RULE 59: RECEIVERSHIP Note: it is best that before a receiver can discharge

his function, he should first secure the prior approval

What is the difference between receivership and of the court
receiver
- Receivership is the remedy, while receiver is A receivership cannot be affected with respect to a
the person property under custodial legis. However, in probate
proceedings, the court may appoint a receiver if the
Who is a receiver? property is in imminent danger of being lost.
- Receiver is appointed by the court and now
becomes the court officer. He is under the What happens if you refused to obey or cooperate
control and supervision of the court. He is with the receiver?
supposed to act on behalf of all the parties 1. You may be cited in contempt
for preserving the property. He must be 2. You may be held liable for damages
sworn in. He must act in the diligence of a 3. You may be held liable for the value of the
good father. property you neglect to surrender

GR: the person to be appointed as a receiver should Can a receivership be desolved?

not be a party to the case. He can only be appointed if - Yes. When the court finds the receivership
all of the parties have given their consent. no longer justified.
- Before the termination of the receivership,
What are the three bonds? the receiver must account.
1. Applicant’s bond What will happen if there are damages caused by the
2. Counter bond negligence of the receiver?
3. Receiver’s bond- this is to be determined by - You can go after the bond of the receiver.
the appointing court. - However, it can only be done in a separate
action and not by a motion.
The appointment of a receiver is interlocutory order
and cannot be subject of an appeal nor certiorari CASES
unless GAD. But when receivership is final order,
then, it can be subject of an appeal. But look at Sec.4, Normandy v. Duque
Rule 39. Even its appeal, the judgment on A receiver is a representative of the court appointed
receivership will not stay, it will be executed pending for the purpose of preserving and conserving the
appeal. property in litigation and prevent its possible
destruction or dissipation, if it were left in the
The appointment of a receiver does not create a lien possession of any of the parties. The receiver is not
and does not give undue preference to the applicant the representative of any of the parties but of all of
because he must act for and behalf of the court and them to the end that their interests may be equally
the parties. protected with the least possible inconvenience and
expense. It is inherent in the office of receiver not only
Can a receivership be lifted? that he should act at all times with the diligence and
- Yes. Receivership can be lifted or denied if prudence of a good father of a family but should also
such application is without sufficient cause or not incur any obligation or expenditure without leave
when the bond is insufficient. of the court and it is the responsibility of the court to
supervise the receiver and see to it that he adheres to
What are the powers of the receiver? the above standard of his trust and limits the
1. Bring and defend in such capacity cases for expenses of the receivership to the minimum.
and behalf of the parties.
o Notice Sec. 3, Rule 3: the receiver Vivares v. Reyes
can file a case on his own name as The power to appoint a receiver is a delicate one and
a receiver. should be exercised with extreme caution and only
o Eg: Pedro Cruz, receiver of … vs. under circumstances requiring summary relief or
2. To take and keep possession of the property where the court is satisfied that there is imminent
o Property under sec 1 of this rule, is danger of loss, lest the injury thereby caused be far
the subject of the suit greater than the injury sought to be averted. The court
o Under Rule 39, sec. 41, the should consider the consequences to all of the parties
property can also be the subject of and the power should not be exercised when it is
the auction sale likely to produce irreparable injustice or injury to
3. Receive rents, collect debts private rights or the facts demonstrate that the
4. Invest funds appointment will injure the interests of others whose
rights are entitled to as much consideration from the
court as those of the complainant
Alcantara v. Abbas What is the writ of replevin?
The general rule is that neither to a litigation should - Is a writ to recover possession of personal
be appointed receiver without the other's property unjustly detained.
consent because "a receiver ought to be an indifferent
person between the parties" and "should be impartial You cannot ask for a writ of replevin if you filed an
and disinterested" accion publiciana, since the primary purpose of
accion publiciana is who has a better right over the
Dollar v. Sundiam property and not to recover possession of property
Ordinarily, a receiver cannot be put on property which unjustly detained.
is already in custody, of the law under process from
another court of competent jurisdiction; and there When can you apply for WPI, WPA, and receivership?
cannot be more than one receiver over the same - You can apply for the application of
property. . . A court of equity has power to appoint a WPA,WPI even if there is already a
receiver of property which is already in the hand of an judgment that so long as it is not yet final
executor or administrator, but such power should be and executory. Receivership can be applied
exercised with caution, and a receiver should not be for even if the judgment has become final
appointed to take assets out of the hands of legally and has been executed.
appointed representatives except in cases of manifest
danger of loss or destruction of, or material injury to, When do you apply for a writ of replevin?
assets. . . Also, a receiver will be appointed when the - Note that it is only replevin that must be
executor or administrator has been guilty of applied for before the filling of an answer.
misconduct, waste, or misuse of assets, and there is
real danger of loss; and conversely, a receiver will not Which comes first: service of an answer or filing of an
be appointed to take assets from the custody of an answer?
executor or administrator unless there is manifest - Service of an answer
danger of loss or destruction of, or material injury to,
the assets and a receivership is clearly necessary to Damages is only incidental in replevin
protect and preserve the property
The defendant must be in actual or constructive
Central Sawmills v. Alto Surety possession of the property sought to be recovered.
The court is authorized to appoint a receiver for a
corporation to protect and preserve its property for the
use and benefit of its creditors and others who may REPLEVIN ATTACHMENT
have similar interest in the property. Rule 60 Sec. 1 (c), Rule 57
It may be sought only if You can avail it in any kind
Descallar v. CA the principal action is for of action
The appointment of a receiver is not proper where the the recovery of personal
rights of the parties (one of whom is in possession of property unjustly
the property), are still to be determined by the trial detained
court. The property taken is in It may be resorted to even
actual or constructive if the property is in the
Ventosa v. Fernan possession of the possession of a third
There was no evidence at all, showing that the person who is in person.
petitioner had been in the actual possession and possession of the
control of the ice-plant. As a matter of fact, an issue property
before that court is whether or not the intervenor had Can only extend to Can be extended to all
ever been in possession of the ice-plant or its personal properties propertied
properties. Neither is there evidence in said case that You cannot apply for It can be availed of even if
respondent- receiver took over the operation and replevin if the property the property is under
control of the said ice-plant is already in custodia custodial legis
legis, because it is not
Pacific Merchandising v. Consolacion Insurance unjustly detained. Example: I sued Pedro,
In order to bind the property or fund in his hands as who has an interest in the
receiver, he should have applied for and obtained Example: Because of a intestate estate of his
from the court authority to enter into the aforesaid search warrant, the car father under litigation. I
contract. Unauthorized contracts of a receiver do not is under custodia legis can have that interest
bind the court in charge of receivership. They are the attach
receiver's own contracts and are not recognized by
the courts as contracts of the receivership Are you required to submit an affidavit?
- Yes.
RULE 60: REPLEVIN
What will be contents that the applicant must state in On the other hand, if in that 5-day period, the person
the affidavit? who is in possession of the property posts a bond, the
- See Sec. 2, Rule 60 Sherrif must give back the property.

