sca tsn rules 62-66.docx

8/14/2019 SCA TSN Rules 62-66.docx

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We have 10 Special Civil Actions, namely:

1. Interpleader (Rule 62)2. Declaratory Relief (Rule 63)3. Review of Judgments and Final Orders of the

COMELEC and COA (Rule 64)4. Certiorari, Prohibition and Mandamus (Rule 65)5. Quo Warranto (Rule 66)6. Expropriation (Rule 67)

7. Foreclosure of Real Estate Mortgage (Rule 68)8. Partition (Rule 69)9. Forcible Entry and Unlawful Detainer (Rule 70)10. Contempt (Rule 71)

RULE 62 INTERPLEADER

This is a kind of remedy available to a person whopossesses personal or real property or has anobligation to render, wholly or partially, withoutclaiming any right thereto, and that person will go to

court and ask that the contending claimants to thepersonal or real property or those entitled to demandcompliance with the obligation would be required tolitigate among themselves to determine finally who isentitle to the property.

So this is where there are 2 persons claimingproperty, whether personal or real property, orclaiming entitlement to the satisfaction of anobligation.

Who should file it?

Any person in possession of personal or realproperty, or who has an obligation (so a debtor) torender wholly or partially without claiming any rightthereto.

Purpose of Interpleader

The purpose of interpleader is to afford protectionagainst double vexation in respect to ones liability.

Because there are 2 persons claimingthe purpose

of interpleader is that there would be no doublepayment or compliance or satisfaction of theobligation simply because there are 2 contendingclaimants. And that is why you have to go to court inorder for the court to determine who is entitled to theproperty or to the satisfaction of the obligation.

When is it proper?

Whenever conflicting claims upon the same subjectmatter are or may be made against the person who

claims no interest whatsoever in the subject matteror interest which, in whole or in part, is not disputedby the claimants.

That person will have to bring an action against theconflicting claimants to compel them to pleadinterplead and litigate there separate claims amongthemselves.

What are the requisites?

1. Plaintiff must have no interest in the subjecmatter or the claim is not disputed

2. There must be at least 2 or more conflictingclaimants against the same subject matter

3. The parties to the interpleader must makeeffective claims

4. The subject matter must be one and thesame

When do you file it?

Within a reasonable time after the dispute has arisenor without awaiting to be sued by one of thecontending parties. As soon as you are confrontedwith conflicting claims, you can go ahead and file acase in court.

Otherwise, it will be barred by laches or undue delayOr if a judgment has already been obtained by oneclaimant, then the plaintiff in an action fointerpleader becomes liable to the latter.

The rule here is for as long as you have not yet beenmade liable for the performance of an obligation orfor the delivery of the real or personal property, thenyou can still file an action for interpleader.

It does not become available to a person who hasbecome independently liable to any one of theclaimants by virtue of a judgment. So if there isalready a judgment, then, intepleader is no longeavailable.

Where do you file it?

You go or follow the jurisdictional amounts.

MTCo real property: not more than 200,000

in Metro Manila not more than400,000

o personal property: not more than40,000; in Metro Manila not more than50,000

(*refer to BP 129 for the complete determination ofjurisdiction because maam tiu did not mention all)


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What are the pleadings allowed?

1. Motion to dismiss2. Answer3. Counterclaims4. Third party complaints

If you have a compulsory counterclaim that was not

pleaded in an interpleader action, the same would bebarred forever by virtue of res judicata because thatis a compulsory counterclaim. That should havebeen pleaded in the same interpleader action.

Flow Chart

Complaint

Court

Order Parties..

Service of summons..

Motion to Dismiss Claimants Default

Counterclaim AnswerCross-claim,3rdparty claim

Pre-trial

Trial

Docket

You have the complaint, file it in Court. The court willorder the parties to interplead and the subject matterbe paid or delivered to the court. Then, you haveservice of summons and the copies of the complaintand order. Then the claimants will, either, move todismiss on the ground impropriety or other grounds,will file an answer or if there is no answer, theclaimants can either be defaulted on motion and

judgment barring claim. So if they are defaulted there

can be judgment now barring claim. And in anyanswer, you must file it within 15 days or 5 days fromnotice of denial of motion to dismiss. In the answer,you must put there the cross-claim, counter-claim, 3 rdparty claim that you wish to interpose. After theanswer, you go to pre-trial. And after pre-trial, thecourt will determine the parties rights and adjudicatetheir claims during the trial. Afterwards, thats whenthe court will determine docket fees, costs andexpenses as lien on the subject matter. So whoever

gets the property, the same will be subject topayment of docket fees, costs and expenses as lien.

RULE 63 DECLARATORY RELIEF

What do you mean by declaratory relief?

Basically, the concept of declaratory relief is that you

are not required to go to court only when there is anactual violation of rights. Even before you go tocourt, you are to determineeven if there is yet noactual violation, you can actually go to court and askfor a declaratory relief.

So it is permitted on the theory that courts should beallowed to act not only when harm is actually doneand rights jeopardized by physical wrong or physicaattack upon existing legal relations but also whenchallenged, refusal, dispute, or denial thereof ismade amounting to a live controversy. The insecurity

and uncertainty which may be avoided or hamperedor disturb the freedom of the parties to transactbusiness or to make improvements on their propertyrights. A situation is thus created when a judiciadeclaration may serve to prevent a dispute fromripening into violence or destruction.

So the concept and meaning of the term cause oaction in proceedings for declaratory relief vis--visan ordinary civil action is broadened. It is not, as anordinary civil action, the wrong or delict by which theplaintiffs rights are violated but is extended to a

mere denial, refusal or challenge raising at least anuncertainty which is injurious to plaintiffs rights.

So if there is just a mere denial of your claimalthough there is yet no actual violation, you can goto court and ask for declaratory relief. Although it wilnot ordinarily fall under the definition of a cause ofaction because there is no actual violation of a rightstill, under the declaratory relief remedy, thedefinition of cause of action has been broadened.

So in the case of Mejia vs. Rabayen(?), the SC

traced the origin of a declaratory relief action. Theaction for declaratory relief, which originated in theclassic Roman law, has been used in Scotland for 4centuries and adopted in England and otheEuropean countries. So it originated basically fromRoman Law.

It is purely statutory in nature and origin. It is anextension of the ancient quia timet. A declaratory

judgment does not create or change substantia


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rights or modify any relationship or alter thecharacter of controversies.

