Order of fefault vs Defendant in default vs Judgment by defaultIN case of failure to file a responsive pleading within the prescribed period.MOTIONS OR REMEDIES WHICH MAY BE FILED BEFORE FILING OF RESPONSIVE PLEADINGS:I. Motion to declare defendant in default/motion to lift the sameSTEP 1: Declaration in default: (a litigated motion)1. Must be in writing2. Proof of service of summons3. Proof of failure by the defendant party to file the responsive pleadingGen. rule: motion by the partyExc: sec.15, envi law the court may declare defendant in default for failure to file a responsive pleadingEffects of defendant in default1. Loses the right over the trial2. Can be a witness3. Entitled to receive notice, judgments, final orders, resolutions or substantially amended pleadings In case of amended pleading, an order of default on the orig pleading is lifted or superseded by the amended complaintSTEP 2: Order of defaultRemedes before judgment--1. Motion to lift order of defaultRequirements: Affidavit of merit Must be in writing On the ground of extrinsic FAME or meritorious cases (pag meron nito, laging may affidavit of merit) Notice of hearing Motion must be furnished to the other party 3 days before hearing Hearing must be set Proof of service Must be verified (r9, Sec3)Scenario:Order of default is declared by MTC.If motion to lift order of default is denied:MR within 15daysCertiorati R65 to rtc, bec order of default or motion for recon are interlocutory orders so its not appealable under R41. In case of denial of petition for certionarari by RTC, file a MR.In case of denial of MR, may final judgment. So remedy is Appeal under R41 to CA (notice of appeal) bec RTC exercised jurisdiction over denial of Petition for Certiorari. (sa CA at notice of appeal kase RTC in its orig juris hindi appealed from mtc to rtc)Lastly, Remedy is rule 45 in case of denial of appeal under r41.Kinds of Affidavit of merit: 2. Motion to admit answer STEP 3: presentation of evidence ex parte by the plaintiffSTEP 4: judgment by default Based on the prayer or evidence presented by the plaintiff and cannot exceed beyond that. (one sided trial) If the judge awards in excess, that is abuse in discretion. Remedy is R65Remedies in case of judgment by default1. Motion to set aside judgment by default2. New trial (R37, Sec1. Par 1) On the ground of: FAME3. MR because this is a final judgment.If these 3 remedies were denied, remedy is:1. Appeal if it is the speedy adequate remedy. Otherwise, Certiorari R65 with TRO or Injunction(why certiorari is a remedy? Kase plaintiff lang nagpresent ng evidence, pag inappeal sa CA yan, anong rereviewin ng CA?)In case of denial of Certiorari, Appeal is the remedy.NOTE:Failure to file written interrogatories or deposition is a ground for judgment by default (R29, Sec5 relate to R9 and R25)Partial Default in case of multiple defendants, if sumagot yung iba, sumagot yung iba. Remedy of plaintiff is to file a motion for rendition of judgmentIn Small Claims:Defendant may present evidence even without filing a responsive pleading under the rules (kase pag dating nya pwede syang tanungin ng plaintiff kung anong defenses nya and the court has the discretion whether to allow the presentation)Omnibus motion Rule ( Sec1, r9 and sec8,R15) All objections must be raised in the pleading otherwise waive, except:1. Res judicata2. Lack of jurisdiction3. Litis pendencia4. Prescription

II. MOTION TO AMEND AS A MATTER OF RIGHTSupplemental merely supplement the prior allegations in the pleading and always a matter of discretion.

