Prepared By: Audreylyn D.

Gonzales
RULE 62
INTERPLEADER

Complaint Court issues: Summons with: Fail to file answer:

1. Order requiring 1. Copy of complaint Declare in Default
conflicting claimants 2. Order
to interplead
2. If justice so
requires, Order that
subject matter be Motion to Dismiss Answer
paid or delivered to 15 days from 15 days from
court summons summons
Grounds: Serve copies to
1.Impropriety of conflicting claimant
interpleader (co-defendant)
2. Rule 16

Motion denied: Reply

File answer within
remaining period NOTE: Parties may
which shall not be file counterclaim,
less than 5 days in cross-claim, third-
any event party complaints
and responsive
pleadings thereto

Pre-Trial

Hearing

NOTE: Docket and

lawful fees, costs,
and litigation
expenses shall
constitute lien upon
the subject matter
of the action
Prepared By: Audreylyn D. Gonzales
RULE 63
DECLARATORY RELIEF AND SIMILAR REMEDIES

Petition Notice Court action Except cases falling under

Before breach or 1. Solicitor General Similar Remedies, court
violation of subject in actions: may, motu proprio or upon
documents a. validity of motion refuse to exercise
statutes, executive power to:
Declaratory Relief – order or any other a. declare rights
RTC gov’t. regulation b. construe instruments
b. local ordinance
Similar Remedies – alleged to be Grounds:
Proper court unconstitutional Convert to 1. Decision will not
Ordinary Action terminate the uncertainty
NOTE: All interested 2. Prosecutor or Before final or controversy
persons must be Attorney of the local termination of the 2. Declaration or
impleaded as gov’t. in actions: case, if breach or construction not necessary
parties a. validity of local violation should and proper
gov’t. ordinance take place

Pleadings
Prepared By: Audreylyn D. Gonzales
RULE 64
REVIEW OF JUDGMENTS OF COA AND COMELEC

Verified Petition Pay docket and Dismiss outright: FILING OF PETITION

(Rule 65 – SC) lawful fees and 1. Not sufficient in DOES NOT STAY THE
30 days from judgment or deposit P500 for form and substance EXECUTION OF
remaining period, which shall costs 2. Filed manifestly JUDGMENT
not be less than 5 days, from for delay
denial MR or MNT 3. Questions raised
are too
NOTE: Findings of facts shall be unsubstantial
final and non-reviewable if
supported by substantial Court action
evidence
Sufficient in form Order to Comment
Petition shall state: and substance 10 days from notice
1. facts with certainty
2. issues
3. grounds and brief arguments
Submitted for
relied upon
Decision
4. pray for judgment annulling
or modifying the judgment
The court may set
5.Material Data Rule
the case for oral
argument or require
Petition shall be accompanied:
submission of
1. Clearly legible duplicate
memoranda
original or certified true copy of
the judgment
2. Certified true copies:
a. material portions of the
record
b. other documents relevant
and pertinent thereto
3. Certificate of non-forum
shopping
4. Proof of service
5. Proof of timely payment of
docket and lawful fees

NOTE: No other pleadings may

be filed unless required by
court
Prepared By: Audreylyn D. Gonzales
RULE 65
PETITION FOR CERTIORARI, PROHIBITION AND MANDAMUS

Verified Petition Pay docket and Dismiss outright: Award:

60 days from judgment or lawful fees and 1. Not sufficient in 1. treble costs
denial MR or MNT deposit P500 for form and substance against petitioner
costs 2. Filed manifestly and counsel
Petition shall state: for delay 2. counsel may be
1. facts with certainty 3. Questions raised subjected to
2. pray that judgment be are too administrative
rendered: unsubstantial sanctions
a. annulling or modifying the 4. Patently without
proceedings of such tribunal, Court action merit
board or officer
b. commanding respondent
to desists from further Sufficient in form Order to Comment
proceedings and substance (not Motion to
c. commanding respondent Dismiss)
to do act required to be done 10 days from notice
and pay damages
3. pray for granting of FILING OF PETITION Issue TRO or
Service to
incidental reliefs as law and DOES NOT STAY THE Preliminary
respondents:
justice may require EXECUTION OF Injunction
1. Copy of Order to
JUDGMENT
Comment
Petition shall be accompanied: 2. Copy of the
1. Certified true copy of the Lower court, unless
petition and
judgment enjoined, shall
annexes thereto
2. Copies: proceed with the
a. pleadings principal case
b. other documents relevant Reply and other
and pertinent thereto 10 days from filing
pleadings as
3. Certificate of non-forum of petition
necessary and
shopping proper
4. Proof of service (Before CA or SC)
5. Proof of timely payment of
Orders expediting
docket and lawful fees
the proceedings
Submitted for
NOTE: Lower court must be Decision
impleaded as public
respondents The court may hear
the case or require
submission of
memoranda