When is it proper?

When there is no other adequate relief available. Apetition for declaratory relief cannot be made asubstitute for all existing legal remedies and shouldbe used with caution. Relief from declaratory

judgment is sui generis and not strictly legal orequitable yet its historical affinity is equitable. Theremedy is not designed to supplant exiting remedies.

If you have other remedies available under the law,you are supposed to follow that, rather than fordeclaratory relief. It is basically an action of lastresort.

Who may file?

Any person who is interested in under a deed, will,

contract or other written instrument whose rights areaffected by a statute, executive order or regulation,ordinance or any other government regulation.


Before breach or violation thereof, bring an action inthe appropriate RTC to determine any question ofconstruction or validity arising and for declaration ofhis rights and duties thereof.

When you file a declaratory relief action, you are

basically asking for an opinion from the court inrespect to your rights under the deed, will, contractor other written instrument.

What are these similar actions?

1. Reformation of instrument2. Quieting of title3. Consolidation of ownership

Why do you say that they are similar?

Because the similarity here lies in the fact that the 3remedies resolve in the adjudication of the legalrights of the litigants often without need of executionto hear the judgment in good faith.

What is the purpose of a declaratory relief?

You ask the court for the proper interpretation of thecontract. You dont ask for an in junction, executionor other relief which is not covered by the remedy.The relief is confined with actual controversy within

the courts jurisdiction and it also adjudicates thelegal rights, duties, and status of the parties.

Subject matter of declaratory relief

Deed, will, contracts or other written instrumentstatutes, executive orders or regulations, ordinanceor any other government regulations.

How about issuances of the SC on administrativematters? Can that be subject of declaratory relieaction?

No. Rules such as Rule 10 Adm. Matter No. 10-4-1-SC promulgated by the SC are not included in theenumeration.

How about court order?

No. Its not a proper subject of declaratory reliefaction. Since the enumeration of what can be the

subject of a declaratory relief action is exclusive. Soyou apply the expression unios es exclusio alterious.

SC decision cannot be the proper subject ofdeclaratory relief.

The reason here is if there is ambiguity or doubt inthe decision, there are other remedies available inorder to clarify this ambiguity or doubt.

How about a title to a property (TCT)? Is that asubject of declaratory relief?

Yes.

Who has exclusive and original jurisdiction?

It is within the exclusive and original jurisdiction ofthe RTCs and not SC and not the CA. So it must befiled first with the RTC. If you go straight to the SCthat will only be dismissed for lack of jurisdiction.

For quieting of title, jurisdiction must be consideredin light of the law on jurisdictionthe judiciary act

So again you go back to the value of the property inorder to determine which court has jurisdiction. Butwith the rest, because this is only with respect toquieting of title under Rule 63, as to the rest, you fileit with the RTC.

There were exceptions made by the SC thaoriginally these were for declaratory relief, where theSC had treated the caselike in the case of thelegality of the imposition of the VAT on toll fees. TheSC considered it one for prohibition because of its fa


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reaching implications and it raises questions that canbe resolved for public hearing (?). Although it wasprocedurally wrong because it was via declaratoryrelief, the SC treated as one for prohibition petition.

Same thing with the definition of capital underSection 11, Article 5 of the Constitution. The SCtreated it as one for mandamus because of its farreaching implications to the national economy, rather

than under Rule 63 for declaratory relief.

What are the requisites for declaratory relief?

1. There must be a justiciable controversy2. The controversy must be between persons

whose interests are adverse3. The parties seeking declaratory relief must

have interest in the controversyso not anyperson can file this; that person must have aninterest in the controversy.

4. The issue must be ripe for judicial

determination.

What do you mean by justiciable controversy?

Real parties in interest assert adverse claims andpresent a ripe issue. There must be an active,antagonistic assertion of a legal right on one sideand a denial thereon on the other concerning the realnot theoretical question or issue.

When is it NOT available?

If your purpose is to obtain a judicialdeclaration of citizenship, an action fordeclaratory relief is not proper.

Also, if you want to establish legitimatefiliation and determine hereditary rights that isnot the action for you.

If you want to resolve a political question orissue, that is not also available under thedeclaratory relief rule.

Or if you want to try or determine issues, thatis not also for declaratory relief.

If there is no ambiguity or doubt in theassailed ordinance, declaratory relief is notproper.

Or if the contract or statute has already beenbreached, that is no longer proper fordeclaratory relief.

If your issue is already mooted, that is nolonger subject of declaratory relief.

And if you cannot show any interest thatwould be affected by the questioned law orordinance, then, declaratory relief is notproper.

Reformation of Instrument


A petition for reformation of instrument may be filedwhen his legal rightones legal right is deniedchallenged or refused by another or when there is anantagonistic assertion of a legal right and the denia

thereof concerning a real question or issue.

This could occur after the execution of the instrumenor much later.

When do you reckon prescription of an action forreformation of instrument based on mistake?

In the case of Multi realty Development Corporationvs. Makati Condominium Corporation (2006), theprescription will have to be reckoned from thediscovery of the mistake and not from the execution

of the instrument. The reason for that is because thestatute of limitations does not begin to run against anequitable case of action for the reformation of aninstrument because of mistake until the mistake hasbeen discovered or ought to have been discovered.

So the mere recording of the deed does not chargethe grantor with constructive notice of a mistaketherein but is to be considered with other facts andcircumstances in determining whether the grantor becharged with notice, actual or constructive.

So you already know what reformation of instrumentiswhen it does not reflect the true intent of theparties by reason of mistake for instance. So inwhich case, the prescription for an action foreformation of instrument will begin to run fromdiscovery of the mistake.

How about quieting of title?

The substantive law basis for that is Article 476 ofthe Civil Code. So whenever there is a cloud on titleto real property by reason of any instrument, record

claim, encumbrance or proceeding, which isapparently valid or effective, but is in truth and in factinvalid, ineffective, voidable or unenforceable andmay be prejudicial to said title, an action may bebrought to remove such cloud or to quiet the title.

If there is any cloud to the title, then you can file anaction for quieting of title. Still, it is under Rule 63.



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1. The plaintiff or complainant has an equitabletitle of interest in the real property subject ofthe action

2. The deed, claim, encumbrance, proceedingclaimed to be casting cloud on the title mustbe shown to be in fact invalid or inoperativedespite its prima facie appearance of validityor legal efficacy.