Kinds of Amendments:1. As a matter of right once before filing of responsive pleading2. As a matter of discretion if responsive pleading has been filed3. Amend to confer jurisdiction before filing of responsive pleading4. Amended to conform to evidence issues not raised in the pleading but were tried by the parties expressly or impliedly, the court may amend the pleading. Sec5, R10)5. Substantial amendment if causes of action are changed or it affects substantial right s of the parties in the pleading. 6. Formal amendment mere clerical errorsNOTE: motion to amend as a matter of right may be filed even if there is a motion to dismiss bec it is not a pleading. R10 in relation to r16 in relation to r60) (R60 sec6) Failure to state a cause of action the party may amend the pleading. Amendment is allowed in Summary Proceedings Amendment is allowed in Special proceedings and special civil actions bec R10 is suppletory to said rules Amendment is allowed in small claim casesAmendment as a matter of discretion if denied, Certiorari is the remedy bec motion to amend is an interlocutory order.Note: amended motion is allowed either supplemental or amended motion. In case of supplemental pleadings, if the claim in raised from 100k to 800k, payment of new docket fees is not required bec it is required only in initiatory pleadings Service of summon is not required if the court has acquired jurisdiction already upon amendment PLEADINGS ang inaamendRULE 17 Dismissal of actionsIII. Sec1 (before filing)Sec2 (after filing)Sec3 (failure to prosecute)Notice of dismissal by the plaintiff (sec1) - Before filing of an answer- 2 dismissal rule -(Sec2) Filed after answer has been filed 2 dismissal rule apply If in the answer, may counterclaim, even if the plaintiffs claim is dismissed, the counterclaim is retained.(ec3) R30 TRIALFailure to appear on the date of presentation of evidence in chief With prejudice unless otherwise ordered by court to be without prejudiceFailure to prosecute his action for an unreasonable length of time Without prejudiceFailure to comply with these RULES of any order of the court may dismiss with or without prejudice or be held in contempt under R71IV. SUMMARY JUDGMENT if in the original complaint, there is no issue raised or inloved, you may file a motion for summary judgment Availed of by the defendant against the initiatory pleading.V. Motion to dismiss based on SLAPP (envi law)Quantum of evid: a. Yung nag file ng MD based on SLAPP substantialb. Yung nag file ng MD para mamaintain na hindi SLAPP yun preponderanceVI. INTERVENTION Can be availed of before commencement of the action Motion with leave of court to interveneVII. Bill of particularsVIII. Provisional Remedies At the commencement of the action except replevin, pwede ifile before judgment meaning pwede ifile before filing of responsive pleading. An auxiliary or ancilliary remedy which is available during the pendency of an action. Not an action but an ancilliary meaning it cannot exist without the original actionEx: R19 (intervention) Purpose is to preserve or protect the right of the party or the property during the pendency Brgy conciliation is not required (basis: express provision of katarungan pambarangay) Injunction and replevin may be filed as a provrem or an action. Replevin as an original action, meron nyan valuation so 300/400 appies. Action for injunction is filed before RTC bec it is incapable.

Kinds of ProvRem: 1. Preliminary attachment (R57) the property of the defendant are placed under the constructive custody of the court in order to cover for the payment of claim after judgment Quasi in rem proceeding if an action is coupled with preliminary attachment. (importance: for service of summons and jurisdiction) 3 modes of service is now allowed. [R57 sec1 par6] Mtc/rtc/ca/sc can issue writ of attachment Applicable in envi casesGrounds (r7 sec1)a. Recovery of propertyb. Fraudc. Temporarily outside the phd. Disposing the property with intention to defraud creditorse. _____f. _____2 kinds of attachment;a. Levy or attachment real property is involved. Attachment is annotated at the back of the titleb. Garnishment property in possession of 3rd person. Say, may pera sa bangko bukod sa dollor, pwede igarnish upon serving of notice of garnishment and writ of execution.

How to avail of these attachment? By a verified application and payment of bond plus affidavit of applicant stating the ground relied upon and that there is no other security to satisfy the obligation.Step1: applicationStep2: issuance (may be issued ex parte)Step3: implementation (cannot be issued ex parte)Remedy if attachment is made: Motion to discharge of attachment plus counter bond. (sec12) Motion to quash f there is insufficient bond or impropriety in the issuance (Sec13 R57) or (r39 sec13). If denied, MR. (basis bakit MR: r65 sec4 in relation to R37 kase interlocutory order lang sya therefore not appealable so file certiorati under R65. MR under 37 is applicable only if may final judgment or oder )R9---r10---r57 = May complaint --- may amendment --- may attachment. Yung attachment mawawala kase may amended pleading.