Execution: Certified Copy of

1. Damages Judgment served Judgment
2. Costs upon lower court
Prepared By: Audreylyn D. Gonzales
RULE 66
QUO WARRANTO

Verified Petition Pay docket and Petition shall state:

1 year from cause of such lawful fees 1. If action is against a
ouster or right of petitioner to If permission of person for usurping a
hold office or position court is required public office, position
before filing of or franchise:
Petition shall be commence by: petition a. name of the
1. Solicitor General or public person who claims
prosecutor: to be entitled
a. directed by the President Require an thereto
b. upon complaint or indemnity for b. aver right to the
otherwise he has good expenses and costs same
reason to believe that the for the action c. aver that
case can be established by respondent is
proof unlawfully in
c. upon request and relation possession thereof
of another with permission of Notice to
the court respondent

File pleadings as
NOTE: Petition shall be in the required by court
Opposition
name of the Republic of the
Philippines

2. Person claiming to be Order to Commence Judgment

entitled to public office or Action
position If against respondent:
1. ousted and
Service to all File Verified Petition excluded from office
NOTE: Petition shall be in his
interested parties Period ordered by 2. petitioner or relator
own name
court may recover costs
3. further judgment as
justice may require
Court may reduce
period for filing of the
pleadings and such
Person entitled to
action may be give
office:
precedence over other
1. take oath
civil matter Judgment for Costs
2. post bond as
required by law
3. demand books and
papers, otherwise
contempt
4.recover damages (1
year after entry of
judgment)
Prepared By: Audreylyn D. Gonzales
RULE 67
EXPROPRIATION

Verified Complaint Pay docket and No objection Whether

lawful fees defendant has
Complaint shall state: Defendant shall file previously
1. with certainty, the right and and serve: appeared or
purpose of expropriation Summons 1. Notice of answered, he may
2. describe the real or personal appearance present evidence
property 2. Manifestation to as to the amount
3. join as defendants all that effect, specifically of just
persons owning or claiming to Answer identifying the compensation
own, or occupying the property Period stated in property and share in the
summons distribution of the
Effect: Entitled to all award
Answer shall: notice of all the
Upon filing of complaint or
1. identify the proceedings NO DEFAULT
anytime thereafter
property in which he
claims any interest
Plaintiff shall have right to
2. nature and extent
enter into possession upon:
of interest claimed
1. Notice to defendant
3. all objections and
2. Deposit an amount
defenses against the
equivalent to the assessed
taking
value for tax purposes with
authorized gov’t. depositary:
NOTE: No
a. money
counterclaim, cross-
b. certificate of deposit of
claim or third-party
gov’t. bank
complaint

NOTE: Value of personal

property shall be provisionally
Order of Appointment
determined Amendment of of not more than 3
Answer commissioners
10 days from filing