Declaratory Relief vs. Ordinary Case

Declaratory Relief Ordinary Case

The declaratoryjudgment is thedeclaration itself, itstands by itself, and noexecutor process willfollow.

There is no coerciverelief after the rendition

of the declaratoryjudgment.

The declaratoryjudgements involve areal controversy and areconsidered res judicata,binding upon the partiesand those intimatelyconnected(?)

The judgments areprimarily intended toremedy or to makecompensation for injuryalready suffered and, forthat reason, must, inaddition to determiningthe rights involved, grantconsequential or curative

relief in some form.

That is why, in ordinarycases you have theexecutory or executionprocess.

Who may be parties?

All persons who have or claim any interest whichwould be affected by the declaration shall be madeparties.

Supposing you failed to implead a party, will thatbind the non-included person?

No. Section 2 provides that those not included willnot be prejudiced.

When do you notify the Solicitor General?

When the action involves the validity of a statute,executive order, regulation or any othergovernmental regulation.

So the SolGen will have to be notified and you haveto be entitled to be heard upon the issue of thevalidity of the statute.

When do you notify the prosecutor?

When the action involves the validity of a locagovernment ordinance.

However, if the ordinance is alleged to beunconstitutional, then, you also notify the SolGen.

What are the grounds to dismiss an action fordeclaratory relief?

If the decision in that action will not terminatethe uncertainty or controversy which gaverise to the action, or

Where declaration or construction is nonecessarily improper under thecircumstances.

Criteria in rendering a declaratory judgment

If it will serve a useful purpose in clarifyingand settling the legal relations in issue and

It will terminate and afford relief from theuncertainty, insecurity and controversy givingrise to the proceeding.

Can it be converted into an ordinary action?

Yes. If before final termination of the case, a breachor violation of the instrument or a statute, executiveorder, regulation or any other governmentaregulation occurs, the action may be converted intoan ordinary action.

RULE 64

REVIEW OF JUDGMENTS, FINALORDERS AND RESOLUTIONS OF THE COMELECAND COA

Scope

The scope of Rule 64 are those judgments, finaorders and resolutions of the COMELEC and theCOA.

Basis

The basis for that is found under Article 9, Section 7of the Constitution: unless otherwise provided by theconstitution or by law, any decision, order or ruling ofeach Commission may be brought to the SupremeCourt on Certiorari by the aggrieved party within 30days from receipt of a copy thereof.

So the mode of review isunder Rule 65 in relation toRule 64. And the grounds are limited to lack of

jurisdiction or grave abuse of discretion amounting tolack or excess of jurisdiction.


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What is the proper caption?

Petition for certiorari or Petition for review oncertiorari?

This was answered by Justice Nachura in the caseof Benguet State University vs. COA, June 8, 2007.

(Maam did not answer the question. Read thecase nlang.)

The SC has discretion to review cases. If the petitionis without merit or is prosecuted manifestly for delayor raises questions that are too unsubstantial torequire consideration, it can refuse to accept theappeal. So the burden is on the party seeking reviewto persuade the SC to take cognizance of thepetition.

What do you mean by final orders, rulings and

decisions?

This would refer to those rendered by the Comelec inthe exercise of its adjudicatory or quasi-judicialpowers, not the rule-making power, and must be afinal decision or resolution of the Comelec en banc.So if its a resolution of a Comelec division, that isnot the same final order that can be raised to the SCon certiorari.


To the SC.


Within 30 days from notice of judgment or final orderor resolution.

The 30-day period can be interrupted by a timelymotion for new trial or reconsideration if the rules ofthe commission allow such. If it is denied, then, theaggrieved party may file the petition within theremaining period which in no case shall be less than

5 days reckoned from the notice of the denial.

The question here would be..

Does the fresh period rule apply under Rule 64?

After the denial of your motion for recon, can you askfor a fresh period of 30 days within which to file yourpetition?

In the case of Pates vs. COMELEC (2009), there isNO fresh period here. According to the SC, the 30-day period, the 30-day period under Rule 64 cannotbe equated with Rule 65. The period under Section2, Rule 64 refers..ahhhthe exception thatSection 2, Rule 64 refers to is Section 3 whichprovides for a special period for filing a petition forcertiorari from decisions, orders and resolutions ofthe Comelec en banc. The period is 30 days from

notice of the decision or ruling with the interveningperiod used for filing of any motion forreconsideration deductible from the originally granted30 days.

Here, so far, there is no rule that modifies the periodfor the filing of the petition before the Sc under Rule64.

Can you dispense with the filing of a motion forreconsideration?

Yes. When the issue involves the principle of sociajustice or the protection of labor, the decision oresolution sought to be set aside is a nullity and theneed for the ruling is extremely urgent and certioraris the only adequate and speedy remedy available.

You have to pay docket fees upon the filing of thepetition and you have to deposit 500 for costs.

What are the formal requirements?

1. You have to verify it (petition)

2. Before, it used to be 18 legible copies, bunow it has been reduced by virtue of theEfficient Use of Paper Rule (please go tosaid rule for the exact # of copies)

3. You have to put the name of the petitionerand the name of the respondent

4. You have to state the material dates in ordeto show that your petition was timely filed

5. You have to allege the facts, the issues, thegrounds and brief arguments relied upon foreview and your prayer for judgment

What are the accompanying documents?

1. You have to submit clearly legible duplicateoriginal or certified true copy of the judgmentorder or resolution

2. Certified true copies of the material portionsof the record referred to in the petition

3. Other documents relevant and pertinent tothe petition

4. Certification against non-forum shopping


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5. Proof of service on commission or adverseparty

6. Proof of filing and payment of docket feesand other lawful fees.

So you have to take note that you have to submitcertified true copies of the material portions of therecord referred to in the petition. But there are SCcases that would tend to liberalize this requirement.

Can the SC dismiss the case motu propio?

Yes. If the formal requisites have not been compliedwith or the petition was filed manifestly for delay orthe questions raised are too unsubstantial to warrantfurther proceedings.

Once you file a petition for certiorari, it will not staythe execution of the final judgment or final orderexcept when the SC issues a restraining orderwould order otherwise/ would direct otherwise. In

other words, it would hold in abeyance the executionof the decision.

