Rule 58: Preliminary Injunction
This rule governs the issuance of preliminary injunctions and temporary restraining orders
(TROs).
Preliminary Injunction: A court order to prevent a party from doing a specific act or to
require an act to be performed while the case is being decided.
TRO: A temporary measure lasting 20 days, issued when immediate action is necessary
to prevent grave injustice.
Requirements:
1. Applicant must prove a clear and unmistakable right.
2. There is an urgent need to prevent grave damage or injury.
Bond Requirement: A bond must be posted to cover possible damages to the opposing
party.
Rule 59: Receivership
This rule allows for the appointment of a receiver to preserve or manage disputed property
during litigation.
When Applicable:
1. When property is at risk of being lost, removed, or materially injured.
2. In foreclosure of mortgages or partnership dissolutions.
Duties of Receiver: Manage and preserve the property as directed by the court.
Rule 60: Replevin
This rule governs the recovery of personal property wrongfully detained.
Purpose: To recover possession of personal property before final judgment.
Procedure:
1. Plaintiff files a verified application showing ownership or the right to possession.
2. The court may order the seizure of the property upon approval of a bond.
3. The defendant may retain possession by posting a counterbond.
Rule 61: Support Pendente Lite
Covers provisional support in cases involving support obligations during litigation.
Procedure:
1. A party may apply for support while the main case is pending.
2. The court will determine the amount based on evidence of need and the other
party's capacity to provide.
Rule 62: Interpleader
This rule applies when conflicting claims exist over the same subject matter, and the stakeholder
seeks judicial resolution.
Purpose: Protect a party from multiple liabilities.
Procedure:
1. Stakeholder files a complaint, naming all claimants as defendants.
2. The court resolves the rightful claimant.
Rule 63: Declaratory Relief
Allows a party to seek a judicial declaration of rights, duties, or status under a law, contract, or
other written instrument before any breach occurs.
When Applicable:
1. To prevent future disputes.
2. To clarify legal obligations.
Exclusion: Not available if another adequate remedy exists.
Rule 64: Review of Judgments or Final Orders of the Commission on Elections
(COMELEC) and Commission on Audit (COA)
Provides a mechanism for reviewing final orders or decisions of the COMELEC or COA through
a petition for certiorari filed with the Supreme Court.
Rule 65: Special Civil Actions for Certiorari, Prohibition, and Mandamus
Certiorari: Challenges a lower court or tribunal for grave abuse of discretion.
Prohibition: Stops a tribunal or officer from proceeding without or in excess of
jurisdiction.
Mandamus: Compels the performance of a ministerial duty unlawfully neglected or
refused.
Rule 66: Quo Warranto
This rule addresses questions on a person’s right to hold a public office or position.
Purpose: Remove someone unlawfully occupying a public office.
Who May File: The Solicitor General, a public prosecutor, or an individual claiming
entitlement to the office.
Rule 67: Expropriation
Covers the procedure for eminent domain cases where the government takes private property for
public use.
Procedure:
1. Filing of a complaint.
2. Determination of public use.
3. Payment of just compensation.
Rule 68: Foreclosure of Real Estate Mortgage
Specifies the procedure for judicial foreclosure when a debtor defaults on a real estate mortgage.
Steps:
1. File a complaint for foreclosure.
2. Auction of the mortgaged property if judgment is favorable to the creditor.
3. Right of redemption (if applicable).
Rule 69: Partition
Applies to cases where co-owners seek to divide or dispose of jointly owned property.
Procedure:
1. Agreement among parties or judicial partition.
2. Appointment of commissioners to oversee the division.
3. Public auction if partition in kind is not feasible.
Rule 70: Forcible Entry and Unlawful Detainer
Governs disputes over possession of property.
Forcible Entry: When possession is taken through force, intimidation, or strategy.
Unlawful Detainer: When possession is retained without legal right after the expiration
of a lease or similar agreement.
Key Rules:
o Must be filed within one year from the incident.
o Focuses on possession, not ownership.
Rule 71: Contempt
Addresses acts that disrespect the court or obstruct the administration of justice.
Types of Contempt:
1. Direct Contempt: Occurs in the presence of the court (e.g., disrespecting a
judge).
2. Indirect Contempt: Happens outside the court, such as disobeying a court order.
Punishment: May include fines or imprisonment.
