Posted by: Elmer Brabante | October 1, 2009

Remedial Law Reviewer: Special Civil Actions


SPECIAL CIVIL ACTIONS (RULES 62-71)

 

Interpleader (Rule 62) – A person who has property in his possession or an obligation to render, wholly or partially without claiming any right therein, or an interest in which in whole or in part is not disputed by the claimants, comes to court and asks that the persons who consider themselves entitled to demand compliance with the obligation be required to litigate among themselves in order to determine finally who is entitled to the same. 

Declaratory Relief and Similar Remedies (Rule 63) – An action brought for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to consolidate ownership. 

To register his title to real property bought with a right of redemption, the buyer must file an action for declaratory relief. cf Art. 1607 and 1616 NCC

Art. 1607. In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. (n)

Art. 1616. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition:

(1) The expenses of the contract, and any other legitimate payments made by reason of the sale;

(2) The necessary and useful expenses made on the thing sold. 

Grounds for the court to refuse to exercise declaratory relief

  1. a decision would not terminate the uncertainty or controversy which gave rise to the action;
  2. the declaration or construction is not necessary and proper under the circumstances.

 

Certiorari, Prohibition and Mandamus (Rule 65) 

without jurisdiction – no jurisdiction from the beginning; absolute want of jurisdiction

in excess of jurisdiction – transcended the limits of authority without any statutory authority

grave abuse of discretion – exercised its power in an arbitrary or despotic manner by reason of passion or personal hostilities; so patent and gross as to amount to an evasion or virtual refusal to perform the duty enjoined or to act in contemplation of law

 

Purposes of a writ of

Certiorari – to correct errors of jurisdiction; refers to only to judicial or quasi-judicial functions

Prohibition – to prevent respondent from usurping a jurisdiction which it is not legally vested; refers to judicial, quasi-judicial, or ministerial functions

Mandamus – to require or compel the respondent to perform a particular duty, which duty results from the official station of the respondent, or from operation of law; refers only to ministerial duties

 

Certiorari

Prohibition

Mandamus

Directed against a person exercising to judicial or quasi-judicial functions Directed against a person exercising judicial or quasi-judicial functions, or ministerial functions Directed against a person exercising ministerial duties
Object is to correct Object is to prevent Object is to compel
Purpose is to annul or modify the proceedings Purpose is to stop the proceedings Purpose is to compel performance of the act required and to collect damages
Person or entity must have acted without or in excess of jurisdiction, or with grave abuse of discretion Person or entity must have acted without or in excess of jurisdiction, or with grave abuse of discretion Person must have neglected a ministerial duty or excluded another from a right or office

 

Prohibition

Injunction

Always the main action May be the main action or just a provisional remedy
Directed against a court, a tribunal exercising judicial or quasi-judicial functions Directed against a party
Ground must be the court acted without or in excess of jurisdiction Does not involve a question of jurisdiction

 

Prohibition

Mandamus

To prevent an act by a respondent To compen an act desired
May be directed against entities exercising judicial or quasi-judicial, or ministerial functions May be directed against judicial and non-judicial entities
Extends to discretionary functions Extends only to ministerial functions

 

Mandamus

Quo warranto

Clarifies legal duties, not legal titles Clarifies who has legal title to the office, or franchise
Respondent, without claiming any right to the office, excludes the petitioner Respondent usurps the office

 

Certiorari as a Mode of Appeal (Rule 45)

Certiorari as a Special Civil Action (Rule 65)

only questions of law may be raised

question of whether the lower court acted without or in excess of jurisdiction or with grave abuse of discretion

involves review of judgments, awards, or final orders

may be directed against an interlocutory order of the court or where not appeal or plain or speedy remedy available in the ordinary course of law

filed within 15 days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner’s MNT or MfR; the SC may for justifiable reasons grant an extension of 30 days

filed within 60 days from notice of the judgment, order or resolution

stays execution of the judgment, award or order appealed from

Execution is not stayed unless a TRO or a writ of PI has been issued

lower courts or judges thereof are not impleaded

the lower court or judge is impleaded as a public respondent

Prior MfR not required

MfR is a condition precedent, subject to exceptions

appellate jurisdiction is invoked

original jurisdiction is invoked; SC exercises its power of control and supervision over proceedings of the lower court

de Leon: Exension of 30 days may be granted for justifiable reasons

de Leon: Extension of 15 days may be granted for compelling reasons

de Leon: Filed with only the SC

de Leon: May be filed in all courts of general jurisdiction
de Leon: SC may deny the decision motu propio

 

 

Grounds for the court to motu propio dismiss the special civil action for CPM

  1. patently without merit
  2. prosecuted manifestly for delay, or
  3. the questions raised therein are too unsubstantial to require consideration.

 

Quo Warranto (Rule 66)

 

Quo Warranto – a demand made by the state upon some individual or corporation to show by what right they exercise some franchise or privilege appertaining to the State which according to the Constitution or the laws of the land, they can not legally exercise by virtue of a grant or authority from the State

 

Quo Warranto

Mandamus

Remedy to try an office or franchise and to oust the holder from enjoyment To clear legal duties, not disputed titles
There is usurpation or intrusion into an office by the respondent Respondent need not claim right to an office but excludes petitioner therefrom

 

Quo Warranto

Election Contest

Disputes relates to the eligibility of the candidate elect Dispute refers to irregularities in the conduct of election
Respondent ousted but petitioner does not always assume office Successful protestant wil assume office if he had plurality of valid votes

 

Quo Warranto in Elective Offices

Quo Warranto in Appointive Offices

Issue is eligibility of the respondent Issue is the validity of the appointment
Petitioner does not seek replace respondent Petitioner seeks to replace repondent

 

Forcible Entry and Unlawful Detainer (Rule 70) 

General procedure in ejectment cases

  1. Verified complaint filed with the MTC within 1 year from unlawful deprivation or withholding of possession
  2. Answer within 10 days from receipt of summons
  3. Preliminary conference within 30 days from answer
  4. Court issues preliminary conference order with 5 days.
  5. Parties submit affidavits of witnesses, other evidences and position papers within 10 days from receipt of preliminary conference order
  6. Court renders judgment within 30 days from receipt of affidavits and position papers.

 

Prohibited pleadings and motions

1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, or failure to comply with section 12;

2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;

4. Petition for relief from judgment;

5. Motion for extension of time to file pleadings, affidavits or any other paper;

6. Memoranda;

7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;

8. Motion to declare the defendant in default;

9. Dilatory motions for postponement;

10. Reply;

11. Third-party complaints;

12. Interventions

 

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