2. Preliminary injunction as amended by (Admin 7712) A writ or process directed to a court of tribunal directing it to do or not to do an act.Kinds: Preliminary prohibitory injunction interlocutory so not appealablePreliminary mandatory injuction - interlocutoryPermanent final judgment so appealableGrounds: (sec3, R58) How to apply: Motion, bond, verified Motion and hearing are required. Exparte is not allowed. TRO = provrem in provrem ordering the party t restrain performance of an act for 20days. Here, hearing ex parte is allowed. BUT, if the ground is for extreme emergency, 72hrs to have a summary hearing on whether the 17days left will be allowed. In envi law, TEPO is same as this, 72hrs din. Status quo order = is an order upon motion by the party to the court in order to place the party in the original status. Effective during the pendency of the action. Purpose is to maintain last actual, peaceable, uncontested condition of the parties preceding the action. Doctrine of Strong arm of equity = injuction can only be issued if it is equitable and will not cause damage or injury to the parties. R65 sec7 if you want to stop the proceedings below after you file a petition for certiorari. Why? Bec. The mere filing of the petition will not stop the proceedings as a general rule. R70 sec15 and sec20 injunction is present (prohibitory and mandatory injunction) SB/CA/RTC/MTC may issue injunction R58 is applicable suppletorily to R127Instances where injunction will not lie: If the act to be restraint has already been performed In case of criminal prosecution except the 11 exceptions under crimpro. (broca vs enrile) Preliminary investigation Growing labor dispute under art264 of Labor code Govt. infrastructure project Actions for enforcement of envi law except SC Extra judicial foreclosure of mortgage In doctrine of non-interference, injunction will not life to retrain co-equal court.

3. Receivership to preserve the property during the pendency of the action. 3rd person is appointed to preserve. Grant of this remedy is allowed only if it is necessary. (discretionary) During the pendency of receivership, execution of judgment in labor cases is not allowed.Grounds: How to apply? Verified application At the commencement of the action or before judgment, bond by the applicant and receiver4. Replevin recovery of possession of personal property. It is an exercise of courts discretion May be commenced at the filiing of the action or at any time before judgmentHow to apply? Verified application, bond double the amount. Remedy of other party is to file a bond double the amount also.Attachment vs replevin

5. Support pendente lite at the commencement or during the pendency before judgment. FC has jurisdiction or rtc if there is no FC assigned. Applicable not only to married parties but also to those who has a child out of wedlock. If ayaw magbayad, remedy is r39 (writ of execution) or R71 (contempt) provided may ibabayad. If nabayaran na tapos dip ala liable, what is paid as support pendent lite may be reverted back thru restitution. Available in criminal cases, in case of rape at nagka anak, may support pendent lite

6. Environmental protection orders under envil law7. TPO/WRO/Production orders/inspection orders in writ of amparo8. Production and inspection is Habeas Data9. VAW-C brgy protection or temporary protection order10. Hold order departure in criminal cases issued by the RTC or if not within the jurisdiction of the RTC, DOJ issues.Kinds of pleading:What is an Answer? A responsive pleading.Content: specifc denial and defenses of the defendant. All initiatory pleadings require answer, otherwise there is default.Kinds of defenses:1. Affirmative2. Negative how? By denials.Kinds of denials:a. Absolute b. Partial c. Disavowal of knowledgeCounterclaim - Permissive and compulsoryCross-claimCounter-crossclaim Counter counter-claimPeriod to file pleadings: R11 (10, 15, 30, 60)10 summary and small claims15 normal or regular30 foreign juridical entities60 publicationWhen to file responsive pleading if motion to dismiss is denied? within the balance left under rule 11 but in no case shall be less than 5 days.REMEDIES AFTER FILING OF THE ANSWER:1. Judgment on the pleading R34 if it does not raise an issue. Plaintiff can only file this motion.35 vs 34Summary judgment based on the affidavits and deposition which does not raise an issue34 34- comply with the 3 day notice rule35- comply with 10 day notice rule

