the petition for certiorari under rule 64

Answer 14

The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed

If an MR or NT is filed and subsequently denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial.

Question 15

64 vs 65

Answer 15

As to whom directed:
64: Directed only to the JUDGEMENTS, FINAL ORDERS or RESOLUTIONS of the COMELEC and COA

65: Directed to any tribunal, board or officers
exercising judicial or quasi-judicial functions.

As to filing period:
64: Filed within 30 days from notice of the Judgment.

65:Filed within 60 days from notice of the Judgment

As to Neypes Rule:
64: The filing of a MOTION FOR RECONSIDERATION or a MOTION FOR NEW TRIAL, if allowed, interrupts the period for filing of the petition for certiorari. If the motion is DENIED, the aggrieved party may file the petition within the remaining period, but which shall not be less than 5 days reckoned from the notice of denial.

65: The period within which to file the petition if the motion for reconsideration or new trial is denied, is another 60 days from notice of the denial of the motion.

Question 16

GROUNDS FOR DISMISSAL OF PETITION UNDER RULE 64

Answer 16

• It is insufficient in form and substance;
• It was filed manifestly to delay; or
• The questions raised in it are too unsubstantial to warrant further proceedings.

Question 17

Effect on the judgment of filing the petition for certiorari under rule 64?

Answer 17

:It shall not stay the execution of the judgment or final order or resolution sought to be reviewed, unless it is directed otherwise upon such terms as it may deem just by the Supreme Court.

Question 18

What is a petition for certiorari under rule 65?

Answer 18

It is a special civil action directed against a tribunal, board or officer exercising judicial or quasi-judicial functions who have acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction praying for the annulment or modification of the proceedings of the lower court.

Question 19

Why is Certiorari (65) called a prerogative writ?

Answer 19

because it is never demandable as a matter of right. It does not concern itself with errors of judgment, its province is confined to issues of jurisdiction or grave abuse of discretion.

Question 20

Purpose of Certiorari under Rule 65?

Answer 20

The purpose is to secure a judgment annulling or modifying the proceedings of tribunal, board or officer, and granting such incidental reliefs as law and justice may require.

Question 21

Requisites for Certiorari under rule 65?

Answer 21

1. The petition is directed against a tribunal, board or officer exercising judicial or quasijudicial functions;
2. Such tribunal, board or officer has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction;
3. There is neither appeal nor any plain, speedy and adequate remedy in the ordinary course of law for the purpose of annulling or modifying the proceeding. And that there must be capricious, arbitrary and whimsical exercise of power for it to prosper; and
4. There is an actual case/controversy

Question 22

Judicial Function

Answer 22

When the tribunal, board or officer has the power to determine what the law is and what the legal rights of the parties are, and then undertakes to determine these questions and adjudicate upon the rights of the parties.

Question 23

Quasi-Judicial Function

Answer 23

When the action, discretion of a public administrative officers or bodies, which are required to investigate facts or ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action and to exercise discretion of a judicial nature.

Question 24

Ministerial Function

Answer 24

A ministerial function is one which an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and without regard to the exercise of his own judgment upon the propriety or impropriety of the act done.

Question 25

Grave Abuse of Discretion

Answer 25

It means such capricious and whimsical exercise of judgment by the tribunal exercising judicial or quasi judicial functions as to amount of lack of power.

Question 26

Excess of Jurisdiction

Answer 26

An act, although within the general power of a tribunal, board or officer, is NOT AUTHORIZED NOR VALID because the conditions authorizing it are wanting

Question 27

45 vs 65
NPIFMPJW

Answer 27

As to Nature:

45: It is mode of appeal, hence, it is a continuation of the appellate process over the original case.

65: It is a special civil action, an original action and independent action, thus it is not part of the appellate process.

As to Purpose:

45: It seeks to review final judgments or final orders.

65: It is usually directed against an interlocutory order or matters where no appeal may be taken. And the purpose is to annul the proceedings of a lower tribunal and prevent an unlawful and oppressive exercise of legal authority.

