(a) Special civil actions initiated by filing of a Petition: Declaratory relief other than similar remedies; Review of adjudication

of the COMELEC and COA; Certiorari, prohibition and mandamus; Quo warranto; and Contempt (b) Special civil actions initiated by filing of a Complaint: Interpleader; Expropriation; Foreclosure of real estate mortgage; Partition; and Forcible entry and unlawful detainer. Interpleader (Rule 62) (1) Interpleader is a person who has property in his possession or an obligation to render, wholly or partially without claiming any right therein, or an interest in which in whole or in part is not disputed by the claimants, comes to court and asks that the persons who consider themselves entitled to demand compliance with the obligation be required to litigate among themselves in order to determine finally who is entitled to the same. (2) Interpleader is a special civil action filed by a person against whom two conflicting claims are made upon the same subject matter and over which he claims no interest, to compel the claimants to interplead and to litigate their conflicting claims among themselves (Sec. 1). Requisites for interpleader (1) There must be two or more claimants with adverse or conflicting interests to a property in the custody or possession of the plaintiff; (2) The plaintiff in an action for interpleader has no claim upon the subject matter of the adverse claims or if he has an interest at all, such interest is not disputed by the claimants; (3) The subject matter of the adverse claims must be one and the same; and (4) The parties impleaded must make effective claims. Declaratory Reliefs and Similar Remedies (Rule 63) (1) An action for declaratory relief is brought to secure an authoritative statement of the rights and obligations of the parties under a contract or a statute for their guidance in the enforcement or compliance with the same. Thus, the purpose is to seek for a judicial interpretation of an instrument or for a judicial declaration of a persons rights under a statute and not to ask for affirmative reliefs like injunction, damages or any other relief beyond the purpose of the petition as declared under the Rules. (2) The subject matter in a petition for declaratory relief is any of the following: (a) Deed; (b) Will; (c) Contract or other written instrument; (d) Statute; (e) Executive order or regulation; (f) Ordinance; or (g) Any other governmental regulation (Sec. 1). (3) The petition for declaratory relief is filed before there occurs any breach or violation of the deed, contract, statute, ordinance or executive order or regulation. It will not prosper when brought after a contract or a statute has already been breached or violated. If there has already been a breach, the appropriate ordinary civil action and not declaratory relief should be filed. Requisites of action for declaratory relief (1) The subject matter must be a deed, will, contract or other written instrument, statute, executive order or regulation or ordinance; (2) The terms of said document or the validity thereof are doubtful and require judicial construction; (3) There must have been no breach of said document; (4) There must be actual justiciable controversy or the ripening seeds of one( there is threatened litigation the immediate future); there must be allegation of any threatened, imminent and inevitable violation of petitioners right sought to be prevented by the declaratory relief sought; (5) The controversy is between persons whose interests are adverse; (6) The issue must be ripe for judicial determination e.g. administrative remedies already exhausted; (7) The party seeking the relief has legal interest in the controversy; and (8) Adequate relief is not available thru other means. (9) Stated otherwise, the requisites are: (a) There must be a justiciable controversy; (b) The controversy must be between persons whose interests are adverse; (c) The party seeking the relief must have legal interest in the controversy; and (d) The issue is ripe for judicial determination (Republic vs. Orbecido III, 472 SCRA 114). Proceedings considered as similar remedies (1) Similar remedies are: (a) Action for reformation of an instrument; (b) Action for quieting of title; and (c) Action to consolidate ownership (Art. 1607, Civil Code). Certiorari, Prohibition and Mandamus (Rule 65) Certiorari is a remedy for the correction of errors of jurisdiction, not errors of judgment. It is an original and independent action that was not part of the trial that had resulted in the rendition of the judgment or order complained of. More importantly, sine the issue is jurisdiction, an original action for certiorari may be directed against an interlocutory order of the lower court prior to an appeal from the judgment

(3) Filing of petition for certiorari does not interrupt the course of the principal action nor the running of the reglementary periods involved in the proceeding, unless an application for a restraining order or a writ of preliminary injunction to the appellate court is granted (Sec. 7). Neither does it interrupt the reglementary period for the filing of an answer nor the course of the case where there is no writ of injunction (People vs. Almendras, 401 SCRA 555). (4) In a summary proceeding, petitions for certiorari, prohibition or mandamusagainst an interlocutory order of the court are not allowed (Sec. 19, RRSP). (5) Certiorari is not and cannot be made a substitute for an appeal where the latter remedy is available but was lost through fault or negligence. The remedy to obtain a reversal of judgment on the merits is appeal. This holds true even if the error ascribed to the lower court is its lack of jurisdiction over the subject matter, or the exercise of power in excess thereof, or grave abuse of discretion. The existence and availability of the right to appeal prohibits the resort to certiorari because one of the requirements for certiorari is that there is no appeal (Bugarin vs. Palisoc, GR 157985, Dec. 5, 2005). (6) Exceptions to the rule that certiorari is not available when the period for appeal has lapsed and certiorari may still be invoked when appeal is lost are the following: (a) Appeal was lost without the appellants negligence; (b) When public welfare and the advancement