2. Filing of reply Responsive pleading the purpose of which is to deny the allegations in the responsive pleading Within 10 days3. Filing of supplemental answerPRE-TRIAL CONFERENCE: - after the period to file all pleadings, or the pleading have already been filed: Ex parte motion to move for trial Purpose: amicable settlement, stipulation of facts, what is to be admitted, amendment of the pleadings, naming of the witnesses to be presented, marking of the evidence Appearance: doctrine of non-suited = failure to appear in the pre-trial is with prejudice. Dismissal of the action does not dismiss the counterclaim If dismissal is silent as to whether it is with or without prejudice, adopt the rule. So with prejudice. No default in pre-trialJudicial affidavit rule parties are required to submit judicial affidavit of witness within 5 days before the date of pre-trial conference. Failure to submit, such witness cannot be presented plus payment of fine 1-1k pesos. NOT APPLICABLE IN SMALL CLAIM CASES.Failure of the party to present evidence:Scenario: 4 scenariosPurpose of scenarios: to know the remedies1. MR on the order allowing the presentation of evidence ex parte. In case of denial, R65 bec it is an interlocutory order.2. MR within 15days with prayer of setting aside the presentation of evidence ex parte, denial, R65.3. Judgment which is not yet final and executory bec of failure to appear in the pre-trial, MNT or MR. if denied, R65 plus TRO injunction. Because one sided trial ito.4. Judgment which is final and executory based on failure to appear by the defendant in the pre trial., a. (R38, if denied, R65); b. (R47, if denied, R65) and c. (R65, if denied, R41)Pre-trial in civil cases (r18) Motion ex parte Period: Purpose Required Failure to appear Admission must be signed by parties and counsel Mediation and conciliation is part of pre-trial Judicial dispute resolution upon agreement of the parties, it may be referred to JDR.An informal proceedings by the parties and judge convincing to enter into amicable settlement. If the parties arrive to compromise, it must be executed. If not, same court may conduct the pre-trial if agreed by the parties or sent to executive judge and raffled to another court. Parties are required to submit their pre-trial brief 3 days before the date of pre-trial conferenceNOTE: is a pre-trial brief a pleading? NO. because it does not contain claims and defenses. It only narrates claims and defenses.

Pre trial in criminal (r118) No motion for ex parte After arraignment within 30 days Purpose: no amicable settlement exc in civil aspect Not required Failure to appear, party can be held liable Need not be signedAfter pre-trial conference, Pre-trial order is issued. It can be modified within 15days, otherwise final.MOST IMPORTANT WITNESS RULE the examination of the witness will be terminated in 1 day including direct, redirect, cross and recross. (amendment in r18 and r119). Pre trial vs preliminary conference1. Prelim conference in MTC is summary in nature. Thus, no filing of pre-trial unless the court warrants.R18 vs r48 (pre trial vs Prelim conference in Appellate courts)What if motion for ex parte is not filed? (sec1 R18) = failure to prosecute

Remedies before pre-trial or during pre-trial or before trial or after trial (until final termination of the case)1. Modes of discovery Generally, should be resorted to before trial but if can also be resorted to during trial. A scheme or device to acquire knowledge A fishing expedition Purpose: to illicit material relevant facts of the adverse parties, to abbreviate proceedings, to determine false or sham or fraudulent claims/defensesKinds:1. Deposition before or pending action (r23) It is a testimony of a person or party to the case Kinds of depositions: Deposition pending action Deposition before actionWho may take deposition? If w/in the phil: Judges, notary public, or officers authorized to administer oath upon the agreement of the partiesIf abroad: consular agents, consul, vice consul, sec of immigration Letter Nugatory = motion to take the deposition (find the grounds) Testimony from prior proceedings is an exception to hearsay evidence in case the opponent dies. It may be used as an evidence. (sec37 R130) Availed of after service of summons, file a motion to take deposition may be made. Taking of deposition (r132 sec3-18) may be Oral examination or Written interrogatories or Video (sec 27, Rule on child witness rule): ORAL = a trial type taking of testimony; WRITTEN = deposition by written interrogatories, submit a direct interrogatories then give a copy to the adverse party. The latter may submit a cross direct interrogatories.

2. Deposition action action (r24) if a person anticipates that the case will go further, he may take depositions of persons or of himself. Limitations in taking of depositions: a. privilege communications (R130, sec24)b. Impeachment of adverse parties witness (R132, sec11 and sec13 in relation to sec4, r23) or a.k.a. preying the predicate contradicting the testimony of the witness of the adverse party.3. Interrogatories to parties (R25) for purposed of eliciting material relevant facts. Submitted before the court directly. Answer may be filed. Otherwise, judgment by defaultLiminations: Privilege communication (sec24, r130)4. Production and inspection of documents and things (R26) 2 modes of discovery: a. production of documents and b. inspection of premisesPurpose: to photocopy, to know the contents of the document in order to know the evidence to be presented. May be used as a mode of discovery or for ocular inspectionLimitation: those privileged in character. (sec1 R27 in relation to Sec24 R130)Mental or Physical examination: example: juan enters into a contract but found to be insane. R27 may be used to perform mental examination. 5. R276. R287. Penalty (R29) penalty imposed for non compliance with the order in mode of discoveryNOTE: these modes are applicable in Envi cases or when there is no provision in special laws suppletory in character. In criminal cases, may sariling provision for modes of discovery sa crimpro so din na suppletory to.

