Finals Reviewer

Question 1

how to effect the summary action “ACCION INTERDICTAL”

Answer 1

forunlawful detainer,
- 1 year from the last demand
- possession originally lawful but ceased by expiration of right

for forcible entry,
- 1 year from the forcible entry
- defendant’s possession of property is illegal from the start

Question 2

distinctions between FE & UD

key distinction

Answer 2

FE
1. complaint must be predicated upon the plaintiff’s “prior physical possession” of the premises which he was deprived of by FITSS (sine qua non)

[UD]
1. no need prior physical possession

Question 3

how to effect “ACCION PUBLICIANA”

Answer 3

• recovery of possession real property
• when action to recover past 1 year from accrual of cause of action
• and dispossession did NOT occur under circumstances of FE/UD

Question 4

how to effect “ACCION REIVINDICATORIA”

Answer 4

• recovery of ownership & includes jus utendi & Jus fruindi

Question 5

Effect of failure to file answer, If the defendant, of course the defendant will be given 30 days to place
his answer to the case for ejectment. But what happens if no answer has been filed within 30 days?

can you move that the def’t be in default?

what happens if you file an answer exceeding?

Answer 5

No, not allowed in SumPro.

supposed an answer is filed beyond, it will not be given notice and the case will be decided without

Question 6

judgment in favor of A in an ejectment suit which also provides a statement of ownership. is this binding ?

Answer 6

No, BP 129 Sec. 33 (2) proides that the court may resolve the question of ownership if only and for the purpose of just resolving issue of possession

as illustrated in the case of Ma. Luz Teves Esperal

Question 7

1 -remedies when judgment adverse to you in ejectment cases considering it is summary procedure

2- can you MR?

3- you are upset that the party is executing while pending appeal, is your concern valid?

4 - your advice to ensure your client’s interest are protected that they continue using the premises pending appeal?

Answer 7

1. appeal to RTC r40
2. No, appeal immediately
3. no, decision is immediately executory even pending appeal
4. file a superseding bond & tender monthly rentals to the RTC per month for continued occupancy

Question 8

if you are the plaintiff and the judgment was in favor of the defendant, what is your remedy while it’s appealed to the RTC?

2 - RTC issues adverse ruling to you

3 - if denied in #2, what is the appeal

4 - what remedy #3 to elevate?

Answer 8

1. injunctive relief
2. MR is now permitted
3. No more appeal can be had

4 - r65 to CA

Question 9

distinguish direct & indirect contempt

Answer 9

[DIRECT]
- committed in the presence or so near the court
- punished summarily
- remedy is certiorari/prohibition

[INDIRECT]
- committed without the presence or so near a court
- punished after charge & hearing

Question 10

what is the main idea of an IP?

Answer 10

the plaintiff compels 2 parties to settle an issue to which he has no interest over or if he does, is not part of the dispute

A sca filed by a person against whom two conflicting claims are made upon the same subject matter and over which he claims no interest whatever, or if he has interest, it is one which, in whole or in part, is not disputed by the claimants. The action is brought against the conflicting claimants to compel them to interplead and litigate their claims among themselves.

Question 11

When is interpleader proper?

GR
XPN

Answer 11

GR: an action for Interpleader should be filed w/in reasonable time AFTER a dispute has arisen w/o waiting to be sued by either contending parties otherwise will be barred by Latches

XPN:
in environmental circumstances, where stakeholder acts with reasonable diligence the remedy is not barred

Question 12

What ground [&] When can a party motion to dismiss (MTD) an interpleader?

Answer 12

sec. 4

w/in time for filing an answer, each claimant may file a MTD on the ground of;

• impropriety of the Interpleader action, or
• other appropriate grounds specified in Rule 16 (litis pendencia, res judicata, prescription, lack of JD of SM)

note
1 - requisites not complied with

Question 13

Rule 19 - Intervention

Rule 62 - Interpleader

Answer 13

[19]
- A & B in a dispute involving only the A & B and C joins in (ancillary action)
- c-mmenced by LoC
- has interest

rule 15

[62]
- SCA, independent & OG
- commenced by filing of complaint
- no interest

Question 14

in determining JD for an actino for IP, what is the basis of the value of real property?

Answer 14

assessed value in the tax declaration, above 400k is RTC

Question 15

is the period to answer IP 30 days by virtue of amendment?

Answer 15

No, it remains to be 15 since this is a SCA and the extension amendment refers to ordinary civil actions

Question 16

what is the main idea of Declaratory Relief?