of public policy dictates; (c) When the broader interest of justice so requires; (d) When the writs issued are null and void; and (e) When the questioned order amounts to an oppressive exercise of judicial authority (Chua vs. CA, 344 SCRA 136). Certiorari is an extraordinary writ annulling or modifying the proceedings of a tribunal, board or officer exercising judicial or quasi-judicial functions when such tribunal, board or officer has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, there being no appeal or any other plain, speedy and adequate remedy in the ordinary course of law Prohibition is an extraordinary writ commanding a tribunal, corporation, board or person, whether exercising judicial, quasi-judicial or ministerial functions, to desist from further proceedings when said proceedings are without or in excess of its jurisdiction, or with abuse of its discretion, there being no appeal or any other plain, speedy and adequate remedy in the ordinary course of law Mandamus is an extraordinary writ commanding a tribunal, corporation, board or person, to do an act required to be done: (a) When he unlawfully neglects the performance of an act which the law specifically enjoins as a duty, and there is no other plain, speedy and adequate remedy in the ordinary course of law; or (b) When one unlawfully excludes another from the use and enjoyment of a right or office to which the other is entitled (Sec. 3, Rule 65). Directed against a person exercising to judicial or quasijudicial functions Directed against a person exercising judicial or quasi-judicial functions, or ministerial functions Directed against a person exercising ministerial duties Object is to correct Object is to prevent Object is to compel Purpose is to annul or modify the proceedings Purpose is to stop the proceedings Purpose is to compel performance of the act required and to collect damages Person or entity must have acted without or in excessof jurisdiction, or with grave abuse of discretion Person or entity must have acted without or in excess of jurisdiction, or with grave abuse of discretion Person must have neglected a ministerial duty or excluded another from a right or office Injunctive relief (1) The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case Certiorari as a Mode of Appeal (Rule 45) Certiorari as a Special Civil Action (Rule 65) Called petition for review on certiorari, is a mode of appeal, which is but a continuation of the appellate process over the original case; Quo Warranto (Rule 66) (1) Quo warranto is a demand made by the state upon some individual or corporation to show by what right they exercise some franchise or privilege appertaining to the state which, according to the Constitution and laws they cannot legally exercise by virtue of a grant and authority from the State (44 Am. Jur. 88-89). (2) It is a special civil action commenced by a verified petition against (a) a person who usurps a public office, position or franchise; (b) a public officer who performs an act constituting forfeiture of a public office; or (c) an association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority to do so (Sec. 1). Expropriation (Rule 67) (1) Expropriation is an exercise of the States power of eminent domain wherein the government takes a private property for public purpose upon payment of just compensation. Matters to allege in complaint for expropriation

(1) An expropriation proceeding is commenced by the filing of a verified complaint which shall: (a) State with certainty the right of the plaintiff to expropriation and the purpose thereof; (b) Describe the real or personal property sought to be expropriated; and (c) Join as defendants all persons owning or claiming to own, or occupying, any part of the property or interest therein showing as far as practicable the interest of each defendant. If the plaintiff cannot with accuracy identify the real owners, averment to that effect must be made in the complaint (Sec. 1). Two stages in every action for expropriation (1) Determination of the authority of the plaintiff to expropriate this includes an inquiry into the propriety of the expropriation, its necessity and the public purpose. This stage will end in the issuance of an order of expropriation if the court finds for the plaintiff or in the dismissal of the complaint if it finds otherwise. (2) Determination of just compensation through the courtappointed commissioners (1) Omnibus Motion Rule Subject to the provisions of Sec. 1, Rule 9, a motion attacking a pleading, order, judgment or proceeding shall include all objections then available, and all objections not so included shall be deemed waived (Sec. 8, Rule 15). Foreclosure of Real Estate Mortgage (Rule 68) (1) A real estate mortgage is an accessory contract executed by a debtor in favor of a creditor as security for the principal obligation. This principal obligation is a simple loan or mutuum described in Art. 1953, Civil Code. To be a real estate mortgage, the contract must be constituted on either immovables (real property) or inalienable real rights. If constituted on movables, the contract is a chattel mortgage (Art. 2124, CC). Extra-judicial Foreclosure (Act 3135) Judicial foreclosure (Rule 68) No complaint is filed; Complaint is filed with the courts; There is a right of redemption. Mortgagor has a right of redemption for 1 year from registration of the sale; No right of redemption except when mortgagee is a banking institution; equity of redemption only (90 to 120 days, and any time before confirmation of foreclosure sale); Partition (Rule 69) (1) Partition is the separation, division and assignment of a thing held in common among those to whom it may belong (Cruz vs. CA, 456 SCRA 165). It presupposes the existence of a co-ownership over a property between two or more persons. The rule allowing partition originates from a wellknown principle embodied in the Civil Code, that no co-owner shall be obliged to remain the co-ownership. Because of this rule, he may demand at any time the partition of the property owned in common (Art. 494). (2) Instances when a co-owner may not demand partition at any time: (a) There is an agreement among the co-owners to keep the property undivided for a certain period of time but not exceeding ten