Special Civil Actions

Question 1

What are the special civil actions?

Answer 1

R. 62 - Interpleader *
R. 63 - Declaratory Relief and Similar Remedies *
R. 64 - Review on the Judgments and Final Order or Resolutions of the COMELEC and COA
R. 65 - Certiorari, Prohibition and Mandamus *
R. 66 - Quo Warranto *
R. 67 - Expropriation *
R. 68 - Foreclosure or Real Estate Mortgage *
R. 69 - Partition *
R. 70 - Forcible Entry and Unlawful Detainer *
R. 71 - Contempt *

Question 2

Define res judicata?

Answer 2

Res judicata is defined as a matter adjudged; a thing judicially acted upon or decided; or a thing or matter settled by judgment.

Question 3

REQUISITES in res judicata:

Answer 3

1. The former judgment must be final;
2. It must have been rendered by a court having jurisdiction of the subject matter and the parties;
3. It must be a judgment on the merits; and
4. There must be, between the first and second actions,
   -Identity of parties
   -Identity of subject matter, and
   -Identity of causes of action

Question 4

Define grave abuse of discretion.

Answer 4

Grave abuse of discretion exists when there is an evasion of duty enjoined by law or to act in contemplation of law as when the judgment rendered is not based on law and evidence, but on caprice, whim, and despotism.

Question 5

When can you file for a petition for certiorari?

Answer 5

60 days from notice of order, judgment or resolution.