FINALS SET C remedy; instead a petition for declaratory relief under Rule 63 of the

Rules of Court, filed with the Regional Trial Court (RTC), is the
1. A writ of attachment may be issued ex parte and even before proper recourse to assail the validity of EO.
summons is served upon the defendant. It is to prevent the possibility
that during the course of the hearing, the party against whom the writ 4. a) Certiorari under Rule 45, called appeal by certiorari to the SC is a
is sought may dispose of his property or abscond before the writ is mode of appeal; while certiorari under Rule 65 is a special civil
issued. Nothing in the ROC makes notice and hearing indispensable action.
and mandatory requisites for the issuance of a writ of attachment.
b) Because certiorari under Rule 45 is a mode of appeal, it seeks to
However, the writ may not be enforced and validly implemented review final judgments or final orders; while certiorari under Rule 65
unless preceded or simultaneously accompanied by service of is usually directed against an interlocutory order or matters where ni
summons, copy of the complaint, application for attachment, order appeal may be taken from. The purpose of a Rule 65 petition is to
of attachment and the attachment bond. The implementation of the annul the proceedings of a lower tribunal and prevent an unlawful
writ of attachment without the required jurisdiction over his person is and oppressive exercise of legal authority.
null and void.
c) Certiorari under Rule 45, as a rule, raises only questions of law.
2. It depends upon the agreement of the contracting parties. The Questions of fact are not entertained. Certiorari under Rule 65 raises
subject factory machines are essential and principal elements of the question of jurisdiction because a tribunal, board or officer exercising
chocolate-making industry. Hence, although each of them was judicial or quasi-judicial functions has acted without jurisdiction or in
movable or personal property on its own, all of them have become excess of jurisdiction or with grave abuse of discretion amounting to
"immobilized by destination because they are essential and principal lack of jurisdiction.
elements in the industry." However, if the parties agreed to treat the
machines as personal property, it may then be a proper subject of d) An appeal by certiorari under Rule 45 does not require a prior
Writ of Replevin, making the issuance thereof proper. motion for reconsideration while certiorari under Rule 65 requires as
a general rule, a prior motion for reconsideration.
Contracting parties may validly stipulate that a real property be
considered as personal. After agreeing to such stipulation, they are e) Unless a rule provides for the contrary, certiorari under Rule 45
consequently estopped from claiming otherwise. Under the principle stays the judgment appealed from; certiorari under Rule 65 does not
of estoppel, a party to a contract is ordinarily precluded from denying stay the judgment or order subject of the petition unless enjoined or
the truth of any material fact found therein (SERG'S PRODUCTS, restrained.
INC.vs. PCI LEASING AND FINANCE, INC., G.R. No. 137705,
August 22, 2000) 5. a) Where the search warrant is issued is an incident in a pending
criminal case, the quashal of a search warrant is merely
3. No. Under the Rules of Court, petitions for Certiorari and Prohibition INTERLOCUTORY. There is still "something more to be done in the
are availed of to question judicial, quasi-judicial and mandatory acts. said criminal case."
Since the issuance of an EO is not judicial, quasi-judicial or a
mandatory act, a petition for certiorari and prohibition is an incorrect

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 b) In contrast, where a search warrant is applied for and issued in 7. a) On appeal the appellate court may stay the writ should
anticipation of a criminal case yet to be filed, the order quashing the circumstances require. Even though the judgements in ejectment
warrant ends the judicial process. There is nothing more to be done cases are immediately executory, a preliminary injunction on the writ
thereafter. of execution is still allowed. (Benedicto v. CA G.R. No. 157604)

6. Distinguish Certiorari, Prohibition, Mandamus: b) File a motion for order of demolition. (Rule 39 Sec. 10 (d))

CERTIORARI PROHIBITION MANDAMUS 8. Remedies available in:

1) Directed against the 1) Directed against an 1) Directed against a
action of an entity or entity or person person or entity a) Direct contempt- Certiorari or prohibition with the payment of a
person exercising exercising judicial, exercising ministerial bond as determined by the court (Rule 70 sec. 2)
judicial or quasi- quasi-judicial, or function.
judicial function. ministerial function. b) Indirect contempt Appeal to the proper court as in criminal
cases. (Rule 71 sec. 11)
2) Entity or person is 2) Entity or person is 2) Entity or person is
alleged to have acted: alleged to have acted, alleged to have 9. File an unlawful detainer case under Rule 70 at the MtC of Manila.
a) without jurisdiction acting, or is about to unlawfully: (Rule 70 in relation to Sec 33 par. 2 BP. 129)
b)in excess of act: without, in excess, a) neglected a
jurisdiction or with grave abuse of ministerial duty or; 10. Exceptions to the prohibition of raising questions of fact in rule 45.
c) with grave abuse of discretion amounting b) excluded another
discretion amounting to lack or excess of from a right or office. (1) the conclusion is grounded on speculations, surmises or
to lack or excess of jurisdiction. conjectures;
jurisdiction (2) the inference is manifestly mistaken, absurd or impossible;
(3) there is grave abuse of discretion;
3) Purpose is to annul 3) Purpose is to have 3) Purpose if for (4) the judgment is based on misapprehension of facts;
nullify a proceeding respondent desist respondent to do the (5) the findings of fact are conflicting;
from further act required; and to (6) there is no citation of specific evidence on which the factual
proceeding. pay damages. findings are based;
(7) the findings of absence of facts are contradicted by the presence
4) This remedy is 4) This remedy is 4) This remedy is of evidence on record;
corrective preventive and affirmative or positive. (8) the findings of the Court of Appeals are contrary to those of the
usurpation of negative to restrain trial court;
jurisdiction or to prevent (9) the Court of Appeals manifestly overlooked certain relevant and
usurpation of undisputed facts that, if properly considered, would justify a different
jurisdiction. conclusion;

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 (10) the findings of the Court of Appeals are beyond the issues of misbehaviour is NOT committed in the presence of the court as to
the case; and obstruct proceedings before the court ( IF INDIRECT).
(11) such findings are contrary to the admissions of both parties.
(Ferraren vs CA GR. No. 159328) Rule 71. Contempt provides:
(12) Appeal in environmental cases (Rule 7 sec 16 of RoP of DIRECT CONTEMPT INDIRECT CONTEMPT
Environmental Cases) Misbehavior in the presence of a Misbehavior NOT committed in
(13) Appeal in Writ of Amparo (Sec 19 of the Rules on the Writ of court as to obstruct judicial the presence of a court as to
Amparo) proceedings before the court. obstruct proceedings before the
(14) Appeal in Habeas Data (Sec 19 of the Rules on the Writ of court.
Habeas Data) GROUNDS:
Disrespect toward the court;
11. Requisites for the issuance of a Writ of Preliminary Injunction: Offensive personalities toward
others;
(a) the invasion of right sought to be protected is material and Refusal to be sworn or to answer
substantial; as witness;
(b) the right of the complainant is clear and unmistakable; and Misbehavor
(c) there is an urgent and paramount necessity for the writ to prevent
serious damage;
(d) complainant shows that he has an ostensible right to the final 13. a) No. The recourse taken by the husband is untenable.
relief prayed for in his complaint. (Lukang vs Pagbilao Development
Under Rule 39, Sec. 4 it provides that judgments in actions for
G.R. No. 195374)
injunction, receivership, accounting and support and such other
judgments are immediately executory. It shall be enforceable after
State the 4 requisites before a writ of preliminary injunction will issue.
their rendition and shall not be stayed by an appeal taken therefrom,
a. There must be a verified application;
unless otherwise ordered by the trial court.
b. The applicant must establish that he has a right to relief or
a right to be protected and that the act against which the
b) Writ of Execution. Under Rule 61. Sec. 5. Enforcement of Order.
injunction is sought violates such right;
Failure to comply with an order granting support pendent lite
c. The applicant must establish that there is a need to restrain
may warrant:
the commission of or continuance of the acts;
d. A bond must be posted; 1) The issuance by the Court, motu propio or upon motion, of
e. The threatened injury must be incapable of pecuniary an order of execution against the adverse party;
estimation. 2) Possible liability for contempt;
3) Third person who furnished support may obtain writ of
12. NO. Judge Idolos order finding Aldo (the driver of the lawyer) in execution to enforce his right of reimbursement.
contempt is not correct. Contempt is may only be given by the
authority if there is misbehaviour in the presence of the court as to c) Cite Husband for Indirect Contempt.
obstruct judicial proceedings of the court ( IF DIRECT) and if