TRIAL: (R30) Proceedings in which the court will investigate the evidence in chief and ends with oral arguments of the parties. Presentation of evidence until resolved. Hearing broader in scope and includes trial. Pre trial conference is a hearing but not a trial bec it is limited to the presentation of evidence. As long as there is a factual issue to be determined which requires presentation of evidence, trial is necessary. Order of trial in civil action: Civil (Rule 30); crim (R119)KINDS OF TRIAL:a. Regularb. Invertedc. Trial by commissionerd. Trial in absentiae. Public trialf. Speedy trialFiling of memorandum: NOT A PLEADING. Summary decision of claims and defenses of the parties. Direct examination R130, sec5Demurrer to evidence filed after the plaintiff has rested his case not before based on insufficiency of evidence. Available only before the trial court Appellate court cannot grant this Nature: a litigated motion. In case of denial, defendant will present evidence. R33 as against sec23, R119 R33 upon motion of the party May be filed with or without prejudce If motion is granded,R 119 Motu proprio If motion is granted, no more appealCivpro re-opening is based on equity while in crimpro, there is an express provision Judgment final determination of the basic rights of the parties (Rule 36)Constitutional req of a valid judgment: Sec14, Art8 = no court shall render a decision without stating clearly and distinctly the facts and the law on which it is based.Procedural req: In writing Personally prepared by the judge State clearly and distinctly the facts and law on which it is based Must be recorded in the book of entry of judgmentKinds of judgment:Judgment on he merits based on evid and issues of the caseFinal judgment disposes the action in its entirety and determine the rights of the partiesFinal and executory the period to appeal has already elapse. It is subj to executionSummary judgment rendered based on admission, evid, affidavits when there is no genuine issue Judgment on the pleadings based on the allegations on the pleading which does not post an issue Judgment on the compromise based on the compromise agreement of the partiesSpecial judgment judgment other than payment of money or delivery of a thingJudgment upon confession based on the admission of the liability of the person making the sameJudgment which is immediately executor must be executed immediately by the courtSeparate judgment to determine the every rght of the party in the actionRendition off judgment - actual announcing of the judgmentEntry of judgment act of the clerk of court in recording the judgment of the court in the record of entriesClarificatory judgment judgment which is difficult to comply may be subj to clarification by the court. (post judgment remedies)After judgment before finality; remediesImmutability of judgment a judgment which has already been rendered cannt be altered except clerical errors and nunc pro tunc (now for then) judgment.Immediaely executor judgments: ----1. MR (R52 in relation to R37)Ground: damages is excessive; judgment is not supported by lawSEC4, r65 In case of MR for CPM.Period to file MR and MNT: 15days If denied: fresh period to appeal, 15 days or 30 days.Effect of filing MR or MNT: toll the running of prescriptive period of appeal provided, it must comply with the provisions of sec4-6, R15. Because MR and MNT is a litigated motion. Failure to comply with R15, I becomes pro-forma, thus it will not toll the period.Under summary pro and small claims cases: (Sec19) MR or MNT against a judgment is a prohibited motion. The remedy is to file an appeal. However, MR against interlocutory order is allowed bec it does not disposes of the case in its entirety.Effect of granting MR or MNT: judgment is deemed vacated or set aside.If MR is denied, the subj of appeal is the judgment or order.2. Motion for NT (R37, sec1) (trial de novo)- filed upon perfection of appeal- applicable only to final judgments or orders- applicable only to trial courts- Rule 52 and 53 are used in appellate courts for MNT If 53, isa lang ang ground (newly discovered evid which cannot be produced in court despite due diligence); used in appellate courts37 used in trial courtsGrounds: FAME or Newly discovered evidenceRequirements:1. verified motion accompanied by affidavit of merit2. sec 4-6 of Rule 15 must be complied with

3.Appeal (r40-45)- only final judgments or orders lang ang pwede i-appeal. - period of perfecting is jurisdictional in characterAppeal from mtc to rtc (rule 40)1. notice of appeal (ordinary appeal) by filing within 15days from notice of judgment plus payment of appeal docket and lawful fees. Deemed perfected upon filing of notice of appeal within 15 days then the clerk of court will transmit the case from mtc to rtc. If not yet transmitted, residual power is available to mtc. Order of preservation of rights of the parties R1352. Record on appeal - Under specpro or involves multiple appeal an payment of docket or lawful fees. Deemed perfected upon approval of the record on appeal. (30 days)In case of Habeas corpus cases, the filing of appeal must be made within 48hrs.Ex. Of multiple appeals: in case of partition, the determination of partition, the order issued is appealable. The judgment of partition is also appealable.