Answer 16

a persons rights/interest based on a written instrument becomes affected by law or any regulation brought to the RTC for checking of validity or construction or declaration of one’s rights BEFORE BREACH

Any person interested under a deed, will, contract or other written instrument, 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. (Section 1, Rule 63)

Question 17

other froms of DR?

b - what makes one of them different from the rest?

Answer 17

A]
reformation of instrument
quieting of title
consolidate ownership

B]
- quieting of title can be in MTC if below 400k, the rest since the property is merely incidental, it is a case without pecuniary estimation therefore in the RTC

Question 18

if real property is below 400k for DR Quieting of Title , which court has JD? RTC or MTC?

Answer 18

OCA 256-2022 quieting of title is a REAL action; 400k below is MTC and 400k above is RTC

Question 19

An action for DR seeking the court to declare his filiation & consequently his hereditary rights.

Is it proper?

Answer 19

No, the action is not based on a deed, will, statute, or any of the exclusive list enumerated as the subject matter of the petition

Question 20

DR seeking judicial declaration of citizenship to correct a previous unilateral registration by the petitioner as an alien

Answer 20

Improper. The action is not founded on a deed, contract, or any ordinance

Question 21

There is ambiguity in the judgment rendered against A. He petitions for DR seeking clarification. Is it proper?

Answer 21

No, the proper remedy is to move for clarificatory judgment. The subject matter of a Court Decision (local) cannot be interpreted w/in the purview of “other written instrument”

Question 22

when is DR proper in wills and testament

when is it IMPROPER?

Answer 22

A]
- after death BEFORE any breach

B]
- when breach occurs such as actual partition & distribution

Question 23

A case is filed & styled as a petition for certiorari but seeks the declaration by the SC of the unconstitutionality & illegality of the questioned rule which partakes of a DR, not certiorari.

Is this proper insofar as JD is concerned?

Answer 23

No, the SC has no OG JD over a petition for DR. It only has appellate JD over the petition

Question 24

FACTS: The Bureau of Internal Revenue (BIR) announced the impending imposition of VAT on toll fees collected by tollway operators. Concerned motorists and advocacy groups filed a petition before the Supreme Court seeking declaratory relief, arguing that the imposition was unconstitutional and would adversely impact millions of motorists. The government countered that the petition should be dismissed, as the Supreme Court has no original jurisdiction over declaratory relief, and petitioners had other remedies, such as an appeal to the Secretary of Finance. The petitioners, however, argued that resolving the issue urgently was necessary to prevent harm to the public.

The government sought reconsideration of the Court’s resolution, arguing that petitioners’ allegations clearly made out a case for declaratory relief, an action over which the Court has no original jurisdiction. The government added that the petition did not meet the requirements of Rule 65 for actions for prohibition since the BIR did not exercise judicial, quasi-judicial, or
ministerial functions when it sought to impose VAT on toll fees. Besides, the petitioners, argued the government, had a plain, speedy, and adequate remedy in the ordinary course of law against the BIR in the form of an appeal to the Secretary of Finance.

QUESTION:

• Is the petition for declaratory relief properly filed before the Supreme Court, and if not, may it be treated as a petition for prohibition under Rule 65?
• What are the precedents for treating a petition for DR as one for prohibition/mandamus?

Answer 24

[1]
No, since the SC has no OG JD over the petition for DR, that ground alone would dismiss it henceforth.

[2] Diaz v. Secretary of Finance, July 19, 2011)
1. Case has far-reaching implications, and
2. Raises questions that need to be resolved for the public good

note
1 - to dismiss the petition & resolve it later on could cause mischief both to the tax-paying public & gov’t which makes any attempt to refund motorist what they paid an adminstrative nightmare with no solution.

Question 25

Bayan Telecommunications v. Rp

Facts: A petition for declaratory was filed seeking a suspension of the provision of R.A. 7925, requiring public offering of 30% of the aggregate common stocks of telecommunication entities with regulated types of services. At the time of the filing of petition, there were yet no implementing rules and guidelines issued by the NTC.

[a] is the DR proper?
[b] is the presence or absence of the IRR sufficient to determine if it is proper?

Answer 25

[A]
Held: “A MERE APPREHENSION of an administrative sanction does not give rise to a justiciable controversy xxx. Whatever sanctions petitioner fears are merely hypothetical.”

[B]
Not the mere absence of IRR that makes a justiciable controversy as in the case of MMDA so long as there are overt acts indicative of a justiciable controversy

Question 26

can you get affirmative reliefs from DR cases? ist there writ of executino?

