SYLLABUS IN CIVIL PROCEDURE II

By Judge Rechie N. Ramos-Malabanan

I. Appeals
 General principles
 Judgments which are appealable and those which are not -
Remedy if not appealable
Remedy against an Order of Execution
Issues which may be and may not be raised on appeal
Liberal construction on payment of docket fees
Record on appeal; notice on appeal
- Dismissal of an appeal or withdrawal of appeal
a) Appeal from the Municipal Trial Courts to the Regional Trial Courts (Rule 40)
Where, when, and how to file
- Perfection of an appeal
b) Appeal from the Regional Trial Courts to the Court of Appeals (Rule 41)
 Modes of appeal
 Application of Rule 41 on ordinary appeal
 Residual jurisdiction
1. Petition for Review from the Regional Trial Courts to the Court of Appeals (Rule 42)
2. Appeal by Certiorari to the Supreme Court or Petition for Review on Certiorari (Rule 45)
Provisional remedies
Not a matter of right
Factual-Issue-Bar Rule
- Issues of fact which cannot be raised
Distinction between Certiorari under Rule 45 and Rule 65
When a Petition under Rule 65 is treated under Rule 45
e) Other Appeals/Reviews
-Appeals from Quasi-Judicial Bodies (Rule 43)
Decision not stayed by filing of the petition
- Appeals from Sandiganbayan, CTA, CS, COMELEC, COA, OP
f) Mode of Appeal to the Supreme Court
II. After Finality of the Judgment
1) Petition for Relief from Judgments Orders or Other Proceedings (Rule 38)
-Grounds
2) Annulments of Judgments, Final Orders, or Resolutions (Rule 47)
-
Grounds
- Remedy if judgment was already executed
3) Certiorari (Rule 65)
Nature of the remedy
Judicial discretion
Requirement of a motion for reconsideration; exceptions Material Data Rule
Interruption on the main case
 Certiorari under the Constitution and the Rules of Court; Expanded concepts of certiorari and prohibition in
relation to the power of judicial review
 Vis a vis Declatory Relief
4) Collateral Attack of Judgments
- Direct Attack vs. Collateral Attack
III.
Execution and Satisfaction of Judgments (Rule 39)
1. Meaning
2. When it shall issue
3. Where filed
4. Applicability of Appeal
5. Lifetime of a writ of execution
F.
Quashal of a writ of execution
1. Revival of Judgment
2. Stay of judgments; exceptions
IV. Provisional Remedies (Rules 57 to 61)
Nature of provisional remedies
- Purpose of provisional remedies
A. Preliminary Attachment (Rule 57)
 Grounds for issuance of preliminary attachment
 Requisites; issuance and contents of order of attachment; affidavit and bond
 Purpose of ex parte issuance of writ of attachment
 Rule on prior or contemporaneous service of summons
 Manner of attaching real and personal property; when property attached is claimed by third person
 Discharge of attachment and the counter-bond
 Purpose of counter-bond
 Satisfaction of judgment out of property attached
B. Preliminary Injunction (Rule 58)
 Definitions and differences: preliminary injunction, temporary restraining order, and status quo ante order
 Requisites of preliminary injunction
 Kinds of injunction
 When writ may issue
 Grounds for issuance of preliminary injunction
 Purpose of injunction
 When preliminary injunction improper
 When can a temporary restraining order issue
 Requisites of temporary restraining order
 Period of effectivity of temporary restraining order
 Limitations on the issuance of a temporary restraining order or injunction
C. Receivership (Rule 59)
 Purpose
 Cases when receiver may be appointed
 Nature of the duty of a receiver; general powers of a receiver
 Requirements before issuance of an order or receivership
 Kinds of bond
 Termination of receivership
D.
Replevin (Rule 60)
- Nature of replevin
 When may writ issue/requisites
 Affidavit and bond; redelivery bond
 Remedy of adverse party
 Sheriff's duty in the implementation of the writ; when property is claimed by third party
 Rule in case writ was issued in favor of the Republic: bond not required
E. Support Pendente Lite (Rule 61)
Nature
Who may file
Procedure for application
- Enforcement and restitution
V.
Special Civil Actions (Rules 62 to 71)
Nature of civil actions; purposes
o Kinds of civil actions
 Ordinary civil actions versus special civil actions
A. Interpleader (Rule 62)
- Requisites
-When to file
 Limitations in filing of Interpleader
 Inchoate right not a basis for Interpleader
B. Declaratory Reliefs and Similar Remedies (Rule 63)
Declaratory relief not within the original jurisdiction of the Supreme Court
- Who may file action
Requisites of action for Declaratory Relief Declaratory relief treated as Prohibition Declaratory relief treated as
Mandamus
When court may refuse to make judicial declaration
C. Proceedings considered as similar remedies
1. Action for Reformation of Instrument
2. Quieting of Title
3. Consolidation of Ownership
1. Review of judgments and final orders or resolution of the COMELEC and COA
(Rule 64)
2. Certiorari, Prohibition, and Mandamus (Rule 65)
1. Certiorari
Function of writ of certiorari
Requisites for certiorari
Petition for certiorari distinguished from appeal by certiorari
Rule 65 not a remedy for lost appeal
Certiorari involving actions/omissions of MTC/RTC in election cases shall be filed exclusively with
COMELEC
2. Prohibition
Purpose and function
Requisites for prohibition
Premature resort thereto
3)
Mandamus
Nature and purpose
Prayer
Requisites
When not available
 Writ of Continuing Mandamus
 Writ of Kalikasan
F. Quo Warranto (Rule 66)
 Nature and purpose
 Jurisdiction and venue
Form and parties thereto
 Period to file
G. Expropriation (Rule 67)
 Two (2) stages in action for expropriation
 When plaintiff can immediately enter into possession of the real property in relation to R.A. No. 8974
 Defenses and objections
 Ascertainment of just compensation
 Appointment of commissioners; commissioners' report; court action upon commissioners' report
 Remedy of unpaid owner
H. Foreclosure of Real Estate Mortgage (Rule 68)
 When proper
 Dragnet Clause or Blanket Mortgage Clause
 Alternative Remedies of the Creditor
 Modes of Foreclosure: Judicial and Extrajudicial
I. Partition (Rule 69)
 Prescription of action; effect
 Modes of partition
 Stages and/or phases
 Who are indispensable parties to partition
 Matters to allege in the complaint for partition
 Effects of judgment of partition
J. Forcible Entry and Unlawful Detainer (Rule 70)
- Definitions and distinctions of forcible entry and unlawful detainer
When demand is necessary
Nature of the proceedings (Summary Procedure; prohibited pleadings)
Issue of ownership merely incidental
Appeals
-How to stay immediate execution of judgment
K. Contempt (Rule 71)
- Kinds of contempt (Direct and Indirect)
How contempt proceedings are commenced
Where to file
Penalties and remedies against direct and indirect contempt
Contempt against quasi-judicial bodies