I filed a case against Lance and upon execution of the NOTE: Rule 39, Sec.16 (know this by heart, terciera)
judgment, the car of Aya was levied upon. Can Aya When the property does not belong to the judgment-
file a writ of replevin? debtor. This also applies to replevin
- No. Because in this case, the car has been - “Nothing herein contained shall prevent such
justly detained by reason of a court order. claimant or any third person from vindicating
his claim to the property in a separate action”
What is Aya’s remedy then? (replevin)
- File an action to annul the (foreclosure - In other words, of the property is with a third-
proceeding, if this is the main case) or lift the person, he can file a separate action
levy.
What are requisites for the recovery of the replevin
What are the examples of unjustly detained property? bond?
- I sued Izzel for not returning the car rented - Sec. 20 of 57. The requisites is the same
from me and likewise the non-payment of the fore WPA, WPI, and Replevin
rental fees 1. There must be an application
o In what form is the application? You
What is the replevin bond? can raise it as a counterclaim in
- Double the amount of the property as stated your Answer
in the affidavit 2. You should notify the plaintiff. This can be
easily done since there is already an answer.
What are the conditions of a replevin bond? But, if it is a separate application, notify the
1. The purpose is for the return of the plaintiff and most especially the surety.
property to the applicant if so adjudged. 3. The award of damages must be included in
2. Is to indemnify any loss he may suffer the judgment of the Court.
when compelled to surrender the
possession of the disputed property The surety’s liability under the replevin bond should
pending trial be included therefore in the final judgment

Eg: I sold my car to Izzel. Izzel borrowed money from Cases

Lance and used that money to pay me. Izzel executed
a chattel mortgage over the car as a security for the Bachrach Motor Company v. Summers
payment of his debt to Lance. Allegedly, according to - I bought a car but I cannot pay the whole
Lance, Izzel did not pay him. Now Lance wants the amount, hence, I will borrow from the bank.
property and files for a replevin. It was granted by the What will the bank do? It will pay the Car
court. Lance got the car. Center. Because it is paid, it will now be
registered under the name of the buyer. But,
However, Izzel was able to prove that he really did not the condition of the bank in the contract of
breach the obligation because he had already paid loan, is that the buyer must execute a chattel
the amount. The problem is the car was stolen. What mortgage over the car, in favor of the bank.
is the remedy of Izzel? Go after the replevin bond But, the possession of the car is with the
buyer. The mortgagor bank cannot disturb
When is the defendant entitled to the return of the the possession of the buyer with regards the
property taken by the Sherrif? car. It can only disturb the possession if the
1. When he seasonable post the delivery of the buyer failed to pay the amortizations. In the
replevin bond event of default, what will the bank do? The
2. When the plaintiff’s bond is insufficient bank will try to recover the possession of the
3. When the property by any reason car. Why does the bank what to be in
whatsoever has not been delivered to the possession of the car? Because it has to be
plaintiff sold in a public auction. The proceeds of
which will now be paid to the outstanding
The property shall be delivered to the applicant if debt.
there is no objection to the sufficiency of the bond he - In the case of Bachrach, what will happen if
posted 5 days from taking. And the 5 day period the buyer did not pay and it likewise started
begins from the time the Sheriff seizes the property hiding the car? Can the bank file a
and not from the time notice is served. mandamus to compel sherrif to get the
possession of the car? No. Even if it written
in the contract that I have to submit the car
 because it is not the ministerial act of the Izzel has no privity of contract with the Bank.
sherrif to recover possession of the property. How can the bank sue Izzel just because he
- What is the remedy therefore of the Bank? is in the possession of the property.
File an action for the recovery of the
possession of the property and include a - “Rule 60 of the Rules of Court allows a
prayer for the issuance of a writ of replevin. plaintiff, in an action for the recovery of
possession of personal property, to apply for
Fernandez v. ICT a writ of replevin if it can be shown that he is
- BP 129, Sec. 3 "the owner of the property claimed . . . or is
3. Writs and processes. — entitled to the possession thereof." The
a. Writs of certiorari, plaintiff need not be the owner so long as he
prohibition, mandamus, is able to specify his right to the possession
quo warranto, habeas of the property and his legal basis therefor.
corpus and injunction The question then, insofar as the matter
issued by a regional trial finds relation to the instant case, is whether
court may be enforced in or not the plaintiff (herein petitioner) who has
any part of the region. predicated his right on being the mortgagee
b. All other processes, of a chattel mortgage should implead the
whether issued by a mortgagor in his complaint that seeks to
regional trial court or a recover possession of the encumbered
metropolitan trial court, property in order to effect its foreclosure
municipal trial court or
municipal circuit trial court The answer has to be in the affirmative. In a
may be served anywhere suit for replevin, a clear right of possession
in the Philippines, and, in must be established. A foreclosure under a
the last three cases, chattel mortgage may properly be
without a certification by commenced only once there is default on the
the judge of the regional part of the mortgagor of his obligation
trial court. secured by the mortgage. The replevin in the
instant case has been sought to pave the
- Eg: I filed a case for injunction and asked of way for the foreclosure of the object covered
WPI in Manila. Can it be enforced in by the chattel mortgage. The conditions
Valenzuala? Yes. Because part of national essential for that foreclosure would be to
capital region. However, if the said writ is show, firstly, the existence of the chattel
enforced in Bulacan, is that proper mortgage and, secondly, the default of the
enforcement? No. mortgagor.