As to issues raised:

45: It raises only question of law.

65: It raises questions of jurisdiction.

As to filing period:

45: It is filed within 15 days from notice of judgment or final order appealed from.

65: It is filed not later than 60 days from notice of judgment, order, or resolution sought to be assailed, and in case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the 60 day period is counted from notice of denial of said motion.

As to MR

45: Does not need an MR

65: MR is a condition sine qua non

As to effect on judgment:

45: Stays Judgment

65: Does not stay judgment unless restrained or enjoined

As to Parties

45: Original parties where the appealing party is the petitioner

65: TBO is impleaded as a public respondent with those interested maintaining the judgment

As to where filed:

45: SC

65: RTC, CA, Sandiganbayan and SC

Question 28

Requisites for Prohibition:

Answer 28

1. Respondent inferior court, tribunal, corporation, board, officer, or other person is exercising judicial, quasi-judicial, or ministerial functions;
2. Respondent acted without or in excess of jurisdiction, or acted with grave abuse of discretion; and
3. There must be no appeal or other plain, speedy, and adequate remedy.

Question 29

Requisites for Mandamus:

Answer 29

1. There must be a clear legal right or duty;
2. Respondent must be exercising a ministerial duty — a duty which is absolute and imperative, and involves merely its execution;
3. Respondent unlawfully neglects the performance of its duty or unlawfully excludes
   another from the use and enjoyment of a right or office to which such other is entitled; and
4. No appeal or other plain, speedy, and adequate
   remedy in the ordinary course of law.

Question 30

Period for filing a petition for CPM

Answer 30

The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion.

No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding fifteen(15) days. (B.M. No. 803; A.M. No. 00-2-03-SC)

Question 31

In which court shall a Petition for certiorari, prohibition, and mandamus be filed?

Answer 31

1. If the petition relates to the acts or omissions of a lower court, corporation, board, or officer or person: RTC exercising jurisdiction over the territorial area as defined by the SC.
2. If the petition relates to the acts or omissions of a quasi-judicial agency: Cognizable only by the CA;
3. To the Sandiganbayan or the Court of Appeals, whether or not in aid of the court’s appellate jurisdiction. (Id.)

Question 32

Doctrine of Heirarchy of Courts

Answer 32

General Rule: The filing of a petition under Rule 65 must follow the hierarchy of courts. Thus, direct resort to the Supreme Court will not be entertained.

Exception: Unless the redress desired cannot be obtained in the appropriate courts or where exceptional and compelling circumstances justify availment of a remedy within and calling for the exercise of the Supreme Court’s primary jurisdiction.

Question 33

Quo Warranto

Answer 33

a special civil action brought by means of a verified petition in the name of the Republic of the Philippines against:

(a) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position, or franchise; or

(b) a public officer who does an act or suffers an act which, by provision of la, constitutes a ground for forfeiture of his office; or

(c) an association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority to so act

Question 34

Who may commence a Quo Warranto proceeding?

Answer 34

GR: As a general rule, Sec. 1, Rule 66, provides that the petition for quo warranto may be brought in the name of the Republic of the Philippines and be commenced by:
1.) Solicitor General (Sec. 2, Rule 66, Rules of Court); or
2.) A Public Prosecutor (Sec. 5, Rule 66, Rules of Court).

However, in certain instances, an individual may commence the petition and may bring the action in his own name provided that:

1.) The person authorized to file the petition for quo warranto is the one who claims to be entitled to a public office or position which was usurped or unlawfully held or exercised by another person (Sec. 5, Rule 66, Rules of Court).

2.) He must show that he has a clear right to challenge and question the title to a public office allegedly being unlawfully held by another. Mere assertion of a right to be appointed to the office is not sufficient regardless of the alleged flaws in the title of the respondent (Cuevas v. Bacal, 347 SCRA 338,355; Cuyegkeng v. Cruz, 108 Phil. 1147,1158).