Comments of the respondent will also be in severalcopies, its supposed to be 7 or 5 (refer to EfficientUse of Paper Rule because maam tiu is not sure onhow many copies) and accompanied by certified truecopies of the material portions of the record referredto therein and othe supporting paper.

The SC may allow other pleadings to be filed. Butunless it requires parties to submit other pleadings,

then, there is no need to file additional pleadings.

Flow Chart

Verified Petition

Outright Supreme Court RequireDismissal Respondent to

Comment

No Comment within Comelec/COA10 days

Oral Argument Comment

Decision

You have the verified petition, then you go to the SC.The SC may either dismiss it outright or requirecomment. After a comment has been submitted,then, there will be oral argument or memorandum. Ifthere is no comment, there will oral argument or

memorandum. Afterwards, there would be adecision.

RULE 65 CERTIORARI, PROHIBITION &MANDAMUS

The form of the petition must also be verified. Andthe contents include facts, issues, arguments, prayer

for reliefs, material dates, compliance with conditionprecedents and payment of docket fees.

And you have to submit certified true copy of thejudgment and copies of all relevant pleadings anddocuments, certification of non-forum shoppingproof of payment of docket fees and proof of service.

Take note, that under Rule 65, the accompanyingdocuments need not be certified true copies becauseunder rule 64, they are required to be certified truecopies. Only the judgment, order or resolution

subject of the petition is required to be certified truecopies.


Within 60 days from receipt of denial of motion forreconsideration or decision or resolution.

Is it extendible?

In the case of Laguna Metts Corporation vs CA(2009), SC said NO it is not extendible.

But in the case of Domdom vs. SB, the SC said YESit is extendible because there is no mention in theamended Section 4 of Rule 65 for a motion forextension unlike in the previous wording. It does notmake the filing of such pleading absolutelyprohibited. If such were the intention, the deletedportion could have simply been reworded to statethat no extension of time to file the petition shall begranted. So it can be extended; you can ask for anextension.

But come to think of it, you already have a freshperiod of 60 days from the denial of the MR, why doyou need an extension. Unlike under Rule 64 whereyou only have the remaining period to file a petitionfor certiorari before the SC and there is no extensionallowed. So itstoo lenient, Rule 65 is too lenient.


Several courts have original jurisdiction ovepetitions for certiorari, prohibition and mandamus


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You have the SC, CA, SB, RTC, COMELEC. UnderSpecial law, you have the Shariah appellate courtand the Shariah district courts.

What happens..because there are several courtsthat can take cognizance of the certioraripetition, what happens..since they haveconcurrent jurisdiction?

The rule here is that the court that first takescognizance shall have exclusive jurisdiction to theexclusion of other courts.

Can you go directly to the SC?

Normally, no because you have to respect thehierarchy of courts. You have to start from thebottom before you go up.

What is the effect if you file a petition forcertiorari?

It will not stay the proceedings below. The publicrespondent will proceed with the principal case within10 days from the filing of the petition with the highertribunal unless a TRO or a writ of preliminaryinjunction has been issued.

Should public respondent suspend theproceedings below that is a subject ofdisciplinary action?

Suppose you go to the SC or you file a petition for

certiorari and it is outrightly dismissed, is there apenalty or is there a sanction for filing such afrivolous petition?

Yes, the court the award in favor of the respondenttreble the costs solidarily against the petitioner andcounsel in addition to administrative sanctionsagainst under Rule 139 and Rule 139-B (disbarmentcase). The court may impose motu propio based onres ipsa loquitur other disciplinary sanctions ormeasures on erring lawyers.

So that is (dili klaro)..because the parties and theircounsel will tend to indiscriminately file petitions, leftand right, if they do not like the decisions of the lowercourt. And if in order to minimize and avoid thisabuse of resort to certiorari petitions, the SC cameup with this. But so far, maam tiu hasnt heard thatparties were slapped with this sanction of treble thecosts and disciplinary action against the erringlawyer.

I remember one time when I was agonizing on whatto do because I have a case where the lower courtrefused to dismiss the case for non-payment ofcorrect docket fees. So we went on certiorarbecause there was really payment of docket fees butnot enough. So I was thinking about this..what if wewill be denied. And I remembered one professorhere saying well, you can tell your client that if everthats the risk and you have to warn them that if the

SC would order to treble the cost then they wouldhave to shoulder it, not the lawyer. Because heresolidary liability against the petitioner and thecounsel. Luckily, although our petition was denied, ina way it was granted because the CA required theplaintiff to pay the correct docket fees. So nakuhaparin naming ang gusto naming and we were notgiven sanctions by the CA.

What do you mean by certiorari?

It is a writ issued from a superior court to any inferio

court, board or officer exercising judicial or quasi-judicial functions whereby the records of a particulacase is ordered to be elevated up for review andcorrection on matters thereof. It is a prerogative writand issued in the exercise of judicial discretionThere must be a capricious, arbitrary and whimsicaexercise of power for it to prosper.

Requisites for filing a certiorari petition

1. There has to be a tribunal, board or officerexercising judicial or quasi-judicial functions

2. Who has acted without or in excess ojurisdiction or in grave abuse of discretionamounting to lack or excess of jurisdiction

3. There is no appeal or plain, speedy oradequate remedy in the ordinary course ofthe proceedings

What do you mean by grave abuse of discretion?

Is the phrase grave abuse of discretion a talismanicphrase that once you put it there thats it?

No. you dont have to put it there. All you have to dois to show grave abuse of discretion.

Who has the burden to show grave abuse ofdiscretion?

It is the petitioner.

What do you mean by judicial function?


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Judicial function is the exercise of the judicial facultyor office. It also means the capacity to act in aspecific way which appertains to the judicial poweras one of the powers of the government. The term isused to describe generally those modes(?) of actionwhich appertain to the judiciary as a department ofan organized government and lieu(?) and by virtue ofwhich it accomplishes its purpose and exercises itspeculiar powers.

So when you talk of judicial power, you necessarilyrefer to a court of law exercising judicial functions.So when you talk of certiorari against a tribunalexercising a judicial function, then, you refer to acourt because only the courts have the judicialfunction under the constitution.

What is grave abuse of discretion?

Is mere abuse of discretion enough?

No. There has to be grave abuse of discretion asamounting to an evasion of positive duty or a virtualrefusal to perform a duty required by law; an act inan arbitrary or despotic matter by reason of passionor hostility.