- Eg: Persons and Family: If you don’t know Without the presence of indispensable
the whereabouts of the child, where do you parties to a suit or proceeding, a judgment of
file? Court of Appeals because it can be a court cannot attain real finality.”
enforced anywhere
Stronghold Insurance Co. v. Court of Appeals
- Sec. 5, Rule 60 related in Fernandez case - Purpose of the Bond: Firstly, the bond is filed
to ensure the return of the property of the
Servicewides Specialists Inc. v. Court of Appeals defendant if the return of the property is
- The mortgagor is an indispensable party in adjudge. Secondly, when the payment to the
Replevin defendant of such sum in order to recover
from the plaintiff in the action.
- Eg: I executed a chattel mortgage in favor of
the Bank. I did not pay. Then, the bank filed - In the case at bar, all the necessary
an action for the recovery of the car and ask conditions for proceeding against the bond
for a writ of replevin against Izzel because are present, to wit:
he is in possession of the property. Izzel filed I. the plaintiff a quo, in
a motion to implead me. If you were the bad faith, failed to
judge will you grant it? Yes. Because, I, the prosecute the action,
mortgagor is an indispensable party and after retrieving
the property, it
- Why am I an indispensable party? Firstly, promptly disappeared;
How will the bank be able to prove that I II. the subject property
breached when I am not part of the case. I disappeared with the
am entitled to prove that I did not breach it plaintiff, despite a
and was able to sell it to Izzel. Secondly,
 court order for their Replevin is a possessory action, the gist of
return; and which is the right of possession in the
III. a reasonable sum plaintiff. The primary relief sought therein is
was adjudged to be the return of the property in specie
due to respondent, by wrongfully detained by another person. It is
way of actual and an ordinary statutory proceeding to
exemplary damages, adjudicate rights to the title or possession of
attorney's fees and personal property. The question of whether
costs of suit." or not a party has the right of possession
over the property involved and if so, whether
Chua v. Court of Appeals or not the adverse party has wrongfully taken
- We rule that where personal property is and detained said property as to require its
seized under a search warrant and there is return to plaintiff, is outside the pale of
reason to believe that the seizure will not competence of a labor tribunal and beyond
anymore be followed by the filing of a the field of specialization of Labor Arbiters
criminal action, and there are conflicting
claims over the seized property, the proper Sebastian v. Valino
remedy is the filing of an action for replevin, - Under the Revised Rules of Court, the
or an interpleader filed by the Government in property seized under a writ of replevin is not
the proper court, not necessarily the same to be delivered immediately to the plaintiff.
one which issued the search warrant; The sheriff must retain it in his custody for
however, where there is still a probability that five days and he shall return it to the
the seizure will be followed by the filing of a defendant, if the latter, as in the instant case,
criminal action, as in the case at bar where requires its return and files a counterbond
the case for carnapping was "dismissed (Sec. 4, Rule 60, Revised Rules of Court). In
provisionally, without prejudice to its violation of said Rule, respondent sherrif
reopening once the issue of ownership is immediately turned over the seized articles
resolved in favor of complainant", or the to PDCP (plaintiff). His claim that the Office
criminal information has actually been of the Regional Sheriff did not have a place
commenced, or filed, and actually to store the seized items, cannot justify his
prosecuted, and there are conflicting claims violation of the Rule.
over the property seized, the proper remedy
is to question the validity of the search - The sheriff must retain it in his custody for
warrant in the same court which issued it five days and he shall return it to the
and not in any other branch of the said court. defendant, why 5 days?
1. To question the sufficiency of the bond
Smart Communications Inc. v. Astorga filed by plaintiff
- CA made the following disquisition: We 2. And to allow defendant to post a bond
doubt that [SMART] would extend [to for the return of the property
Astorga] the same car plan privilege were it
not for her employment as district sales Can the defendant still post a redeliver bond even
manager of the company. Furthermore, there after the lapse of the 5-day period? Yes. However, do
is no civil contract for a loan between not expect that property is to be re delivered
[Astorga] and [Smart]. Consequently, We immediately. It is not the Sherrif that will deliver the
find that the car plan privilege is a benefit property now but the plaintiff because the latter has
arising out of employer-employee the possession already. This only shows that Sherrif
relationship. Thus, the claim for such falls cannot possess the property while the case is
squarely within the original and exclusive pending.
jurisdiction of the labor arbiters and the
NLRC Siy v. Tomlin
- Siy is the principal. Ong is the agent. Tomlin
- SC: We do not agree. Contrary to the CA's is the buyer
ratiocination, the RTC rightfully assumed - SC ruled that Ong was acting for and in
jurisdiction over the suit and acted well within behalf of Siy by virtue of implied or oral
its discretion in denying Astorga's motion to agency. Ong was thus able to sell the
dismiss. SMART's demand for payment of vehicle to Chua. Since Ong was able to sell
the market value of the car or, in the the subject vehicle to Chua, Siy thus ceased
alternative, the surrender of the car, is not a to be the owner thereof. Nor is he entitled to
labor, but a civil, dispute. It involves the the possession of the vehicle, together with
relationship of debtor and creditor rather his ownership, Siy lost his right of
than employee-employer relations possession over the vehicle. Siy had no right
to file said report, as he was no longer the
 owner of the vehicle at the time, indeed, his against Lawrence with a prayer of support pendent
right of action is only against Ong, for lite. Can the court grant support pendent lite?
collection of the proceeds of the sale. - No. Rochelle is not entitled for support
Considering that he was no longer the owner because the second marriage is void since.
or rightful possessor of the subject vehicle at Lawrence did not file a petition for the
the time he filed civil Case, Siy may not seek declaration of presumptive death
a return of the same through replevin.
Note: Support is payable on demand, in other words,
Enriquez v. Mercantile Insurance support is demandable when needed and payable
- The bond that was posted even when the when demanded.
applicant did not pay regularly, why?
Because under Guidelines on Corporate Can you file for a motions reduction or an increase for
Surety Bonds, a surety bond remains support even after judgment of support is final and
effective until the action or proceeding is executory which is no longer a subject of appeal?
finally decided, resolved, or terminated. This - Yes. You don’t need to file for a separate
condition is deemed incorporated in the action for that. And therefore, secs. 4, 5, 6,
contract between the applicant and the or Rule 39 does not apply.
surety, regardless of whether they failed to - The concept of finality does not apply. It can
expressly state it. change depending on the circumstances.