Answer 26

GR: no you cannot as in ordinary civil cases

XPN: in cases where the def’t did not object in trial & complaint sufficient for specific performance or recovery of property with daamages, court can grant affirmative reliefs warranted by evidence

Question 27

main idea of rule 64 “Review of judgments and final orders or resolutions of the COMELEC & COA”

Answer 27

it is petition for certiorari exclusively for COMELEC & COA in their exercise of quasi-judicial /adjudicatory powers within 30 days only

Question 28

if COMELEC issues an order not in its adjudicatory or quasi-judicial powers, then what is the remedy?

Answer 28

R65 certiorari that is in excess of those powers in RTC such as an administrative function (award of voting equipment)

Question 29

COMELEC issues order that bans use of firearms. what is the proper remedy?

Answer 29

it is not r64 but r63 on declaratory relief

Question 30

is the neypes doctirne applicable to 64 as it is applicable in 65?

Answer 30

No, the filing of MR will only interrupt and the remaining period of time to file 64

Question 31

can you file injunctive relief in r64?

Answer 31

Yes, certioari under 64 and 65 are not continuation of the proceedings that’s why normlaly it does not stay the execution that’s why injunctive relieves can be had .

Question 32

main idea of r65

Answer 32

no appeal options and you want to annul or modify the judgment/resolution of a court

Question 33

GRL certiorari is not a replacement for a lost appeal

XPN

Answer 33

9. writs issued are null & void

1. judge capriciously & whimsically exercised judgment
   10 order amounts to an oppressive exercise of judicial authority
2. danger of failure of justice*
3. appeal would be slow, inadequate, and insufficient
4. issue is purely of law
5. public interest is involved
6. urgency
7. public welfare & public policy dicates
8. broader interest of justice requires

Question 34

GR: MR required before Certiorar

XPN

not in the exam

Answer 34

• order is w/o JD
• SM are perishables
• situation where MR is useless
• no due process given

1.Where the order is a patent nullity, as where the court a quo has no jurisdiction;

2.Where the questions raised in the certiorari proceedings have been duly raised and passed upon
by the lower court, or are the same as those raised and passed upon in the lower court;

3.Where there is an urgent necessity for the resolution of the question and any further delay
would prejudice the interests of the Government or the petitioner or the subject matter of the
petition is perishable;

4.Where, under the circumstances, a motion for reconsideration would be useless;

5.Where the petitioner was deprived of due process and there is extreme urgency for relief;

6.Where, in a criminal case, a relief from an order of arrest is urgent and the granting of such
relief by the trial court is improbable;

7.Where the proceedings in the lower court are a nullity for lack of due process;

8.Where the proceeding was ex parte or in which the petitioner had no opportunity to object; and
9.Where the issue raised is one purely of law or public interest is involved.

Question 35

while certiorari must be in the quasi jduicla or adjudicatory, is there an instance where it can be in anther power?

Answer 35

Yes, thru the expanded defintion of certiorari based on the 1987 constiution, art. 8 par 2, sec1 . pwede in executive function or legislative function

Question 36

main idea of prohhibtion r65

Answer 36

a body in the exercise of ministerial quasi judicial or adjuciatory body where no appeal can be had, seeks to prohibit that action

Question 37

Let us say that I own a parcel of land, but then Ayala Land incorporated wanted to enter my
property and make use of it over my vehement objection.

Question: Can I avail of prohibition so as to prohibit Ayala Land from usurping my property? Should I
be filing provision under Rule 65 against Ayala Land?

Answer 37

no, the act is not minsterial or public in nature

Question 38

main thrust of mandamus

Answer 38

• neglects performance which law required the body to do [or]
• excludes use & enjoyment of a right or use & enjoyment of an office

commanding the respondent to do & to pay damages

Question 39

can you mandamus a discretionary act when the law prescribes ministerial?

Answer 39

GR: no

XPN: yes when there is gross abuse of discretion, manifest injustice, excess of authority

ex. not just compel a judge to act on the MTD filed by you, but to compel judge to actually dismiss the case because it’s been pending 3 years

Question 40

ELECTION CASES, if you want to file an appeal from the decision of the MTC or the RTC, you should file your appeal within a period of just 5 days. Reckoned from the receipt of the adverse ruling, that’s pursuant to Admin
Matters No. 07-4-15.

[a]
But the question is from the MTC,
where should you go by way of APPEAL?