years (Arft. 494); (b) When partition is prohibited by the donor or testator for a period not exceeding 20 years (Art. 494); (c) When partition is prohibited by law (Art. 494); (d) When the property is not subject to a physical division and to do so would render it unserviceable for the use for which it is intended (Art. 495); (e) When the condition imposed upon voluntary heirs before they can demand partition has not yet been fulfilled (Art. 1084). Forcible Entry and Unlawful Detainer (Rule 70) (1) The actions for forcible entry and unlawful detainer belong to the class of actions known by the generic name accion interdictal (ejectment) where the issue is the right of physical or material possession of the subject real property independent of any claim of ownership by the parties involved (Mendoza vs. CA, 452 SCRA 117 [2005]). (2) Accion Interdictal comprises two distinct causes of action: (a) Forcible entry (detentacion), where one is deprived of physical possession of real property by means of force, intimidation, strategy, threats or stealth; (b) Unlawful Detainer (desahuico), where one illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied. Action on the complaint (1) The court may, from an examination of the allegations in the complaint and such evidence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent therein. If no ground for dismissal is found, it shall forthwith issue summons (Sec. 5). When demand is necessary (1) Unless there exists a stipulation to the contrary, an unlawful detainer case shall be commenced only after the demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee (Sec. 2). The requirement for a demand implies that the mere failure of the occupant to pay rentals or his failure to comply with the conditions of the lease does not ipso facto render his possession of the premises unlawful. It is the failure to comply with the demand that vests upon the lessor a cause of action. Preliminary injunction and preliminary mandatory injunction (1) The court may grant preliminary injunction, in accordance with the provisions of Rule 58, to prevent the defendant from committing further acts of dispossession

against the plaintiff. A possessor deprived of his possession through forcible entry or unlawful detainer may, within five (5) days from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within thirty (30) days from the filing thereof (Sec. 15). Summary procedure, prohibited pleadings (1) Forcible entry and unlawful detainer actions are summary in nature designed to provide for an expeditious means of protecting actual possession or the right to possession of the property involved (Tubiano vs. Riazo, 335 SCRA 531). These action shall both fall under the coverage of the Rules of Summary Procedure irrespective of the amount of damages or unpaid rental sought to be recovered (Sec. 3). (2) Prohibited pleadings and motions: (a) Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, or failure to comply with section 12; (b) Motion for a bill of particulars; (c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; (d) Petition for relief from judgment; (e) Motion for extension of time to file pleadings, affidavits or any other paper; (f) Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (h) Motion to declare the defendant in default; (i) Dilatory motions for postponement; (j) Reply; (k) Third-party complaints; (l) Interventions Contempt (Rule 71) (1) Contempt is a disregard of, or disobedience to the rules or orders of a judicial body, or an interruption of its proceedings by disorderly behavior or insolent language, in its presence or so near thereto as to disturb the proceedings or to impair the respect due to such body (2) Contempt of court is disobedience to the court by acting in opposition to its authority, justice and dignity. It signifies not only a willful disregard or disobedience of the courts orders but also conduct tending to bring the authority of the court and the administration of law into disrepute or, in some manner to impede the due administration of justice (3) The reason for the power to punish for contempt is that respect of the courts guarantees the stability of their institution. Without such guarantee, said institution would be resting on shaky foundation Kinds of contempt; Purpose and nature of each (1) Civil or Criminal, depending on the nature and effect of the contemptuous act. (2) Direct or indirect, according to the manner of commission. Civil Contempt Criminal Contempt It is the failure to do something ordered to be done by a court or a judge for the benefit of the opposing party therein and is therefore and offense against the party in whose behalf the violated order was made; It is a conduct directed against the authority and dignity of the court or a judge acting judicially; it is an obstructing the administration of justice which tends to bring the court into disrepute or disrespect; The purpose is to compensate for the benefit of a party; The purpose is to punish, to vindicate the authority of the court and protect its outraged dignity; Contempt against quasi-judicial bodies (1) The rules on contempt apply to contempt committed against persons or entities exercising quasi-judicial functions or in case there are rules for contempt adopted for such bodies or entities pursuant to law, Rule 71 shall apply suppletorily (Sec. 12). (2) Quasi-judicial bodies that have the power to cite persons for indirect contempt can only do so by initiating them in the proper RTC. It is not within their jurisdiction and competence to decide the indirect contempt cases. The RTC of the place where contempt has been committed shall have jurisdiction over the charges for indirect contempt that may be filed (Sec. 12). Acts constituting indirect contempt are: (a) Misbehavior an officer of a court in the performance of his official duties or in his official transactions; (b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto; (c) Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule; (d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice; (e) Assuming to be an attorney or an officer of a court, and acting as such without authority; (f) Failure to obey a subpoena duly served; (g) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him (Sec. 3);