- What is the lifetime of the surety bond? The Support pendent lite can be granted if you can prove,
supreme court says that the time or duration even preliminarily, that you are entitlement for support
of the effectivity of any bond issued in
criminal, civil or special proceedings cases, Eg: Lawrence married Ruth. Lawrence and Ruth
shall from the approval by the court until the separated in fact. Ruth commits an adulterous
action or proceeding is finally decided, relationship with Josh. After sometime, Ruth broke up
resolved, or terminated. With that, surety will with paramour Josh. Ruth now wants to get back with
always be liable. If applicant cannot pay, run Lawrence but Lawrence does not want to accept her.
after the surety. As far as the Court is Ruth files an action for support. Can the court grant
concerned, the bond posted by the surety it?
will remain effective until the case has been - No. Because Ruth committed acts which
fully be terminated. give rise for a ground of legal separation.

RULE 61: SUPPORT Eg: Campos v. Rivera case

Lawrence physically abuse wife Ruth because Ruth
Support ‘pendente lite’ is the only remedy that can be does not want “to perform indecent acts to his
a subject of motion for execution genitals.” Ruth left Lawrence. Ruth files an action for
support and asked for support pendent lite. If you
When do you apply? were the judge will you grant it? Remember it was
- Anytime before the judgment becomes final Ruth who left.
and executory - Yes. Because Ruth’s departure from the
conjugal home was a justifiable ground.
Support pendent lite can be your provisional remedy - A women is not forced to do things she does
in action for support, petition for nullity, annulment not like.
and even legal separation - Guys, do not treat your girls as chattels.
They are not your mortgages.
If support was issued and prayed for in an action for
support, and there is an order of support pendent, can San Juan v. Valenzuela (not in the list)
it be a subject of appeal? - When you speak of an order for support
- No. It cannot be a subject of appeal. But you pendent lite it is not final and therefore can
can question in under Rule 65 GADALEJ be change. In fact, a judgment for support
while a final order, can still be changed
If the main complaint for support is a final judgment depending on the circumstances of the
then, the remedy is appeal. But even if you appeal the parties.
judgment of support, it can be executed as a matter of
right. Why? Support is subject of execution even Vasco v. Court of Appeals(not in the list)
pending appeal. - Support pendente lite is immediately
executory and should not be lost and not be
EG: Lawrence is married to Ruth. Ruth disappeared. stayed pending appeal.
After 6 years, Lawrence married for the second time - Execution pending appeal can no longer be
Rochelle. Rochelle filed now an annulment case acted upon by the lower court because the
court has already lost its jurisdiction.
 - Minimum of 2 defendants
Eg: You did not file any support pendente lite at all in - Plaintiff has no cause of action
an action for nullity of marriage. Can you still file for
support if the action is still on appeal? Eg: Parties: Lessee, Lessor, and the creditor of
- Yes. Lessor
What if there is already a judgment? - Creditor went to lessee to inform that lessor
- You can do so, if the court has still residual has an outstanding obligation to him
jurisdiction. amounting to 100k. creditor insisted that
But if it has appealed and all the records of pursuant to a MOA all receivables from the
appeal are transmitted to the appellate court, rent shall be paid to him.
where do you file the motion for support - Lessor comes to lessee informing that
pendente lite? rentals should still be paid to him because
- Apply to the appellate court MOA is invalid
- Q: Can the lessee choose not to pay
Calderon v. Roxas because of the existing conflicting claims?
- An order granting or denying motion for - A: NO. Because, lessor can file an unlawful
support pendente lite is an interlocutory detainer case against lessee. Remedy is an
order hence, it is not an final order which interpleader case; forced themselves to
can be a subject of an appeal. Only under litigate between themselves who is entitled
rule 65. to receive the said amount. ther
- Note: you have to consign the rentals in
SPECIAL CIVIL ACTIONS (SCA) court. Hence, what should be filed is an
interpleader with consignation.
Why are they called special civil actions?
- Because they are governed by a specific There are three documents will be served after filing
rules which are not applicable to ordinary of an interpleader case
civil actions 1. Order for them to interpleader
- There are rules in ordinary actions which are 2. Complaint
applicable to special civil actions, but there 3. Summon
are rules regarding special civil actions
which are not applicable to ordinary civil What is the difference between interpleader and
actions intervention?

What are the special civil actions that may be initiated Interpleader (Rule 62) Intervention (Rule 19)
by complaint? Original and main Axillary action
a) Interpleader action
b) Expropriation The plaintiff has no Proper only in 4 situations:
c) Foreclosure or REM interest whatsoever in Sec. 1, Rule 19:
d) Partition the subject of the suit 1. A person who has
e) Forcible entry a legal interest in
f) Unlawful detainer the matter in
What are the special civil actions that may be filed by litigation; or
petition? 2. In the success of
a) Declaratory relief either of the
b) Review of judgments and final orders or parties; or
resolution of COMELEC and COA 3. An interest
c) Certiorari, Mandamus, prohibition against both; or
d) Contempt 4. Is so situated as
to be adversely
What are the SCA that may be filed before an inferior affected by a
court, MTC? distribution or
1. Interpleader, depending upon the complaint other disposition
2. Ejectment suits because of Rules on of property in the
Summary Procedure custody of the
3. Contempt court or of an
officer thereof
RULE 62: INTERPLEADER
Stranger to the main action
What is an interpleader? The defendants are The defendants are
- See Sec.1, Rule 62 being sued precisely to already the original parties
interplead in the action
Note:
When is interpleader proper? Maglente v. Judge Padilla
1. When there are conflicting claims - Petitioners are not entitled for a writ of
2. Upon the same subject matter made against possession because the interpleader case
the person, who has no interest at all merely resolved the question of who,
between the petitioners and respondents,
Can you file a Motion to Dismiss? had the right to purchase PRC’s property.
- Yes The directive was only for PRC to execute
the necessary contract in favor of petitioners
Can you file an answer? as the winning parties, nothing else.
- Yes - A writ of possession shall issue only in the
following instances:
Can you file a reply? 1. land registration proceedings;
- You may or may not. But, remember, if it is 2. extrajudicial foreclosure of mortgage of
an actionable document, then, reply is real property;
necessary 3. judicial foreclosure of property provided
that the mortgagor has possession and
Can you declared in default? no third party has intervened, and
- Yes. 4. execution sales.
- NOTE: a Cadastral court can issue writ of
Can the plaintiff recover the cost of suit? possession
- Yes. Sec. 7
RULE 63: DECLARATORY RELIEF AND SIMILAR
Where will you file a case of interpleader for a REMEDIES
rescission of contract?
- RTC. Incapable of pecuniary estimation Who may file a petition for declaratory relief?
1) Any person interested under a deed , will,
How about specific performance? contract or other written instrument, or
- Still RTC 2) Whose rights are affected by a statute,
executive order or regulation, ordinance, or
CASES any other governmental regulation

