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New Trial
Denied
Petition
Rule 65
for
Granted
Original judgment/final order shall be
Certiorari
vacated and the action shall be trial de
novo
II.
Appeals
Notice
w/in 15 days after
notice of judgment/final
order
Record
w/in 30 days after
When?
notice of judgment/final
order
Required only in special
proceedings and in other
cases of multiple or
separate cases
upon the approval of the
Perfection of an upon filing the notice of
record on appeal filed in
appeal
appeal in due time
due time
the
court
loses
the
court
loses jurisdiction only over
jurisdiction over the the subject matter upon
In appeals by
case upon the perfection the approval of the
and expiration to appeal record and expiration to
appeal
Appeal from RTC
Notice of Appeal w/in 15 days after notice of judgment/final order
Record on appeal w/in 30 days after notice of judgment/final order
Habeas Corpus w/in forty-eight (48) hours from the notice of judgment/final
order
Dismissal of Appeal upon motu propio or motion (3)
a. Dismiss for having been taken out of time
b. Non-payment of the docket and other lawful fees
Perfection of an appeal
a. Timely filing of a petition for review
b. Payment of the docket and other lawful fees
*Effect: RTC loses jurisdiction over the case
Rule 45 vs Rule 65
Issues raised
RULE 45
RULE 65
Question of law
Grave
abuse
of
discretion amouting lack
or excess of jurisdiction
Against
what Review of judgment,
court
action award or final order on
directed
the merits
Judgment
on
the
Effect of the proceedings
appealed
Proceedings
from is stayed by the
appeal
interlocutory order
No effect
preliminary
or a TRO
issued
unless a
injunction
has been
state of facts
facts alleged
Interlocutory Order
Does not dispose of a
case
completely
but
leaves something more
to be decided upon
Not Appealable
No need to comply with
such requirement
Relief from Judgment, Orders and Other proceedings is a legal remedy whereby a
party seeks to set aside a judgment where he is unjustly deprived of a hearing or was
prevented from taking an appeal because of fraud, accident, mistake or excusable
negligence
Fraud
Accident
Mistake
Excusable Negligence
Petition for relief from denial of appeal file a petition praying that the appeal
be given due course
Petition for relief under Rule 38 is an admission that the period to appeal from
the decision had already expired
IV.
I.
Receivership
One or more receiver of the property may be appointed
Receiver is a person appointed by the court in behalf of all the parties to the
action for the purpose of preserving and conserving the property in litigation
and prevent its possible destruction or dissipation if it were left in the
possession of any of the parties
Sec. 3 Denial of application or discharge of receiver
a. Adverse party files a sufficient bond to answer damages
b. Appointment was obtained without sufficient cause
c. Bond is found to be insufficient in amount
d. Surety/sureties failed to justify
Two kinds of bond:
a. Applicants bond
b. Receivers bond
Execution
a matter of right upon the
execution of the period to appeal
and no appeal was perfected or
order that disposes of the action
or proceedings
*After trial court lost jurisdiction, the motion for execution on pending appeal may
be filed in the appellate court.
*May be issued only for good reasons
LEVY
seizure of
real or personal
property
belonging
to
the
judgment debtor for subsequent
execution
sale
to
satisfy
judgment
GARNISHMENT
is the process of notifying a third
person to retain and attach the
property he has in his possession
or under his control belonging to
the judgment debtor to make
disclosure
to
the
court
concerning the same and to
dispose of the same to satisfy the
judgment
PROVISIONAL REMEDIES
II.
Preliminary Attachment
At the commencement of the action or at any time before the entry of judgment
May have the property of the adverse party attached as security for the
satisfaction of any judgment
XPN/unless: such party makes a deposit or gives a bond
Ex parte or motion
Sec. 13 Discharge of attachment on other grounds (4):
a. Improperly or irregularly issued or enforced
b. Bond is insufficient
c. Attachment is excessive
d. Defect is not cured forthwith
Levied upon the property of the defendant so the property may be held as
security for the satisfaction of the judgment
Seize the property for the purpose of satisfying judgment
III.
Preliminary Injunction
Order granted at any stage of an action or proceedings
Requiring a party/court agency or a person to refrain from a particular act/acts
(preliminary preventive injunction) or require the performance of a particular
act (preliminary mandatory injunction)
Grounds (2):
a. Applicant is entitled to the relief
b. There is a violation of the rights of the applicant
Sec. 5 Preliminary Injunction is not granted w/out notice
XPN/unless:
a. Great or irreparable injury would result ( TRO effect only for 20 days)
Prohibition
directed against a court,
tribunal,
person
extending quasi-judicial
powers
court
whom
sought
acted without in excess
of jurisdiction
Bond the applicant must also give a bond, executed to the adverse party in
double the value of the property as stated in the affidavit
II.
Declatory Relief and Similar Remedies
Who may file? Any person interested under a deed, will, contract or other
instruments whose rights are affected by a statute, executive order or regulation,
ordinance may before breach or violation thereof bring an action in the
III.
Certiorari, Prohibition, Mandamus
Without or inexcess of jurisdiction or with grave abuse of discretion amounting
to lack or excess of jurisdiction
CERTIORARI
PROHIBITION
MANDAMUS
Judicial, quasiJudicial
or judicial
or tribunal, board officer
quasi-judicial
ministerial
or person
functions
unlawfully neglects the
commanding
performance of his duty
annulling
or the respondent
or unlawfully excludes
modifying the to desist from
another from the use
proceedings
further
and enjoyment of a right
proceedings
or office
IV. QUO WARRANTO
Action by government against individuals
An action for usurpation of public office, position or franchise (3)
a. A person who usurps, intrudes into or unlawfully holds or exercise public
office, position or franchise
b. Public officer who does or suffers an act which by the provision of law
constitutes a ground for the forfeiture of his office
c. An association which acts as a corporation within the Philippines without
being legally incorporated
When S.Gen or Public Prosecutor must commence an action?
a. Directed by the President of the Philippines
b. Upon complaint
c. Good reasons to believe and can be established by proof
When S.Gen or Public Prosecutor may commence an action with permission of
court?
a. Request
b. And upon the relation of the other person
Judgment where usurpation found (Sec. 8) shall render respondent ousted
and excluded therefrom and petitioner/relator may recover his costs
Limitation (Sec. 11) commenced within one (1) year after cause of such ouster
or right of the petitioner to hold such office
IV.
Expropriation
(Sec. 4) payment of just compensation is determined as of the date of the taking
of the property or filing of the complaint, which ever came first
Requisites (4)
a. For public use/purpose
b. Real or personal property
c. Join as all defendants for claiming parties
d. Just compensation
V.
VI.
Partition
VII.
VIII. Contempt
Is a defiance of the authority, justice or dignity of the court, such conduct as
tends to bring the authority and administration of the law into disrespect of, to
interfere with, or prejudice parties litigant or their witnesses during litigation.
Disobedience to the court by setting up an opposition to its authority, justice
and dignity
Indirect contempt to be punished after charge and hearing. After a charge in
writing has been filed, and an opportunity given to the respondent to comment
thereon within such period as may be fixed by the court and to be heard by
himself or counsel, a person guilty of any of the following acts may be punished
for indirect contempt:
VI.
Receivership
One or more receiver of the property may be appointed
Receiver is a person appointed by the court in behalf of all the parties to the
action for the purpose of preserving and conserving the property in litigation