Order sheriff to place plaintiff

Order of Expropriation Objections to the
in possession of the property
appointment
NOTE: Plaintiff can no 10 days from service
Sheriff shall:
longer withdraw
1. submit report
2. serve copies to parties
Appeal Resolve Objections
30 days after
NOTE: Such appeal commissioners
shall not prevent court received copies of the
from determining just objections
compensation
Prepared By: Audreylyn D. Gonzales
Proceedings before the
Commissioners
1. take oath that they
would faithfully execute
their duties and same is
filed with the court
2. receive evidences
3. after notice to parties
to attend, conduct
ocular inspection
Judgment on Partial
Report
Court may render
judgment when any
portion of real estate
have been passed on
the commissioners
Costs shall be paid by
plaintiff unless appeal is
taken and judgment is
affirmed
Fees of the
commissioners shall be
taxed as costs
If defendant refused to
accept payment, the
same shall be consigned
with the court
Full and accurate report Judgment entered in the
60 days from Expropriation
appointment, unless Proceedings
extended by court
Judgment shall state:
1. with adequate
description, the property
Objections to the Report
to be expropriated
10 days from service
2. nature of the public
use or purpose
Hearing
Court may:
1. Accept report and
render judgment in
accordance therewith
2. Recommit for further
Appeal
report of facts
3. Set aside report and
NOTE: Such appeal shall
appoint new
not delay the right of
commissioners
plaintiff to enter upon
4. Accept in part and
the property and
reject in part
appropriate the same for
5. Judgment as it deems
public use
proper to secure:
a. plaintiff of his right
If appellate court
to expropriate
determines that plaintiff
b. defendant of his
had no such right, it may
right to just
issue:
compensation
1. Judgment ordering
the RTC to restore
defendant to possession
Judgment for Just 2. Determine and award
Compensation damages
Court should resolve
conflicting claims and for
When real estate is
such purpose, may
expropriated, certified
order, that such sums as
copy of the judgment
may be awarded to
shall be recorded in the
party entitled, be paid
Registry of Deeds
with the court
Effect: Vest in plaintiff
the title to the real
Payment of Just estate
Compensation
Prepared By: Audreylyn D. Gonzales
FORECLOSURE OF REAL ESTATE MORTGAGE
Complaint
Complaint shall set forth:
1. date and due execution of
mortgage
2. its assignments, if any
3. names and residences of the
mortgagor and mortgagee
4. description of the mortgaged
property
5. a statement of the:
a. date of the note or other
documentary evidence of the
evidence secured by the
mortgage
b. the amount claimed to be
unpaid thereon
6. names and residences of all
persons claiming an interest in
the property subordinate in
right to that of the mortgagee
(junior encumbrancer), all of
whom shall be made
defendants
Writ of Possession
Writ shall issue, upon
motion:
1. Extra-judicial
foreclosure, after 1
year from registration
of the certificate of
sale
2. Judicial foreclosure,
after finality of order
of confirmation
RULE 68
Judgment Disposition of the Proceeds of
Sale
Judgment shall
contain: After deducting costs of sale,
1. amount due to proceeds shall be paid to:
plaintiff, including 1. mortgagee
interests and other 2. junior encumbrancer in
charges order of priority
2. costs 3. return the residue, if any, to
mortgagor
Equity of Redemption
Debt not all due
Within a period not
less than 90 days nor
Upon motion, court may order
more than 120 days
more to be sold as often as
from entry of
more debt becomes due
judgment
If property cannot be sold in
Court shall order
portions without prejudice to
defendant to pay
parties, property shall be sold
at first instance and proceeds
be paid to the entire debt and
Sale at Public Auction costs, if sufficient, with rebate
(RULE 39) of interest if proper
In default of such
payment, upon
Deficiency Judgment
motion, property shall
Available only in Judicial
be sold at public
Foreclosure
auction to satisfy the
judgment
Upon motion, court may
render judgment against
defendant for any balance:
Order Confirming the
1. If due – writ of execution will
Sale
issue immediately
2. If not due – writ of execution
Effect: All rights over
be issued only upon the time
property is vested in
balance becomes due under
the purchaser
terms of the contract
Prepared By: Audreylyn D. Gonzales
Registration

A certified true copy of the

final order of court confirming
the sale shall be registered
with the Registry of Deeds

No Right of Redemption Right of Redemption Exists

1. Certificate of Title in the
name of the mortgagor shall be
cancelled
2. New one shall be issued in
the name of the mortgagee
Available only in Extra-Judicial
Foreclosure
(1 year from Registration of the
Certificate of Sale)
1. Certificate of Title in the
name of the mortgagor shall
not be cancelled
2. The following shall be
registered:
a. Certificate of Sale
b. Order confirming the sale
3. Brief memorandum thereof
shall be made by the Registrar
upon the certificate of title