Ocampo v. Tirona Note: that the subject of a declaratory relief is

- An action for interpleader is proper when the something that is written
lessee does not know the person to whom to
pay rentals due to conflicting claims on the What is the condition which is mandatory and
property. necessary before you can file a petition for
- NOTE: do not forget to consign. Not a bank declaratory relief?
account in trust for the defendants - No breach
- The remedy is afforded not to protect a - If there is a breach, then it is likely that the
person against a double liability but to action is an ordinary civil action where one of
protect him against a double vexation in the elements of a cause of action is breach.
respect of one liability. Hence, a petition for declaratory relief has no
cause of action
Wack Wack Golf and Country Club v. Won
- The instant interpleader suit cannot prosper Petition for declaratory relief in tax laws or ordinances
because the Corporation had already been case
made independently liable in civil case and, - You have to pay the tax due in protest. And
therefore, its present application for then, file a declaratory relief
interpleader would in effect be a collateral - Because if you don’t pay the tax due, you
attack upon the final judgment in the said cannot file declaratory relief petition because
civil case; the appellee Won had already there is a breach
established his rights to membership fee
certificate 201 in the aforesaid civil case and, Where do you file?
therefore, this interpleader suit would compel - RTC
him to establish his rights anew
What is the purpose?
Makati Development Corp v. Tanjuatco - To determine any question of construction or
- The jurisdiction of the courts in personal validity arising, and for a declaration of his
actions of interpleader cases depends upon rights or duties
the value and demand, exclusive of interest
or the value of the property in controversy.
Look at the title: Declaratory relief and similar What is the exception?
remedies. What are the other “similar remedies” - The ruling in DBM v. Manila Finest Retirees
covered under this rule? - The consequences of the filing of declaratory
1) An action for reformation of an instrument relief is to ask payment
(1359- 1369, NCC –Obligations and
Contracts) Can I file a third party complaint in a petition for
2) An action to quiet title to real property or declaratory relief?
remove cloud therefrom (476-481, NCC – - What is the purpose of third party complaint?
Land Titles) - NO. Because it presupposes breach
3) An action to consolidate ownership (1607,
NCC - Sales) What if the petition for declaratory relief is filed and
while the case is pending, a breach occurred?
What is the subject matter? - The case will not be dismissed but it will be
1) Deed, will, contract or other written converted to an ordinary civil action.
instrument
2) Statute, executive order, regulation, CASES
ordinance
Ferrer v. Roco
What is the issue of the case? It is settled that the requisites of an action for
- Validity or construction of such documents declaratory relief are:
1) The subject matter of the controversy must
What are the requisites? be a deed, will, contract or other written
1) The subject matter of the controversy must instrument, statute, executive order or
be a deed, will, contract or other written regulation, or ordinance;
instrument, statute, executive order or 2) The terms of said documents and the validity
regulation, or ordinance; thereof are doubtful and require judicial
2) The terms of said documents and the validity construction;
thereof are doubtful and require judicial 3) There must have been no breach of the
construction; documents in question;
3) There must have been no breach of the 4) There must be an actual justiciable
documents in question; controversy or the "ripening seeds" of one
4) There must be an actual justiciable between persons whose interests are
controversy or the "ripening seeds" of one adverse;
between persons whose interests are 5) The issue must be ripe for judicial
adverse; determination; and
5) The issue must be ripe for judicial 6) Adequate relief is not available through other
determination; and means or other forms of action or
6) Adequate relief is not available through other proceeding.
means or other forms of action or
proceeding. - No ripening of seeds in this case

Declaratory relief is not available in unilateral actions, DBM v. Manila Finest Retirees
such as? - There is nothing in the nature of a special
- Declaration of citizenship civil action for declaratory relief that
proscribes the filing of a counterclaim based
What do you mean by “ripening of the seeds?” on the same transaction, deed or contract
- There must be a threatened litigation in the subject of the complaint. A special civil
immediate future which litigation is imminent action is after all not essentially different
and inevitable unless sought a declaratory from an ordinary civil action, which is
relief. generally governed by Rules 1 to 56 of the
Rules of Court, except that the former deals
Sec 2, of Rule 63 provides that non-joinder of parties with a special subject matter which makes
is not jurisdictional necessary some special regulation. But the
identity between their fundamental nature is
Sec 5, Rule 63 applies only to declaratory relief. The such that the same rules governing ordinary
court cannot moto proprio or upon motion may refuse civil suits may and do apply to special civil
to exercise the power to declare rights and to actions if not inconsistent with or if they may
construe instruments in other similar reliefs serve to supplement the provisions of the
peculiar rules governing special civil actions.
GR: Rule 39 does not apply? Why?
- Because there is no filing as to breach Almeda v. Bathala Marketing Industries Inc.
 - Example of a case where petition for 3) Private respondent task to issue final
declaratory relief is founded on a lease judgments of COMELEC or COA (nominal
contract party)

Monetary Board v. Philippine Veteran’s Bank What will be your prayer in Rule 64?
- The decision of the BSP Monetary Board - To annul the judgment
cannot be a proper subject matter for a
petition for declaratory relief since it was Where do you file Rule 64?
issued by the BSP Monetary Board in the - With the Supreme Court
exercise of its quasi-judicial powers or
functions. Can you file a comment immediately?
- Court decisions cannot be the proper - NO. Wait for the order of the SC requiring
subjects of a petition for declaratory relief, your comment.
decisions of quasi-judicial agencies cannot
be subjects of a petition for declaratory relief Note: that the filing of Rule 64 does not stay the
for the simple reason that if a party is not execution of the judgment or final order of COA or
agreeable to a decision either on questions COMELEC. If you want to stop, then, your rule 64
of law or of fact, it may avail of the various petition must contain an application for the issuance
remedies provided by the Rules of Court of TRO and/or WPI
- If monetary board’s decision is vague, the
proper remedy is not declaratory relief, but a What are the period of effectivity of TRO issued by
motion for clarification. RTC, CA, and SC?
- RTC- 20 days
- CA – 60 days
RULE 64: REVIEW OF JUDGMENTS AND FINAL - SC – until lifted by SC
ORDERS OR RESOLUTIONS OF THE
COMMISSION ON ELECTIONS AND THE Note: in RTC and CA-issued-TROs, after the lapse of
COMMISSION ON AUDIT. the period, they shall be deemed vacated. No
extension is allowed
What are the other constitutional bodies aside from
COMELEC and COA? The findings of facts by COMELEC and COA if
- Civil Service Commission supported by substantial evidence are deemed of
respect by the SC
What is the remedy of CSC then?
- Appeal What do you mean by substantial evidence?