Appeal from rtc to ca if exercising orig jurisdiction (Rule 41) By way of notice or record on appeal. Appeal from quasi judicial parties to CA (r43) Petition for review under 42 (within 15days) Remedy in case of Res. Of OM under admin cases NLRC decision if by way of R65 not R43 because after the denial of the MR of the judgment or decision of the NLRC, it becomes final and executor after the lapse of 10days and no more remedy is available. Thus, R65. Sec. of labor decisions, remedy is R65 in the CA, if denied, R45.Appeal from cta and sb or rtc on purely questions of law (rule 45) PFR on certiorari within 15days on the ground of purely questions of law. (issue brought before the sc as to which law shall apply to the given facts)Exceptions: a. If the findings of facts of lower courts are conflictingb. In action for writ of amparo, there is a factual findings here.c. Writ of habeas data/kalikasan/continuing mandamusd. Grave abuse of discretion committed by the trial court Period to appeal is 15days. Except in data/amparo the period is 5 working days. In kalikasan and continuing mandamus, 15 days. Appeal from the RTC to the CA is by way of Rue 42 within 15days in cases of intellectual property cases, unfair competition, copyright violation.Appeal from mtc umakyat sa rtc, then rtc is exercising appellate jurisdiction umakyat sa CA (rule 42)- petition for review 15days from notice of judgment or notice denying MR or MNTAppeal from mtc umakyat sa rtc, then rtc is exercising appellate jurisdiction umakyat sa CA then umakyat sa SC (rule 45) PFR on certiorari

R45 vs r65R45 is a mode of appeal. It is a continuation of the proceedings below.R65 is a mode of review. Limited.R45 is filed only to the SCR65 may be filed to SC, CA, CTA, SB, RTC, shariaR45 ground is question of lawR65 ground is grave abuse of discretion R45 appeal is 15daysR65 appeal is 60days from notice of judgments, or orders denying the MR and MNTR45 parties are the plaintiff/respondentR65 parties are the respondent and the court/tribunalCR 1:05 1:074. Reopening - not available in sum pro (sec19)- in case of judgments in small claims cases, Rule 65 Is the remedy. MR is prohibited.After Finality: (remedies) 37 or38 if MR/MNT is no longer available. Petition for relief from judgment Petition for annulment of judgment R65 Collateral attackRule 38: Petition from relief from judgment Can be filed within 60 days not exceeding 6 months from entry of judgment on the ground of FAME. Against a final judgment, orders or even proceedings. Filed in the court of origin where the case was decided. Failure to file an appeal on the ground of FAME, R38 is available. NOTE: Effects of judgment for granting the petition for relief: deemed vacated. If asking for appeal, not yet final is the effect. Not available under Small claims and summpro. A prohibited petition. Also in labor cases.Petition for annulment of judgment (R47) Filed in the RTC or CA, original in character. (sec9, bp129 or Rule 47)Grounds: 1. Extrinsic fraud2. Lack of jurisdiction over the subj matter3. Lack of jurisdiction over the person of the defending party4. Lack of due processEffect: deemed vacated.If denied, the remedy is R65. TRO may be applied. Available only if petition for relief, MR or MNT are no longer available.Collateral attack subsequent filing of an action attacking collaterally/indirectly the findings and judgments of the court. SPECIAL CIVIL ACTIONS Extra ordinary remedies governed primarily by Civpro and special rules.Kinds: (62-71)InterpleaderInterpleader vs intervention Intervention is merely ancillary and the one filing has a legal interest over the action while in interpleader, it is an original separate action and the one filing has no legal interest. In intervention, remedy is by motion for leave of court, in 62, by filing a complaint in court. R19 is denied, the remedy is appeal of file a separate interest while in R62 the only remedy is appeal. Court that has jurisdiction depends on whether real/personal. Declaratory relief By way of declaratory reliefPurpose: for construction and validity of R63. Jurisdiction: RTC bec the subj matter is incapable of pecuniary estimation By way of reformation of instrument= if there is an ambiguity or imperfections or mistake in the written agreement or the true intention of the parties does not reflect.= subj is the changing of agreement, thus incapable. RTc has jurisdiction Removal of clouds= flaw in the title of the real property Consolidation of ownership= example Is an action which the subj is incapable of pecuniary estimation. Review of judgments or final orders of COMELEC or COA Review to SC within 30days under R65. R64 vs R65Office involved: R64 Comelec coa; R65 Court, tribunal exercising judicial and quasi judicial functionsPeriod: R64 60 days SC; R65 60days higher court.MR: depends if there is a specific rule: R65 MR is a condition precedentCPM (rule 65)Certiorari - To annul the judgments or final orders proceedings Limited form of review from the judgment or order of courts or tribunals excercising judicial and quasi judicial function. Hierarchy of courts apply. except in special and compelling reasons. Grounds:a. Grave abuse of discretionb. Lack of jurisdiction on the part of the prosecution or in excess of jurisdictionc. Interlocutory order d. No appeal, speedy adequate and plain remedyMaterial dates rule: - must be stated in the body of the petition. Otherwise, denied. Date of the receipt of the subject order, resolution or final orders. Date of the filing of the MR or MNT Date of the notice or receipt of the order denying the MR or MNT