It includes acts done in violation of the constitution,law or jurisprudence.

So I remembered during the report where there wasone who asked on whether a certiorari petition maybe made to question the constitutionality of a

decision or even an act. And it can be because graveabuse of discretion would include acts done inviolation of the constitution, law or jurisprudence.

Im handling a case right now where the CA refusedto entertain our petition for certiorari on the groundthat there is no abuse of discretion. According to theCA, the decision of the ombudsman on the executionof a decision pending a motion for reconsiderationinvolves no grave abuse of discretion. The remedy isan appeal. So, right now, we have a pending MFRbefore the CA preparatory for elevating it to the SC.

The issue here is; the office of the ombudsmanMindanao, they implemented a decision that it stillsubject of a MFR. The rule in the ombudsman inadministrative cases is that if you appeal it, if it isunder appeal, it is immediately executor. That is veryclear in the rules of the office of the ombudsman law.But here, it is a MFR that is pending. And yet theyalready issued an execution order.

So automatically, hindi pa nareresolve, 5 years naang gaming MFR, hindi parin nareresolve and they

have already implemented the decision of dismissingthe employee. So we went to the CA questioning theimmediate implementation. And according to theombudsman we have a memorandum circular thatsays even pending MFR, the decision dismissing anemployee is immediately executor. Its a 2006memorandum circular issued by MerceditasGutierez.

The problem with that memorandum circular is that itwas never published. The office of the ombudsmanhas the power to promulgate its own rules, it canchange the rules of procedure anytime because thais power granted by the constitution as well as itsenabling law. However, there has to be publication

And there was none in this case. So we were jussurprised that behold inempliment na. SO wequestioned that.

Remember the case of Rolando Mendoza; thehostage taker sa bus hostage. That is what precisely

happened to him. Inupuan ang MR nya, inimplemenang decision dismissing him from service. And thefact finding committee found deputy ombudsmanGonzales to be liable for not resolving the MR within5 days kasi ang nakalagay sa rules nila within 5 daysfrom submission eh mareresolve na dapat ang MFRHindi naresolve kaya nagwala na si Mendozadespite the several motions to resolve eh hindnaresolve. So wala na syang nagawa and he tookmatters into his own hands at nang-hostage na syaand it ended badly.

Thats precisely what happened to our case. Andcliente nagsabi na atty gusto ko na rin mag-walagusot ko na ring maghostage. Sabi ko sandallang,m wag muna. (hehe, nagjokesi maam ) Thefeeling that you rendered 3o years of service aganun ganun lang. So very drastic ang moves ngombudsman. So what we didactually I suggectedthat this is a long shot pero sabi naman nung clientena bahala na kasi magwild na ang tatay ko, go nanatin eto, ipetition na antin ito sa CA para atleastmay hinihinta tayo. So sige, go..certiorari kami.

At ang sabi naman ng private respondent that is nocertiorari, that should be declaratory relief becauseyou are questioning the validity of the memorandumcircular. Tama din anoh? Dapat nag-declaratoryrelief kami dun sa RTC. But no! Sabi ko hindicertiorari ito kasi giquestion naming ang direcimplementation and the legal implermentation of thedecision that is still pending motion for recon. Soayun na nga, dinismiss ang petition because therewas no grave abuse of dicretion; the remedy shouldhave been appeal. Sinabi ko how can there be an


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appeal eh hindi pa nga kami maka-alis sa office ofthe ombudsman kasi hindi panareresolve ang amingMFR. So there you have to distinguish on what is thenature of the remedy of an appeal and the remedy ofan MFR.

The reationale for allowing execution pending appealis because an appeal is am ere statutory right suchthat the statute can also remove that right any time

provided there is proper procedure for that. So whenit is immediately executory even if you go on appealit is immediately executory. But in a MFR that isdenial of due process. So dun naming tiniraaviolation of the constitutional right to due process.

And that is guaranteed by the constitution.

So lumabas ag decision dun sa fact finding dun kayMendoza finding deputy ombudsman Gonzalesliable, tinaggal sya as deputy ombudsman becauseof what happened during the hostage. And the factfinding committee said that a MFR, for as long as it is

still pending, then the entire proceeding is stillincomplete and because of that you cannot go onappeal. You cannot execute either because theentire procedural process is still incomplete. Yun angsinite dun sa fact finding committee at yun ang gisitenaming. But unfortunately it was lost in the CA. Sowe had to redefine and emphasize that in our MFR.

And the client told me that no matter what happensand the decision is still adverse, then, we will go tothe SC.

So our motion was drafted in away na deretso na

tlaga ito sa SC. So either igrant yung MFR naming orpupunta kami sa SC. So that the SC will have achance to adjudicate on whast is the proper remdywhether a declaratory relief or certiorari. Kasi angpinunterya tlga naming is that the remedy here iscertiorari. And the reason fdor that is because if youlook at your Rule 41. You have there yourexecutions. If you want to question the order of \execution you have to go on certiorari. You dontgofor an appeal or any other remedy; you have to availof rule 65.

If the act being questioned is in violation of theconstitution, jurisprudence or the law, you canactually make a ground for grave abuse of discretion.Pwede yan for certiorari.

What do you mean by lack of jurisdiction?

The court acted in absolute want of jurisdiction. Sono jurisdiction at all and there is an error of

jurisdiction and not error in the exercise thereof,unless it was performed arbitrarily.

So when you say exercise of jurisdiction, it is the actof deciding all other questions arising in the case. Sowhen you say errors in the exercise of jurisdiction, itcould pertain to appreciation of the evidence oradmissibility of evidence or the application of law. Sothe remedy here is only by appeal.

In excess of jurisdiction, it presupposes that the court

has jurisdiction only that it exceeded it or itranscended its jurisdiction.

Certiorari also applies to decisions of the quasi-judicial bodies, like the office of the ombudsman inadministrative cases. That is a quasi-judicial body.

To keep administrative bodies within their jurisdictionand protect substantial right so fthe parties affectedby their decision. Here, it is among the check andbalances of the 3 branches of the government.

Distinguish Certiorari Rule under Rule 45 vsRule 65

Rule 45 Rule 65

Appeal by certiorari Petition for certiorari

It brings up review errorsin judgment committedby the court in theexercise of its

jurisdiction.