Rule 64 is a mode of review which must be brought

on Certiorari on Rule 65 before the Supreme Court. CASES
- Note that it is not Rule 65, but rather Rule
65. What you file is Rule 64 but your ground Jumamil v. COMELEC
is that of Rule 65 which are errors of - The Supreme Court has no power to review
jurisdiction via certiorari, an interlocutory order or even a
final resolution of a Division of the
When do you file it? Commission on Elections.
- 30 days. Unlike Rule 65, it is 60 days - It should be a final order or resolution of the
COMELEC en banc
Note: Only if MR and MNT is allowed, then it stops
the running of the period for filling of a Rule 64 Repol v. COMELEC
petition. But if the rules of COMELEC and COA - General rule that only final orders of
disallow the filing of MR and MNT then it will not stop COMELEC en banc can be subject of a
the running of the period. petition for review for certiorari via Rule 64
- This Court, however, has ruled in the past
Does the Neypes Ruling apply in Rule 64? that this procedural requirement [of filing a
- NO. Because, it is applicable only to motion for reconsideration] may be glossed
Appeals. What you bring to the SC is an over to prevent a miscarriage of justice,
original special civil action. when the issue involves the principle of
social justice or the protection of labor, when
Who do you implead? (Same as Rule 65) the decision or resolution sought to be set
1) Petitioner- The aggrieved party aside is a nullity, or when the need for relief
2) Public respondent- COMELEC or COA is extremely urgent and certiorari is the only
adequate and speedy remedy available.
Diocese of Bacolod v. COMELEC (Team Buhay v. (g) where the proceedings in the lower
Team Patay) court are a nullity for lack of due
- Based on ABS-CBN, this court could review process;
orders and decisions of COMELEC — in (h) where the proceeding was ex parte
electoral contests — despite not being or in which the petitioner had no
reviewed by the COMELEC En Banc, if: opportunity to object; and
1) It will prevent the miscarriage of justice; (i) where the issue raised is one purely
2) The issue involves a principle of social of law or public interest is involved.
justice;
3) The issue involves the protection of labor; Fontanilla v. COA
4) The decision or resolution sought to be - In our examination of the petition and the
set aside is a nullity; or records, we found that although the petition
5) The need for relief is extremely urgent and does not expressly use the technical terms
certiorari is the only adequate and speedy "grave abuse of discretion" and "errors of
remedy available. jurisdiction" Dr. Fontanilla's claim that the
COA did not give him the chance to explain
- This present order of the COMELEC to take his side (No summons, not participated in
down the tarpaulins pertains to acts of the proceedings), if true, would characterize
COMELEC in the implementation of its the COA's act as grave abuse of discretion.
regulatory powers. When it issued the notice Thus, requiring the COA to comment was
and letter, the COMELEC was allegedly the more appropriate course of action to
enforcing election laws. Rule 64 applies only take, rather than to summarily deny the
in COMELEC’s exercise of its adjudicatory or petition.
quasi-judicial power. - This is the case where the SC treated the
Rule 45 of petitioner as Rule 64
Causing v. COMELEC
- The well-established rule is that the motion Barangay Chairman Chua v. COMELEC
for reconsideration is an indispensable - To reiterate, a petition for certiorari under
condition before an aggrieved party can Rule 64 must be filed within thirty (30) days
resort to the special civil action for certiorari from notice of judgment, final order or
under Rule 65 of the Rules of Court resolution sought to be reviewed. If a motion
- The rule is not absolute, however, for reconsideration is filed and eventually
considering that jurisprudence has laid down denied, the aggrieved party may file the
exceptions to the requirement for the filing of petition within the remaining period, which
a petition for certiorariwithout first filing a shall not be less than five (5) days in any
motion for reconsideration, namely: event, reckoned from notice of denial.
(a) where the order is a patent nullity, - In COMELEC rules you can only file an MR if
as where the court a quo has no it involves election offenses. What was file
jurisdiction; by petitioner is not an election offense, but
(b) where the questions raised in the rather that he should have won the case
certiorari proceedings have been because of the anomalies in the conduct of
duly raised and passed upon by the voting.
lower court, or are the same as - Since COMELEC rules does not allow MR in
those raised and passed upon in the election protest, then, it does not stop the
the lower court; running of the period to file a Rule 64
(c) where there is an urgent necessity petition, hence, outside the reglementary
for the resolution of the question, period.
and any further delay would
prejudice the interests of the RULE 65: CERTIORARI, PROHIBITION,
Government, or of the petitioner, or MANDAMUS
the subject matter of the petition is
perishable; PETITION FOR CERTIORARI
(d) where, under the circumstances, a
motion for reconsideration would be What are the differences of Certiorari, Prohibition, and
useless; Mandamus?
(e) where the petitioner was deprived
of due process, and there is As to the purpose
extreme urgency for relief; - Certiorari is intended to correct an act
(f) where, in a criminal case, relief performed by the respondent which
from an order of arrest is urgent, AWEJ/GADALEJ
and the granting of such relief by - Prohibition is to prevent a commission or
the trial court is improbable; carrying of an act
 - Mandamus is to compel the performance the from the injuries effects of the order. Secondly, to
act desired. afford the court the chance to correct itself.
EXPS:
As to the act/s so to be controlled? 1. Where the order is a patent nullity, as where
- Certiorari extends to discretionary acts the court a quo has no jurisdiction;
- Prohibition extends to discretionary and/or 2. Where the questions raised in the certiorari
ministerial acts proceedings have been duly raised and
- Mandamus extends to ministerial acts passed upon by the lower court, or are the
same as those raised and passed upon in
As to the respondent the lower court;
- Certiorari: those exercising judicial and 3. Where petitioner was deprived of due
quasi-judicial functions process and there is extreme urgency for
- Prohibition: Judicial or non-judicial relief
- Mandamus: any party performing ministerial
acts. It can be judicial or non-judicial What are the examples when the Court allowed rule
65 petition even when appeal is available?
What do you mean when an entity is exercising 1. When appeal, does not constitute as the
judicial function? plain, speedy, and adequate remedy
- Power to determine and adjudicate the legal 2. Where the orders are in excess or
rights of the parties without jurisdiction
3. Or for special considerations
What do you mean “without jurisdiction”?
- If it has no power to determine and to decide GR: Questions of fact cannot be raised in petitions for
the case certiorari

What do you mean “In excess of jurisdiction”?