Question 35

Why is a Quo Warranto proceeding “brought in the name of the Republic of the Philippines”?

Answer 35

The state is the one granting legal right to hold public office and the right to exercise a public franchise. The unlawful exercise or abuse of such rights is primarily a concern of the Government. Thus, the state is a proper party-plaintiff in a quo warranto petition

Question 36

Against whom may a Quo Warranto petition may be brought

Answer 36

The petition for usurpation of a public office, position or franchise may be brought against any of the following:

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

2.) A Public officer, one that does or suffers an act which constitutes a ground for the forfeiture of his office;

3.) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority to do so.

Question 37

When is the commencement of a Quo Warranto proceeding mandatory?

Answer 37

It is mandatory when the petition is commenced by the government through the Solicitor General or a public prosecutor:

a.) When directed by the President of the Philippines;
b.) Upon complaint or otherwise he has a good reason to believe that the case for quo warranto can be established by proof.

Question 38

When is the commencement of a Quo Warranto proceeding discretionary

Answer 38

It is discretionary when the action is commenced by the Solicitor General or a public prosecutor at the request and upon relation of another person, called the relator

Question 39

Difference re: filing of the quo warranto petition Sol-Gen v. Private Individual

Answer 39

Private individual – In petitions for quo warranto filed by a private individual, it is necessary for him to prove his right to the office or position in dispute. If he fails to prove his entitlement thereto, it is unnecessary for the court to pass on the right of defendant in office.

Solicitor-General – But when instituted by the Sol-Gen or the public prosecutor, it is not necessary that there be a person claiming to be entitled to the office or position alleged to have been usurped. The duty of the court is to pass upon the right of the defendant to the office. (Acosta vs. Flor, 5 Phil 18, 1905)

Question 40

Period for filing Quo Warranto

Answer 40

Action must be commenced within 1 year after the cause of such ouster, or the right of
the petitioner to hold such office or position, arose.

● The one-year period, however, is not interrupted by the prosecution of any administrative remedy as, in quo warranto proceedings, no one is compelled to resort to administrative remedies since public interest requires the right to public office should be determined as speedily as possible. (Galano vs. Roxas, L-31241, Sept. 12, 1975)

● The one-year prescriptive period is applicable when the petitioner/s are private individuals asserting their right of office, but it is not applicable when it is the State or the government itself that files the petition for quo warranto (Republic v. Sereno, G.R. No. 237428, May 11, 2018).

Question 41

The abuse of discretion must be

Answer 41

The abuse of discretion must be patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility. Lara’s Gift and Decors, Inc. vs. PNB General Insurers Co., Inc., 853 SCRA 220, G.R. Nos. 230429-30 January 24, 2018

Question 42

Elements of Expropriation

Answer 42

1) The property taken must be private property
2) There must be genuine necessity to take the private property
3) The taking must be for public use
4) There must be payment of just compensation
5) and the taking must comply with due process of law.

Question 43

Two stages in expropriation:

Answer 43

1st stage: The determination of the authority of the plaintiff to exercise the power to expropriate and the propriety of its exercise in the context of the surrounding facts.

2nd stage: The determination of the just compensation for the property sought to be taken.

Question 44

In an expropriation proceeding, Suppose the plaintiff would like to take possession of the property IMMEDIATELY, is it possible?

Answer 44

Yes. In real property If he deposits with an authorized government depositary an amount equal to the assessed value of the property for purposes of taxation.

But if the one seeking to expropriate or the plaintiff is a Local Government Unit, then the LGU may take possession if he deposits with the Court an amount equivalent to 15% of the Fair Market Value of the property based on the current tax declaration.

Question 45

In expropriation, Where to deposit?

Answer 45

Rule 67: With the authorized government depository to be held by such bank subject to the orders of the court.

RA 10752: it shall immediately deposit to the court in favor of the owner.

Question 46

When is there compensable taking?