To correct errors ojurisdiction and graveabuse of discretionamounting to lack or inexcess of jurisdiction.

Involves review ofjudgments, awards of

final orders.

It may be directedagainst an interlocutory

order. (so you can avaiof certiorari under rule 65involving an interlocutoryorder and not necessarilya final order.

Must be filed within thereglementary period toappeal15 days

It is 60 days from noticeof the judgment or ordeor from the denial of theMFR.

Effect is that it stays theexecution of the decision.

It does not stay thedecision unless a TRO oinjunction is issued.

The same parties are theparties to the petition.

There is a change in thecaption in the case: theaggrieved party becomesthe petitioner and theprevailing parties as welas the tribunal will beconsidered as therespondents.

The prior filing of a MFRis not necessary.

MFR is a conditionprecedent although thereare exceptions available.


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In the exercise of itsappellate jurisdiction orpower of review.

The higher courtexercises original

jurisdiction under itspower of control andsupervision over theproceedings of lowercourts.

General Rule: Certiorari is not a substitute forappeal.

Exceptions:1. When the appeal does not constitute a

speedy and adequate remedy.2. When the orders were issued in excess of or

without jurisdiction.3. For certain special considerations as public

policy of fairness dictates.4. In criminal actions, the court rejects rebuttal

evidence for prosecution as in case ofacquittal, there could be no remedy.

5. When the order is a patent nullity. Certiorarican also be availed of.

6. If the decision in the certiorari case will avoidfuture litigation.

So you have to weigh on whether to avail of anappeal or certiorari. The test here is not that theremedy of appeal is possible or it is available, ratherwhether under the circumstances of the case, anappeal would better serve the interests of justice.Like in the case of when you need a speedyremedywhether an appeal would be adequate of

not. And if you wish to avail of the exception, youhave to clearly establish it in your condition(?).

General Rule: A certiorari will not lie to reviewdiscretionary actions of any tribunal.

Exceptions:

1. When the tribunal acted without or in excessof jurisdiction, or

2. Does not conform to the essentialrequirements of the law and may reasonably

cause material injury, or3. There is clear or serious abuse of discretion.4. So if the interlocutory order involves a

violation of the constitutional rights of theaccuses, then, you can go for certiorari byway of exception, or

5. When there is a broader interest of justice orthe broader interest of justice principle willapply, or

6. There is the existence of speciacircumstances demonstrating inadequacy oappeal.

So whether to avail of an appeal or a petition forcertiorari, you have to take into considerationwhether or not the remedy of appeal is still availablebecause almost always, those who avail of certiorarinstead of an appeal would do so if the period to file

an appeal had already lapsed. Meaning to say thatthe appeal is no longer available.

Prohibition

What is prohibition?

It is a writ by virtue of which a superior courtprevents the inferior courts, corporations, boards orpersons from usurping or exercising jurisdiction orpower within which they have not been vested orentitled by law.

It is basic a prohibition against a certain act directedagainst a tribunal possessing judicial or quasi-judiciapowers.

In the case of City Engineer of Bagio vs. Maniqued(?), the SC traced the origin of prohibition to thecommon law and, in that case, the prohibition wasconsidered to be a prerogative writ of the king andoriginated in conflict of jurisdiction between royacourts and the church.

So that is the writ issued by the king to restrainecclesiastical court from acting without jurisdictionNow later, it evolved into judicial writs under thecourt of law. So where before it used to be issued bythe king, now, the court can issue it.


1. Tribunal, corporation, board or personexercising judicial, quasi-judicial or ministeriafunctions.

So unlike in certiorari where i

involved judicial or quasi-judiciafunctions, in prohibition, it coversministerial functions as well. And theground is the same

2. They acted without or in excess ojurisdiction, or with grave abuse of discretionamounting to lack or excess of jurisdiction.

3. There is no appeal or any other plainadequate and speedy remedy available in theordinary course of law.


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May prohibition lie against the mayor?

In the case of City Engineer of Baguio vs. Maniqued,the SC said yes if it involves the demolition. And the

justification of the SC there is that the office of themayor is given powers not only relative to hisfunction as the executive official of the town. It hasalso been endowed with the authority to hear issuesinvolving property rights of individuals, and to come

out with an effective order or resolution thereon. Sothe mayor in that respect is exercising quasi-judicialfunctions.

So this power is a truism on the matter of issuingdemolition notices and all orders against squattersand illegal occupants through some of its agenciesor authorized ___ respecting municipalities or cities.

So a mayor can be a subject of a prohibition action ifin the exercise of his quasi-judicial functions.

What is the function or prohibition?

It is a preventive remedy. It is to prevent or restrainusurpation by inferior tribunals and to compel themto observe the limitation of their jurisdictions. It is notintended to provide a remedy for acts alreadyaccomplished.

Certiorari vs. Prohibition

Differences

Prohibition Certiorari

Basically prays thatrespondent be ordered tocease from furtherproceeding in the actionor matter.

Basically seeks theannulment or nullificationof the proceedings of anytribunal.

Preventive remedy Corrective remedy

The private party isincluded as respondent.

The private party is notrequired to be included.

Similarities

Both are original or independent action andnot a continuation or part of the trial resulting

in the rendition of judgment ___. The grounds are basically the sameexcess

of jurisdiction or lack of jurisdiction.

Prohibition vs. Mandamus

Prohibition Mandamus

Is a negative remedy. An affirmative remedycommanding the doing ofa certain act.

The object is to prevent It is to compel

the execution or thecontinuation of an act.

compliance with afunction prescribed bylaw.

Prohibition vs. Injunction

Prohibition Injunction

Strikes(?) the veryjurisdiction of the court.

You are prohibiting thecourt from actingbecause it has no

jurisdiction.

It presupposes thejurisdiction of the courwhere the action ispending

Directed to the courtitself.

It is directed to theparties litigants withouany manner interferingwith the court whileasking these litigants todesist from furtheperforming certain acts.

Mandamus

What is mandamus?

It is a writ issued in the name of the State to atribunal, corporation board officer or personcommanding the performance of an act which thelaw enjoins as a duty resulting from an office, trust ostation.

It pertains to the enforcement or the execution of aministerial duty. For in mandamus, you are notalready dealing with a tribunal performing a judiciaor quasi-judicial function. In fact, you are asking forthe performance of a ministerial duty compellable bymandamus.

What is a ministerial duty?