- That entity has the power to decide but PETITION FOR PROHIBITION
exercised it in GAD
Where should you file petitions for prohibition?
How do you say that respondent acted in GAD? - RTC, CA, and SC (Observe Hierarchy of
- Capriciously, arbitrarily, whimsically, and Courts Rule)
despotically
Where do you file petition for injunction, which is a
Example of without jurisdiction: principal action?
- A case for collection of sum of money - RTC.
amounting to 1 million, filed with the MTC.
Worse, the judge made it a summary Where do you file a writ of preliminary injunction?
procedure. MTD, denied. - MTC, RTC, CA, and SC
- RTC acted on an unlawful detainer case.
Note: You can file simultaneously certiorari and
Example of in excess of jurisdiction: prohibition. But, you cannot file simultaneously
- I filed a 1 million case against Gorge filed certiorari and mandamus; and, prohibition and
with the RTC. In the promissory note, the mandamus.
case should be filed exclusively with the
Courts of the Quezon City, but I filed it in Can prohibition lie against a judicial function?
Makati. RTC has jurisdiction to hear the 1 - Yes.
Million case. A MTD filed by Gorge on the
ground of wrong venue pursuant to the Can prohibition lie against legislative function?
exclusivity clause in the PN. Court denied it. - No. Separation of Powers

The remedies under 65 are applicable only under Can prohibition lie against executive function?
extra-ordinary cases. - Yes, but exhaust administrative remedies
first. Only then there is no plain, speedy, and
GR: When appeal is proper, Certiorari will not prosper adequate remedy
(Because, there are cases when appeal is available
but the judgment is patently void, Rule 65 is the PETITION FOR MANDAMUS
speediest remedy to relieve you from the injurious
effects of the judgment) EG: I filed a notice of appeal with the RTC. I filed it
within the reglementary period. I paid the required
GR: Filing of a MR is required before filing a rule 65 docket fees. Denied. MR, Denied because it is the
petition because, firstly, it is the plain, speedy, and wrong mode since MR provides that I appealed it to
adequate remedy which will promptly relieved you the CA on pure questions of law. Filed MR, denied.
 - What should I file? Mandamus (Dean Mawis’ cannot be allowed. The administration of
opinion) justice would not survive such a rule.
- Reason: it is the ministerial duty of the court Consequently, an error of judgment that the
to approve it since I filed a notice of appeal court may commit in the exercise of its
and paid docket fees within the reglementary jurisdiction is not correct[a]ble through the
period. It is my statutory right to appeal original civil action of certiorari
- Even though I filed the wrong remedy,
remember that RTC has no right to deny The supervisory jurisdiction of a court over
notice of appeal except filing out of time and the issuance of a writ of certiorari cannot be
non-payment of docket fees. exercised for the purpose of reviewing the
intrinsic correctness of a judgment of the
What if I filed it on time but did not pay the docket lower court — on the basis either of the law
fees. MTD by the other party, yet, the court approved or the facts of the case, or of the wisdom or
it? legal soundness of the decision. Even if the
- Remedy: MR first. Once denied, Certiorari findings of the court are incorrect, as long as
(for GAD) and prohibition (for the transmittal it has jurisdiction over the case, such
of the records). But, you have to annul first correction is normally beyond the province of
the decision of granting the appeal certiorari. Where the error is not one of
jurisdiction, but of an error of law or fact — a
Before mandamus can lie, petitioner must first prove mistake of judgment — appeal is the
that he has a well- defined, clear, and certain right. remedy.