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 Under Rule 71, Sec. 3, a person may be cited for indirect contempt 15. Yes. The contention of defendant is a valid reason.
only after a charge in writing has been filed and an opportunity was
given to the respondent to comment thereon within such period as Requisites for a valid exercise of Right of Eminent Domain:
maybe fixed by the court and to be heard by his counsel and the
presence of the act committed by the respondent such as: a) There must be Due process of law;
b) Payment of just compensation;
Sec. 3, par. (b). Disobedience of or resistance to a lawful writ, c) Taking must be for public use.
process, or order, or judgment of a court, including the act of a In the case at bar, the taking of the private property must be devoted
person who, after being disposed or ejected from any real property for public use. Public use means public usefulness, utility or
by the judgment or process of any court of competent jurisdiction, advantage, or what is productive of the general benefit so that any
enters or attempts or induces another to enter into or upon such real appropriation of private property by the State under its right of
property, for the purpose of executing acts of ownership or eminent domain, for purposes of great advantage to the community
possession, or in any manner disturbs the possession given to the is taking for public use.
person adjudged to be entitled thereto.
16. YES. Damages pertaining to moral, temperate, and exemplary
14. a) File a Complaint for Interpleader under Rule 62. damages amounting to P40,000.00 may awarded to the plaintiff.
Requisites for Interpleader: In the case of Dumo vs. Espinas, the only form of damages that can
a) The plaintiff claims no Interest in the subject matter or be recovered in forcible entry or unlawful detainer cases is the fair
his claim thereto in whole or in part is not disputed; rental value or the reasonable compensation for the use and
b) The parties to be interpleaded must make Effective occupation of the leased property.
claims;
c) There must atleast Two or more conflicting claimants Since, the only issue raised in ejectment cases is that of rightful
with adverse or conflicting interests to a property in possession; hence, the damages which could be recovered are
custody or possession of the plaintiff; those which the plaintiff could have sustained as a mere possessor,
d) The subject matter must be One and the same. or those caused by the loss of the use and occupation of the
property, and not the damages which he may have suffered but
b) RTC or MTC. which have no direct relation to his loss of material possession.

If personal property- MTC if the personal property is valued at not 17. a.) Pleadings filed in courts containing offensive derogatory, and
more than 300,000-400,000. RTC if the property is exceeding malicious statements are considered DIRECT CONTEMPT when it
300,000-400,000. is submitted to the court or judge in which the proceedings are
pending.
If real property- MTC if the assessed value of the real property is not
exceeding 20,000-50,000. RTC if the assessed value of the real In the case of Cruz vs. Gingoyon, it has been ruled to be equivalent
property is exceeding 20,000-40,000. to misbehavior committed in the presence of or so near a court or

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 judge as to interrupt the proceedings before the same and therefore COMELEC or COA, UNLESS the lower court in the principal
constitutes direct contempt. the SC directs otherwise. case. UNLES, WPO or TRO is
issued by the higher court.
b.) Pleadings filed in courts containing offensive derogatory, and The scope covered are The scope covered are
malicious statements are considered INDIRECT CONTEMPT when judgments, final orders or proceedings and NOT
it is presented in another court or proceeding. resolutions. judgments.
The filing of a motion for The period within which to file
In the case of Ang vs. Castro, it is not tantamount to a misbehavior reconsideration or for new trial the petition if the motion for
in the presence of or so near a court or judge as to interrupt the if allowed, interrupts the period reconsideration or new trial is
administration of justice. for the filing of the petition for denied, is 60 days from notice
certiorari. If the motion is of the denial of the motion.
18. a.) The two (2) stages in expropriation proceedings are: denied, the aggrieved party
may file the petition within the
i. The determination by the court of the authority to exercise remaining period, but which
it and the propriety of the grant. shall not be less than 5 days
ii. The determination of compensation by the three (3) reckoned from the notice of
commissioners designated by the court. denial.
b.) The two (2) stages in partition proceedings are: 20. As trial court judge, I would determine first the nature of the action.
i. The issue of whether the plaintiff is indeed a co-owner of
the property sought to be partitioned. In this jurisdiction, the principle adhered to is that the nature of the
ii. The issue of how the property is to be divided between the actions is determined by the allegations in the body of the pleadings
plaintiff and the defendants. or complaint itself, rather than by its title or heading. The nature of
the action is determined by the facts alleged in the pleading. The
19. Distinguish Petition for Certiorari under Rule 64 and Petition for different tests that may be applied is the Ultimate Objective Test, if
Certiorari under Rule 65 in five (5) different ways: the ultimate objective is to recover real property, then it is a real
action. Additionally, another test is the Allegations and Prayer
Test, where the allegations of facts and relief prayed for may be
PETITION FOR CERTIORARI PETITION FOR CERTIORARI
determinative of the nature of the action (Rone vs. Claro).
(Rule 64) (Rule 65)
Directed only to the judgments, Directed to any tribunal, board
final orders or resolutions of the or officer exercising judicial or
COMELEC or CoA. quasi-judicial functions
Filed within 30 days from notice Filed within 60 days from notice
of the judgment of the judgment
The effect of filing is that it does The effect of filing is that it does
not interrupt the judgment if the not interrupt the proceedings of

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