It is one that requires no exercise of official discretionnor judgment. It connotes an act wherein nothing isleft to the discretion of the person executing it. It is asimple, definite duty arising under the

__________________________________ exist oneway or another. (sorry, hindi klaro ang words nmaam kasi minadali nya ang pagbasa, para nlangsya naga-mumble )

In mandamus, you seek to compel the performanceof a ministerial duty but not the performance of acontractual obligation or to compel a course ofconduct or to control or review the exercise ofdiscretion.


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1. When there is a neglect in the performance ofan act which the law specifically enjoins as aduty resulting from an office, trust or station.

2. Excludes another from the use andenjoyment of a right or office to which suchother is entitled.

3. There is no appeal, or any plain, speedy and

adequate remedy in the ordinary course oflaw.

Remember that among the 3 remedies under Rule65, only in mandamus can you ask for damages. Theother, there is no provision that allows the petitionerto seek damages against the other party.

Elements

In order to be entitled to adopt this remedy, you haveto establish the elements or the existence of the

elements for the issuance of the writ.

1. You have a clear right to the performance ofthe act, and

2. The respondent must have the mandatoryduty to do the act sought for.

In order to comply with the elements for the issuanceof the writ, you have to show prior demand made tothe respondent and a denial of such demand, unlessthe petition involves purely a question of law. Andyou have to show that there is no adequate, plain,

speedy remedy in the ordinary course of law. Ofcourse, you have to show exhaustion of the availableremedies and you have to show compliance with allthe other procedural requirements.

Under Rule 65, the public respondents are merelynominal parties. The one who will actively defend thecase will be the private respondents.

In our case, the one we filed before the CA, theombudsman actively participated in our certioraripetition. I dont know why. But they submitted their

comment, they submitted their own opposition, etc.

In 2008, the SC came out with a decision regardingthe duty of MMDA to clean up Manila Bay.

Is the MMDA compellable by mandamus?

SC said yes. MMDA has the duty in the solid wastedisposal which is set forth in PD 1152 and RA 9003.

When do you say that there is a ministerial duty onthe part of a government agency to perform a certainact?

All you have to do is check the law creating suchagency. In this case, that was what the SC did. Iwent back to the law creating the MMDA and there ifound out that, indeed, the MMDA has the duty toclean up manila bay.

How about other line agencies? Like the DENR?Yes. The SC also reviewed RA 9275, EO 112 andalso MWSS and the LWUA, DA, DPWD, PCG, PPA.

All these line agencies were found by the SC to havethe ministerial duty to clean up manila bay.

Judgments, service(?) and enforcement

So how do you enforce?

The certified copy of the judgment rendered inaccordance with the rules shall be served upon thecourt, quasi-judicial agency, tribunal, corporation oofficer or person concerned. Disobedience will bepunished as contempt.

Like in the case that I have, the one where the CArequired the plaintiff in the lower court to pay correctdocket fees. Its kinda bading na decision. Dinenyyung aming petition kasi no grave abuse ofdiscretion daw. But, sa dipositive portion, nirequireand other party to pay the proper docket fees

Several months had passed, ayaw parin magbayadso what do you do? Eto, you go for the enforcemenof the judgment. So we filed a motion in the CAsaying na natanggap na nila ang copy ng decisionand yet they failed to comply with the directive fothem to pay the correct docket fees. So our endprayer there was for the decision of the CA to beenforced. Siguro mga 1 or 2 weeks after nagbayadna ang kabilang party because if they do not pay andthey disregard that order of the CA, they will be liablefor contempt.

Remember that this is an original action; can youenforce the decision of the tribunal under Rule 65?

Yes. Pero hindi sya kagaya nung under Rule 39 naordinary action. There is a different way of doing ithere kasi hindi nga mag-aaply yung rule 39especially when youa re dealing with a petitionpending with the CA or the SC.

RULE 66 QOU WARRANTO


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Quo warranto is literally a Latin phrase by whatauthority.

It is also a prerogative writ by which the governmentcall upon any person to show by what warrant heholds a public office or exercises a public franchise.

Who can file?

1. The State2. The Private individual

When will the State file and who should file it forthe State?

It is to be initiated by the Solicitor General in thename of the Republic of the Philippines. If not theSolGen, then, the public prosecutor.

When will the private individual initiate it?

When that individual claims entitlement to a publicoffice or position usurped or unlawfully held orexercised by another.

The law allows the private person to question theregularity of the incorporation of an entity.

Against whom?

The respondent here will be:1. A person who usurps, intrudes into or

unlawfully holds a public office, position orfranchise;

2. Public officers who forfeit their office, and3. Association which act as corporations without

legally being incorporated or authorized.

Before, the rule includes an office in a corporationcreated by authority of law. A person who usurps,intrudes into or unlawfully holds a public office,

position or franchise or in an office in a corporationcreated by law. However, that has been taken out inthe present rules and that has been placed in

another rule governing intra-corporate disputes. So ifyou are questioning the authority of a person holdingoffice in a corporation created by authority of law,then, that will no longer fall under Rule 66. Rather ,you have to file it as an intra-corporate dispute underthe jurisdiction of the special commercial courts.

When do you file a quo warranto case?

One year from case of such ouster or right of thepetitioner to hold such office or position. If you do not

file within the 1 year period, then, that would bebarred by prescription.

The reason for the 1 year rule is because title topublic office cannot be subject of continueduncertainty and the peoples interest requires thasuch right be determined as speedily as practicable.

Is there an exception to the 1-year rule?

Yes. When the petitioner is not guilty of inactionrather, he acted upon assurance of the government.


You can file it with the SC, CA, RTC having territoriajurisdiction over respondents place of residenceYou have concurrent jurisdiction among these 3courts.

But if it is the SolGen that initiates the action, it mus

be brought in the RTC of Manila, in the CA or SC.

The Sandiganbayan also has jurisdiction over quowarranto action in cases filed under ExecutiveOrders 1, 2, 14 and 14-A in aid of its appellate

jurisdiction and not exclusive of the SC.

Form and Contents

1. It must be verified.2. If it is brought by the government, it should be

in the name of the Republic of the

Philippines. If brought by an individual, ishould be in the individuals name.

3. If the action is for usurpation, you have toallege the name of the person claimingentitlement and the defendant is unlawfully inpossession thereof.