Prohibition - to prohibit further proceedingsMandamus ministerialQuo warranto (r66) Usurpation of public office or an entity without legal personality. Dissolution of corporation Applicable to SC, CA, SB, RTC In its original jurisdiction If filed by the SolGen, it should be filed in the RTC of Manila.

Expropriation proceedings (R67) Subject matter is the right of the state to take private property upon just compensation and not the real property itself. Thus, incapable and RTC has jurisdiction. MR is a prohibited motion here. Instead, file an answer within the period prescribe and allege the affirmative defenses.Process: 1. Payment of just compensation; 2.for public use; If made by local government, ordinance is required. Value is based on the assessed value but if it is intended for govt or national infrastructure, the basis is the sonal valuation. Foreclosure of real estate mortgage (R68) Real property involving interest and with assessed value where the property is located. Quasi in rem, personal or real, so the service of summon is personal, substituted or publication. appealable by ordinary appeal. Mortgagor who died under Rule 86 sec8 is related. 1. Mortgagee may abandon his mortgage and participate in the general distribution of the property of the decedent2. Foreclosure and file for deficiency claim3. Wait for the foreclosure R68 is related to R63 and R69(b)Partition (R69) Quasi in rem, personal or real or mixed. RTC or mtc has jurisdiction depending on the value involved. 2 stages:1. Determination of co-ownership2. Determination of actual or right to partitionOne is an order and the other one is a judgment. Thus, both appealable and involve multiple appeal. Personal properties may be subj of partition thus, 300/400 applies. R69 correlate to R74 sec1.Unlawful detainer/forcible entry (Rule 70) Issue is the right of possession. There can be a resolution of ownership Mtc Nature of action is real property. In personam, binding between defendant and plaintiff. Governed by rules on sum pro. Demand to vacate AND pay rentals or compensation for use of premises is a jurisdictional requirement or a condition precedent. (both must be present) UD, no prior physical possession; in FE, there must be. How to stay judgment in UD/FE----- 2 injuncions: 15 and 20. Preliminary andContempt (R71)6 kinds: (RoC and jurisprudence 2011) Direct act or behavior which is offensive in court. Remedy is appeal under sec2 r71.Indirect failure to follow the order of the court. Out of court committed outsideIn court within the proceedingsCivil Criminal contempt against the integrity of the courtIn reboso vs reboso, Quasi judicial bodies, look if there is a law giving the quasi judicial bodies the power to cite a person in contempt, NIRC and labor arbiter has the power. otherwise, RTC.Petition for writ of kalikasanPetition for writ of continuing mandamusLimitations in availment of SCA: Cannot be joined with ordinary civil actions

Execution: Rule 39As a matter right: within 5yrs from entry of judgment by way of motion. In case of denial, correctible by mandamus. In case of motion and an oder, it is not appealable.As a matter of discretion: By revival of judgment: beyond 5yrs by filing another action or petition with the court who rendered the judgment to revive the same. It can be enforced by way of motion within the period of 5yrs. How to make an execution:By Levy: writ of execution must be annotated at the back of the titleBy Garnishment: taking of property for the possession of a 3rd person. Terceria or third party claim by way of filing a 3rd party claim with the sheriff and the court will determine your claim. Filed by a person who is not a party in the action and the property is in his possession.Grounds for motion to quash