Answer 46

• When the private owner is:
  1. Deprived of enjoyment of property
  2. Destruction of property by the government
  3. Government takes possession of the property

Question 47

The elements of pactum commissorium

Answer 47

1. there should be a property mortgaged by way of security for the payment of the principal obligation, and
2. there should be a stipulation for automatic appropriation by the creditor of the thing mortgaged in case of non-payment of the principal obligation within the stipulated period

This is expressly prohibited by Art. 2088 CC

Question 48

Effect of failure to implead indispensable parties in an action for partition

Answer 48

: The Court had consistently ruled that a deed of extrajudicial partition executed to the total exclusion of any of the legal heirs, who had no knowledge of and consent to the execution of the same, is fraudulent, vicious, and a total nullity. As such, it produced no effect whatsoever either against or in favor of anyone.

Question 49

2 Stages in Partition proceedings

Answer 49

1. Determination of the propriety of partition

▪ The first stage involves the determination of whether or not a co-ownership in fact exists and a partition is proper, that is, it is not otherwise legally proscribed and may be made by voluntary agreement of all the parties interested in the property.

2. The actual partitioning of the subject property

▪ The Second stage is when the parties are unable to agree upon the partition ordered by the court. In that event, the partition shall be effected for the parties by the court with the assistance of not more than 3 commissioners.

▪ The second stage may also deal with the rendition of the accounting itself and its approval by the Court after the parties have been accorded the opportunity to be heard thereon, and the award for the recovery by the parties entitled of their just shares in the rents and profits of the real estate in question. Such an order is to be sure also final and appealable.

Question 50

Is an order for partition appealable?

Answer 50

YES, A final order decreeing partition and accounting may be appealed by any party
aggrieved thereby’’

Question 51

Actions to recover real property

Answer 51

1. Accion Interdictal
   - Summary action for either UD or FE. This action must be brought within 1 year from either final demand to vacate the property or loss of physical possession
2. Accion Publiciana
   - Plenary action for the right to possess, when the dispossession has lasted for more than 1 year
3. Accion Reinvidicatoria
   -Seeks recovery of ownership
   -Plaintiff alleges ownership over real property and seek recovery of its full possession

Question 52

Forcible Entry

Answer 52

An action to recover possession of a property from a defendant whose occupation thereof IS ILLEGAL FROM THE BEGINNING since he acquired possession thereof through FISTS

Question 53

Unlawful Detainer

Answer 53

An action for recovery from defendant whose possession of the property was initially lawful by virtue of contract but became unlawful when he continued his possession despite the termination of his right thereunder

Question 54

Tacita Reconduccion

Answer 54

If, at the end of Contract of Lease, the lessee should continue enjoying the property for 15 days without the consent of the lessor and no notice to the contrary has been given, it is understood that there is an implied lease

ELEMENTS:
1. Term of the original Contract of Lease has expired
2. Lessor has not given notice to lessee to vacate the premises
3. Lessee continued enjoying the thing for 15 days with acquiescence of the lessor

Question 55

Defense of Tenancy

Answer 55

Where tenancy is raised as a defense, the court must conduct a hearing to determine the veracity of the tenancy

If tenancy is shown to be the real issue, the court shall dismiss the case for want of jurisdiction

Question 56

Defense of ownership

Answer 56

When the defendant raises the question of ownership and the question of possession cannot be resolved without resolving the question of ownership, the QoO shall be resolved to determine the QoP

Question 57

Is judgment immediately executory in Ejectment cases? If so, what is the remedy of the defendant

Answer 57

Yes, in order to avoid injustice to the lawful possessor

Defendant must:
1. Perfect an appeal
2. File a supersedeas bond to pay for rents, damages and cost of suit accruing to when judgment was appealed from
3. Deposit periodically with the RTC the amount adjudged due under the Contract OR reasonable value of the use and occupation of the premises

Question 59

Mandatory requirement in expropriation

Answer 59

Due process ought to be followed. State must show a genuine need to take the private property