4. You have to implead all other personsclaiming the position.

2 types of quo warranto

1. Compulsory quo warranto this is where the

SolGen or the public prosecutor muscommence the action when the presidendirects him to do so or upon complaint orotherwise when he has good reason tobelieve he can establish by proof that thecase is under Section 1 of Rule 66.

2. Discretionary quo warranto the SolGen othe public prosecutor may, with thepermission of the court in which the action isto be commenced, bring an action upon therequest and relation of another person who is


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the relator. And the SolGen of publicprosecutor may ask for the deposit in court ofmoney in an amount approved by it for theexpenses and costs. So discretionary,meaning to say that it is not compulsory onthe part of the solgen to initiate the action.But here, it has to be with the permission ofthe court and there has to be a relatortheaction may be brought upon the request of a

relator or a private individual and the paymentof costs.

Flow Chart (Discretionary QW)

Application forpermission

DenyCourt

Grant Direct defendants tocomment

Petition filed withinperiod fixed by court

You have an application for permission to file a quowarranto action filed with the court and the court willdirect the respondent to comment. After thecomment, the court will either deny the application orgrant it, furnishing all copies to interested parties. If itgrants the application, then the application will befiled within the period fixed by the court.

What is the differency between a quo warrantofile by the State and a quo warranto filed by anindividual?

The difference basically lies in the fact that if it is thestate, there is no need to show the entitlement to theoffice usurped. But if it is the private individual, then,you have to allege that you are entitled to theposition usurped.

The period to file the pleadings may be reduced tosecure the most expeditious determination of the

case and the quo warranto petition may be givenpreference or priority over any other civil case in thecourt.

What is the judgment in quo warrantoproceedings?

It may include an order ousting the occupant fromthe public office concerned, the recovery of costs ofthe petitioner or the relator as the case may be, and

determining the rights in and to the public position orfranchise of all the parties to the action.

What is the duty of the ousted defendant?

To turn over the office to the rightful occupantogether with all the books and papers in hispossession. In case of refusal, he can be liable forcontempt or damages which may be recovered in a

separate action.

A quo warranto judgment against a public officedoes not bind his successor in office even thoughsuch successor may trace his title to the samesource. The quo warranto writ is never directed to anofficer as such but always against the person todetermine whether he is legally and constitutionallyauthorized to perform the act or exercise anyfunction of the office to which he lays his claim.

If reinstatement is not possible, may the public

officer be liable to back salaries?

Yes because we can no longer avail of reinstatementespecially if the person adjudged to be entitled to theoffice has reached retirement age.

When do you commence an action for damagesbecause an action for damages must be filedseparately?

Within 1 year after entry of judgment establishingpetitioners right to the office in question

Who may be liable for costs?

1. Petitioner2. Relator3. Respondent4. Persons claiming to be a corporation

Or all of them as may be apportioned by the court.

Quo warranto vs. mandamusQuo warranto under Election Code vs. Election

ProtesQuo warranto in elective vs. appointive posts

(*maam tiu did not discuss the 3 topics above, tayonlang daw magread. )

Basically, quo warranto under Rule 66 is a differenremedy from the one under the election code. Andthe grounds for quo warranto under Rule 66 is verylimited. So I dont want to confuse you with qouwarranto in election cases.


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In the case of Soriano vs. Estrada, this involves theoath-taking of GMA. This involves 4 consolidatedpetitions. In the first petition, it seeks to enjoinEstrada from exercising the powers of the presidentand to yield the presidency to his constitutionalsuccessor. The 2nd petition is to declare theoccupation of Arroyo to be Constitutional and legalwith the full support of the Filipino People and other

foreign countries because that was by virtue ofEDSA 2.

The 3rdpetition asks for a definitive ruling on whetherEstrada is still president, hence exempt from allcriminal suits. The 4th petition prays that GMAsproclamation and oath-taking be declared void.

So this all revolves around the time when there wassome uncertainty brought about by the EDSA 2;when Estrada was ousted in the middle of hisimpeachment trial.

What was the ruling of the SC? The SC said that the4 petitions are essentially for declaratory relief overwhich the SC has no original jurisdiction. Rememberthat declaratory relief is within the exclusive

jurisdiction of the RTC. Petitioners admit that it is onefor declaratory relief and they have no locus standibecause ethey cannot show any direct or personalinjury as a result of GMAs oath-takling. SC saidkibitzers, however well-meaning, have no locusstandi.

It could not be treated as actions for quo warranto.Hindi sya quo warranto kasi non of the petitionersqualify in law to commence the action. They cannotshow that they are entitled to the position ofpresident. So hindi sya uubra as quo warranto. Socase dismissed.

In the case of Liban vs. Gordon, here the personinstituting quo warranto in his own behalf must claimand be able to show that he is entitled to the office indispute. Otherwise, the action may be dismissed atany stage. The petitioner do not claim to be entitled

to the Senate office of the respondent. Clearly,petitioners have no standing to file the presentpetition.

So before you initiate an action for quo warranto, besure (unless you are the SolGen) that you can claimand show entitlement to the position in question.

So kung i-question mo ang validity ng pagigingpresident ni Pnoy dapat maipakita nyo na you are

entitled to the position of president or any position forthat matter.

So these are the basic rules that you have toremember when it comes to quo warranto casesunder Rule 66.

Discussion ni maam after the break but beforestarting with Rule 67 on Expropriation

Grave abuse of discretion is not only limited to anarbitrary, despotic act. That is the common definition.

In a petition for certiorari case, you need todramatizena hindi lang ito based on law. Kungkaya mo silang hilain based on emotions/equitybecause the more effective your pleading is thenmas nakakatulong yun.

How do you show grave abuse of discretion? Whenthe abuse of discretion is basically grounded onhostility or on ignorance of the law by the tribunal othe judge, then you have to show that in yourpleadingthat glaringly, patently grave abuse ofdiscretion is present.

You dont have to put there the magic words graveabuse of discretion. All you have to do isdemonstrate the existence of grave abuse odicretion.

In drafting a petitioner for certiorari, it will bring out alyour creativity in order to show the grave abuse ofdiscretion.

If you strength is on the fact, then you pound on thefacts. If your strength is on the law, then you poundon the law. Pero kapag wala, eh di you pound on thetable. (haha! )

The drafting of a pleading is an art that you have tomaster!

sca tsn rules 62-66.docx

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