[b]
where should you go by way of CERTIORARI?

Answer 40

A - [MTC] - brgy officials
COMELEC

A- [RTC] - municipal
COMELEC

B - [MTC]
COMELEC

B [ RTC]
COMELEC

Question 41

a - remedy against the ombudsman’s decision or order in a CRIMINAL case

b - which court has JD?

Answer 41

a- petition for certiorari r65

b - SC (exclusive original JD)

Question 42

what is the thrust in Rule 66 Quo Warranto

Answer 42

is a remedy for a person not entitled to office to challenge another person who is holding public office

It is an action against a person who usurps, intrudes into, or unlawfully holds or exercises a public office or even a public franchise (Section 1, Rule 66)

Question 43

quo warranto v. mandamus v. impeachment

Answer 43

[quo warranto]
holding the office of the petitioner
- pvp

[mandamus]
action against body responsible for unlawfully excluding petitioner from office
- player v. environment

[impeachment]
lawfully holds office from the beginning but due to infractions, is impeached

Question 44

while you have to institute a separate action for damages when you win in a quo warranto case, can you claim actual damages like the lost salaries you could have earned during the pendency of the case?

Answer 44

No, even if you are the rightful occupant of the public office, a de facto officer is entitled to receive the salaries attached to the office occupied.

Question 45

main idea of expropriation

Answer 45

take away private property for just compensation

Question 46

requisites for taking in Imminent Domain

Answer 46

1. expropriator must enter private property
2. entrance must be more than a momentary period
3. entry under warrant or color or authority
4. devoted for public use or informally appropriated or injuriously affected
5. use is such a degree that owner is deprived enjoyment of property

Question 47

JD over expropriation cas?

Answer 47

initially, it was incapable of pecuniary estimation so RTC but thru OCA 256-2022, SC classified exproperitation case involving rela property as rel action so 400k above is RTC, and below is MTC

Question 48

what is the required deposit so exploiter will be allowed to enter the property while case is being considered by the court?

Answer 48

GR: assessed value

XPN: if expropriator is LGU, 15% FMV by BIR. 100% if BIR zonal valuation

Question 49

reckoning point in determining just compensation?

Answer 49

GR: from the date of filing of complaint or taking of property whichever comes first

XPNs:
1. expropriator is LGU, it shall only be from actual taking even if filing came first

2. inverse condemnation proceedings, exprop takes without color of authority [and] does not pay JC, JC starts from date of filing of complaint by property owner even if taking came first

Question 50

when can you recover your expropriated property?

Answer 50

1. nonpayment for 5 years
2. non-utiliziation abandonment of the spcifiec purpose

Question 51

main idea of REM r68

Answer 51

made by debtor in favor of creditor as security for principal obligation

Question 52

A REM his property B

A - A defaulted, B claimed ownership over the property. allowed?

B - what can A do to own the property offered as REM

Answer 52

A - No, pactum commissorium is not allowed

B - upon default, draw up a dacion en pago

Question 53

I mortgage my property with an assessed value of say P1 million to Mr. Gravador to secure my loan obligation in the amount of P1 million, ako utang P1 million, but then I mortgage my property with an assessed value of P10 million. I defaulted the payment of my obligation such that Mr. Gravador is forced to filing a complaint for judicial foreclosure of my REM. Question, should the case be filed in the MPC given that the unpaid loan is only P1 million, or should the case be rather filed in the RTC?

Answer 53

JD not based on the amount of loan obligation but by the assessed value of the property involved

RTC

Question 54

procedure on Judgment on Foreclosure

Answer 54

1. sum be paid to court or obligee w/n period of 90-120 from entry of judgment/finality (equity of redemption)

• can be exercised pass the period but prior confirmation by the court (JP)

2. if there is non-payment past that period, shall be sold in a public auction

Question 55

when to exercise “Rigth of redemption

Answer 55

• in extrajudicial foreclosure
• 1 year from registration of cert of sale

Question 56

FORECLOSURE

GR:

XPN

XPN-XPN

Answer 56

[GR]
JF - equity of redemption (90-120)
EJF - right of redemption (1 yr. from registartion of cert of sale in RD)

[XPN]
JF - If mortgagee is a BANK, then it is ROR

[XPN-XPN]
EFJ - if mortgagee is a BANK [+] mortgagor is a JURIDICAL PERSON, ROR is 3 months

in any other case, JF/EFJ, 1 year

Question 57

main idea of partition

Answer 57

division of co-owned properties