Property was Redeemed Property was not Redeemed

1. Deed of Redemption shall be 1. Final Deed of Sale in favor of

registered in the Registry of
Deeds
2. Brief memorandum thereof
shall be made by the Registrar
upon the Certificate of Title
purchaser shall be executed by
the Sheriff
2. Final Deed of Sale shall be
registered in the Registry of
Deeds
3. Certificate of Title in the
name of the mortgagor shall be
cancelled
4. New one shall be issued in
the name of the purchaser
Prepared By: Audreylyn D. Gonzales
RULE 69
PARTITION
Complaint Trial
Complaint shall set
forth: Order for Partition
1. nature and extent
of his title
2. adequate
description of the Partition by
property Agreement
3. join as defendants
all other persons Parties may make
interested in the partition among
property themselves by proper
instruments of
conveyance
Court shall confirm
the partition made by
the parties
Registration
The following shall be
registered:
1. Deed of Partition
2. Order confirming
the Deed of Partition
Assign the property to
one willing, provided
he pays the others
Appeal
Appointment of not
more than 3
Commissioners
Proceedings before
the Commissioners
1. take oath that they
would faithfully
execute their duties
and same is filed with
the court
2. after notice to
parties to attend,
conduct ocular
inspection
3. hear the parties as
to their preference
Court Action
If property cannot be
divided without
prejudice to the
parties
Upon request of one,
Order confirming the
order the property to
sale
be sold
Prepared By: Audreylyn D. Gonzales
Full and accurate report
By the Commissioners
Objections to the Report
10 days from service
Hearing
Court may:
1. Accept report and
render judgment in
accordance therewith
2. Recommit for further
report of facts
3. Set aside report and
appoint new
commissioners
4. Accept in part and
reject in part
5. Judgment as it deems
proper to effectuate a
fair and just partition
Expenses for the
recording shall be taxed
as costs
Judgment as to Rents and Profits
May be subject of
an Appeal
Judgment of Partition
If actual partition is made,
judgment shall state:
1. definitely the metes and bounds
2. description of the property
3.particular portion assigned to
Costs and expenses in
each party
the action, and fees of
the commissioners shall
If whole property is assigned to one
be taxed as costs
of the parties, judgment shall state:
1. fact of payment
NOTE: Writ of Execution
2. fact of the assignment of the
may be issued for such
property to one of the parties purpose
If property is sold and confirmed by
the court, judgment shall state:
1. name of the purchaser/s
2. description of property sold to
each purchaser
Registration
A Certified True Copy of the
judgment shall be registered in the
Registry of Deeds where the real
property is situated
Prepared By: Audreylyn D. Gonzales
RULE 70
FORCIBLE ENTRY AND UNLAWFUL DETAINER