Petition for mandamus will be dismissed if there are As to the Manner of Filing. Over an appeal, the CA
other administrative remedies are available, for the exercises its appellate jurisdiction and power of
reason that they are your plain, speedy, and adequate review. Over a certiorari, the higher court uses its
remedy. original jurisdiction in accordance with its power of
control and supervision over the proceedings of lower
Can damages be awarded for petitions for certiorari, courts. An appeal is thus a continuation of the original
prohibition, and mandamus? suit, while a petition for certiorari is an original and
- Yes. When you file it before the RTC and CA independent action that was not part of the trial that
- Not the SC, because SC is not the trier of had resulted in the rendition of the judgment or order
facts complained of. The parties to an appeal are the
original parties to the action. In contrast, the parties to
Who are the respondents? a petition for certiorari are the aggrieved party (who
- Pubic respondent (nominal party) and private thereby becomes the petitioner) against the lower
respondent (indispensable party) court or quasi-judicial agency, and the prevailing
- The duty of private respondents is to submit parties (the public and the private respondents,
arguments to sustain the said judgment or respectively).
resolution assailed of.
As to the Subject Matter. Only judgments or final
TAGLE: 49: 26 orders and those that the Rules of Court so declared
are appealable. Since the issue is jurisdiction, an
CASES original action for certiorari may be directed against
an interlocutory order of the lower court prior to an
Tagle v. Equitable PCI Bank appeal from the judgment; or where there is no
The difference between a Petition for Review on appeal or any plain, speedy or adequate remedy
Certiorari (an appeal by certiorari) and a Petition for
Certiorari (a special civil action/an original action for
Certiorari), under Rules 45 and 65: As to the Period of Filing. Ordinary appeals should
be filed within fifteen days from the notice of judgment
As to the Purpose. Certiorari is a remedy designed or final order appealed from. Where a record on
for the correction of errors of jurisdiction, not errors of appeal is required, the appellant must =le a notice of
judgment. In Pure Foods Corporation v. NLRC, we appeal and a record on appeal within thirty days from
explained the simple reason for the rule in this light: the said notice of judgment or final order. A petition
for review should be filed and served within fifteen
When a court exercises its jurisdiction, an days from the notice of denial of the decision, or of
error committed while so engaged does not the petitioner's timely =led motion for new trial or
deprive it of the jurisdiction being exercised motion for reconsideration. In an appeal by certiorari,
when the error is committed. If it did, every the petition should be =led also within fifteen days
error committed by a court would deprive it from the notice of judgment or final order, or of the
of its jurisdiction and every erroneous denial of the petitioner's motion for new trial or motion
judgment would be a void judgment. This for reconsideration.
 substantially modifying its March 29, 1996 Decision
On the other hand, a petition for certiorari should be which had already become final and executory, was in
filed not later than sixty days from the notice of gross disregard of the rules and basic legal precept
judgment, order, or resolution. If a motion for new trial that accord finality to administrative determinations
or motion for reconsideration was timely =led, the
period shall be counted from the denial of the motion. Dauz v. Eleosida
The petitioner’s remedy was to appeal, if he should
As to the Need for a Motion for Reconsideration. A after hearing on the merits, be convicted in the justice
motion for reconsideration is generally required prior of the peace court. Needless to add, where appeal is
to the filing of a petition for certiorari, in order to afford available, certiorari and prohibition do not lie.
the tribunal an opportunity to correct the alleged
errors. Note PNB v. Intestate Estate of Francisco de Guzman
also that this motion is a plain and adequate remedy Having declared that the filing of a second motion for
expressly available under the law. Such motion is not reconsideration that merely reiterates the arguments
required before appealing a judgment or final order in the first motion is subject to denial, the Court held
that the 60-day period for filing a petition for certiorari
shall be reckoned from the trial court’s denial of the
Dacudao v. Gonzales first motion for reconsideration, otherwise, indefinite
The fact that the DOJ is the primary prosecution arm delays will ensue.
of the Government does not make it a quasi-judicial
office or agency. Its preliminary investigation of cases Further, the pleading has no other purpose but to
is not a quasi-judicial proceeding. Nor does the DOJ delay the proceedings.
exercise a quasi-judicial function when it reviews the
findings of a public prosecutor on the finding of Santos v. CA
probable cause in any case. There are three (3) essential dates that must be
stated in a petition for certiorari brought under Rule
Fortich v. Corona 65. First, the date when notice of the judgment or final
An error of judgment is one which the court may order or Resolution was received; second, when a
commit in the exercise of its jurisdiction, and which motion for new trial or reconsideration was filed; and
error is reviewable only by an appeal. On the other third, when notice of the denial thereof was received.
hand, an error of jurisdiction is one where the act
complained of was issued by the court, officer or a Ga Jr. v. Tubungan
quasi-judicial body without or in excess of jurisdiction, Appeal is an available remedy in this case but the
or with grave abuse of discretion which is tantamount judgment is void, hence, Rule 65 is likewise an
to lack or in excess of jurisdiction. This error is available remedy.
correctable only by the extraordinary writ of certiorari
Bank of Commerce v. RPN
The office of the President was in error when it Action fell within the recognized exceptions to the
modified a decision which had already become final need to file a motion for reconsideration before filing a
and executory— When the Office of the President petition for certiorari.
issued the Order dated June 23 1997 declaring the An urgent necessity for the immediate resolution of
Decision of March 29, 1996 final and executory, as no the case by the CA existed because any further delay
one has seasonably filed a motion for reconsideration would have greatly prejudiced Bank of Commerce.
thereto, the said Office had lost its jurisdiction to re-
open the case, more so modify its Decision. Having Yusay v. CA
lost its jurisdiction, the Office of the President has no For a petition for certiorari to prosper, the essential
more authority to entertain the second motion for requisites that have to concur are:
reconsideration filed by respondent DAR Secretary, (1) the writ is directed against a tribunal, a
which second motion became the basis of the board or any officer exercising judicial or
assailed "Win-Win" Resolution. Section 7 of quasi-judicial functions;
Administrative Order No. 18 and Section 4, Rule 43 of (2) such tribunal, board or officer has acted
the Revised Rules of Court mandate that only one (1) without or in excess of jurisdiction, or with
motion for reconsideration is allowed to be taken from grave abuse of discretion amounting to lack
the Decision of March 29, 1996. And even if a second or excess of jurisdiction; and
motion for reconsideration was permitted to be filed in (3) there is no appeal or any plain, speedy and
"exceptionally meritorious cases," as provided in the adequate remedy in the ordinary course of
second paragraph of Section 7 of AO 18, still the said law
motion should not have been entertained considering
that the first motion for reconsideration was not No rights can be conferred by and be inferred from a
seasonably filed, thereby allowing the Decision of resolution, which is nothing but an embodiment of
March 29, 1996 to lapse into finality. Thus, the act of what the lawmaking body has to say in the light of
the Office of the President in reopening the case and attendant circumstances. In simply expressing its
sentiment or opinion through the resolution, therefore,
the Sangguniang Panglungsod in no way abused its
discretion, least of all gravely, for its expression of
sentiment or opinion was a constitutionally protected
right.

Aurillo Jr. Rabi

Although the general rule is that a writ of prohibition
issues only to restrain the commission of a future act,
and not to undo an act already performed, where
anything remains to be done by the court, prohibition
will give complete relief, not only by preventing what
remains to be done but by undoing what has been
done.

Enriquez v. Macadaeg
While the respondent judge committed a manifest
error in denying the motion, mandamus is not the
proper remedy for correcting that error, for this is not
a case where a tribunal "unlawfully neglects the
performance of an act which the law specifically
enjoins as a duty resulting from an office" or
"unlawfully excludes another from the use and
enjoyment of a right."

Calim v. Guerrerro
Mandamus will not issue to control or review the
exercise of discretion of a public officer where the law
imposes upon said public officer the right and duty to
exercise his judgment.

A writ of mandamus can be issued only when

petitioner’s legal right to the performance of a
particular act which is sought to be compelled is clear
and complete. A clear legal right is a right which is
indubitably granted by law or is inferable as a matter
of law

Enriquez v. Office of the Ombudsman

Mandamus is a proper recourse for citizens who seek
to enforce a public right and to compel the
performance of a public duty, most especially when
mandated by the Constitution. Thus, a party to a case
may demand expeditious action from all officials who
are tasked with the administration of justice.

Uy v. Lee
Recognized further in this jurisdiction is the principle
that mandamus cannot be used to enforce contractual
obligations. Generally, mandamus will not lie to
enforce purely private contract rights, and will not lie
against an individual unless some
obligation in the nature of a public or quasi-public duty
is imposed. The writ is not appropriate to enforce a
private right against an individual