Verified Complaint Court Action Summons

Forcible Entry
1. Deprivation of property Verified Answer Fail to Answer
was by reason of force, Dismiss outright:
10 days from service NO DEFAULT
intimidation, threat, strategy 1. Not sufficient in
of summons
or stealth form and substance
Court may, motu proprio
2. Plaintiff was in prior 2. Filed manifestly
Answer shall or on motion, render
possession of the property for delay
include: judgment based on the
3. Questions raised
1. Compulsory complaint and limited to
Unlawful Detainer are too
counter-claim what is prayed therein
1. Defendant unlawfully unsubstantial
2. Cross-claim
withholds property after the 4. Patently without
expiration of the right to merit
hold possession over the 5. Failure to comply Fail to Appear
same, based on contract with Barangay Verified Answer to
whether express or implied Conciliation Compulsory If plaintiff fails to
2. After demand to: counter-claim and appear:
a. pay rent or comply with Cross-claim 1. cause dismissal of his
the conditions of the lease; 10 days from service complaint
and of answer 2. defendant entitled to
b. vacate judgment on his
3. Notice to defendant: counterclaim
a. written notice to person Preliminary 3. all cross-claims shall
found in the premises Conference be dismissed
b. if no person found, by 30 days after last
posting said notice answer is filed If defendant fails to
4. Defendant failed to appear:
comply within: 1. plaintiff entitled to
Land – 15 days judgment based on his
Preliminary Injunction or Order or Record of
Buildings – 5 days complaint and limited to
Preliminary Mandatory PC
what is prayed therein
Injunction 5 days after
Prayer:
5 days from filing of preliminary
1. Restitution of possession NOTE: it does not apply
complaint conference
over the property where two or more
2. Damages defendants are sued
3. Costs under a common cause
Judgment on the Motion Affidavits and
of action and pleaded a
30 days from filing of Position Papers
common defense
motion 10 days from receipt
of order
Prepared By: Audreylyn D. Gonzales
Judgment
30 days after receipt of
affidavits and position
papers or upon expiration
of period for filing the
same
If in favor of plaintiff,
judgment shall contain:
1. Restitution of the
premises
2. Sum justly due as
arrears of:
a. rent
b. reasonable
compensation for use
and occupation
3. Attorney’s fees
4. Costs
If in favor of defendant,
judgment shall contain:
1. Costs
If there be counterclaim:
1. Sum due in arrears
2. Costs
Issue of ownership may be
provisionally resolved to
determine issue of
possession
Additional Affidavits
10 days from receipt of
order
Purpose: Clarify certain
material facts
Judgment
15 days after receipt of
additional affidavits or
upon expiration of period
for filing the same
Immediate Execution
If judgment be against
defendant, execution shall
immediately issue upon
motion, unless:
1. Appeal is perfected
2. Files supersedeas bond
approved by MTC to
answer for:
a. rents
b. damages
c. costs
3. During pendency of
appeal, make deposit of
rent due from time to time
to RTC or authorized gov’t.
depositary bank
Appeal to RTC
Preliminary Mandatory
Injunction
Upon motion, RTC may
issue writ of PMI:
1. Defendant’s appeal is
frivolous or dilatory
2. Plaintiff’s appeal is
prima facie meritorious
Judgment
Judgment of RTC, if made
against the defendant,
shall be immediately
executory without
prejudice to further appeal
NOTE: Execution cannot be
stayed even if supersedeas
bond is filed
Fail to make Payment
from time to time
Appellate court may,
upon motion of plaintiff
and proof of such
failure, order execution
of the judgment with
respect to restoration of
possession, without
prejudice to the appeal
taking its course
Prepared By: Audreylyn D. Gonzales
RULE 71
CONTEMPT

Summary adjudged in contempt Certiorari or Prohibition

Direct Contempt
RTC or a Court of equivalent or higher rank:
Fine not exceeding P2,000 or imprisonment
not exceeding 10 days, or both
To stay execution of judgment, file bond
fixed by court, conditioned that:
a. he will abide or perform the
judgment

Lower Court: NOTE: Appeal is not a remedy

Fine not exceeding P200 or imprisonment not
exceeding 1 day, or both

Verified Petition Comment Judgment

Indirect Contempt Within time fixed by court
RTC or a Court of equivalent or higher
Petition must be Respondent shall be required rank:
accompanied by: to show cause why he should Fine not exceeding P30,000 or
1. supporting particulars not be punished for imprisonment not exceeding6 months, or
2. certified true copies of contempt both
documents or papers
involved therein Lower Court:
Fine not exceeding P5,000 or
NOTE: Requirement for Hearing
imprisonment not exceeding 1 month, or
initiating pleadings in civil both
action must be complied Respondent may file bail in
with amount fixed by court

Writ of execution for

Charge in writing or
Order of court to appear
and explain
(Court motu proprio)
Indirect Contempt
enforcement of fine
Fail to Appear
Court may order:
1. arrest of respondent Appeal
2. forfeiture of the bond (for
damages and costs) Execution of judgment may
3. both be suspended by filing of a
bond

If arose out of or related to the principal action, such fact must be

alleged in the petition

Petition shall be docketed, heard and decided separately, unless

otherwise ordered by the court