APPEAL a.

All pleadings, decisions which are necessary for the understanding of the case are
submitted. It is a sequential compilation of pleadings and decisions/orders by court in
1. 3 modes of appeal: chronological order.
a. Ordinary Appeal R40-41 -When partial appeal only, attach only the relevant pleadings and decisions to that
i. Notice of appeal partial decision appealed
ii. Record on appeal b. Record on appeal used in multiple appeals; this happens when there are multiple
b. Petition for Review R42 parties
c. Appeal by Certiorari R45 3. Notice of appeal, meaning. R41S5.
NOTE: Rules on Summary Procedure no longer apply when appeal is made a. NOA is a one piece of paper which contains “Plaintiff files an appeal from the decision
e.g. MR is prohibited in unlawful detainer in MTC, but when appeal is made in RTC, MR is of MTC court…”
now allowed. b. You file NOA to avoid the judgment to become final and executory
c. NOA must contain the following (R41S5):
RULE 40 i. Parties
1. What to file in ordinary appeal? ii. Judgment or final order
iii. Court to which the appeal is being taken
NOA ROA
iv. Material dates showing timeliness of appeal (material data rule)
When to file 1.Special
d. Important in both NOA and ROA: Material Date Rule
proceedings and
4. Steps in Rule 40:
cases of multiple or
1. File notice or record
separate appeals
2. Pay docket fees
2. Expropriation
3. Court that rendered judgment will take note. MTC Clerk of court will submit
3. Judgment for
to RTC
recovery or partition
4. RTC will order party to admit brief or memo
of property
5. RTC will no longer examine witnesses, but rely on the decision of MTC
4. Foreclosure of
5. MTC>RTC how many days to file memorandum? 15d (R40S7)
mortgage
5. judgment to one
of the multiple
Three modes of appeal from RTC decisions:
defendants, leaving
1. Ordinary appeal R41
the action to proceed
2. Petition for review R42
against others.
3. Certiorari R45
Period 15d from notice of 30d from notice of
RULE 41
judgment or denial judgment or denial of
1. Court which rendered judgment: RTC
of MR/MNT (fresh MR/MNT (fresh
Appellate court: CA
period) period)
2. Why called ordinary appeal? Because RTC has original jurisdiction, in effect there is only
Extendible Period NO GR: NO
one decision rendered over the case.
XPN: when
While Petition for Review implies a case has been decided twice
authorized alteration
3. Rule 44 – procedure of ordinary appeal before the CA
or modification of
4. When does the court which rendered judgment loses jurisdiction?
record
ANS: When all periods have expired.
(Motion must be filed
Note: When there are different parties, there may be different reglementary periods due
within 30d period)
to different decisions made over their MRs
Where to file? Always filed to the
court who rendered RULE 42-43 Petition for review
judgment (NB) 1. 2 Kinds of Petition for Review R42 and R43
a. R42 RTC>CA
2. Record of appeal, meaning. R40S3; R41S6. Applies when MTC decision is denied by RTC
b. R43 Quasi Judicial Agencies>CA
2. In Summary procedure, what to file when lose in MTC? c. Appellant’s reply: 20d from receipt of appellee’s brief
ANS: R, Notice of appeal filed to the court which rendered judgment. 2. How is Jurisdiction acquired over persons over original cases filed over CA?
-DON’T USE MR. a. Service by order or resolution not rule 14
-If RTC denied, use PFR (R42) Rule 13 requirements must be followed
3. In Small claims, what to file when lose in MTC? b. Voluntary submission
ANS: R65 because judgment in small claims is Final and executory; hence, no appeal and 3. Is there a hearing in CA? YES,
no MR are allowed. a. In what cases there is hearing? In cases where CA has original jurisdiction
4. R43 when is it applicable and what kind of decisions? S1 (mandamus, quo warranto, Annulment of Judgment of RTC)
ANS: Quasi Judicial Agencies which rendered decision in the exercise of its adjudicatory b. Annulment of judgment seeking to annul RTC decision is an original action, hence
powers. there is hearing (NB)
i. Important requirement: the quasi judicial body which rendered decision Must be i. Can you file AOJ seeking to annul MTC decision? YES, but file it to RTC
under the exercise of quasi-judicial adjudicatory powers (NB) ii. Can you file AOJ seeking to annul RTC decision? YES, through original action
1. When your salary is withheld, no R43 because that is not a decision or an filed to CA
exercise of adjudicatory powers but a mere exercise of administrative iii. Can you file AOJ seeking to annul CA decision? NO, because R47 is not allowed
function. to SC. The only way you can go to the SC from CA is through R45
2. E.g. CSC ruled over an Employees violation of dress code, remedy is R43 - R47 is allowed in MTC>RTC and RTC>CA but not CA>SC
5. How many days to file a PFR? 15d same with R42 4. Can the CA justices (collegiate court) / division itself hear the case?
a. Extendible? YES, alternatively you can ask the CA to receive evidence on their behalf
-R43 S4 YES, limited to one extension. 5. CA has preliminary conference (not asked in bar, just read)
-GR: no 2nd extension
XPN: most compelling reason Q&A QUAMTO
6. Requirements R42 PFR? What is interlocutory order?
Verified PFR Not final decision. It leaves something to be done by the court.
Attach copy of decision
Affidavit of material things Court granted the motion for summary judgment except as to the amount of
Date of timeliness damages recoverable. May defendant appeal?
Parties, issues, errors No, this is a partial summary judgment which is an interlocutory order.
7. Requirements R43 PFR?
Same, but must be all certified true copies. What are the modes of appeal in SC?
-Because CA cannot verify docs. Quasi judicial bodies do not forward to CA (NB) 1. Petition for review on certiorari R45
-In practice, upon receipt of the decision from Q-Judicial body, get the certified true 2. Ordinary appeal through Notice of Appeal from convictions involving r. perpetua (S3 R122)
copy
8. Is the enumeration in R43S1 exclusive? NO 2 modes of appeal from judgment of RTC>CA?
a. E.g. of R43 Decision of the Office of the President, DARAB, 1. Ordinary appeal in exercise of original jurisdiction by RTC. 15d NOA; 30d ROA
b. Not R43: 2. Petition for Review in exercise of appellate jurisdiction by RTC. 15d
1. NLRC>CA is R65;
2. HLURB>Office of Pres; a. Defendant received RTC decision on Jan 2. He filed NOA on Jan 10. Then he
3. CTA>CTA En Banc>SC R65 withdrew NOA to file MNT on Jan 13. Court denied the withdrawal of NOA. Proper?
NOTE: The only way you can go to SC is by R65 b. Plaintiff received RTC decision on Jan 6. He filed MR on Jan 19. Court denied MR
XPN: Capital Offense of criminal case by Ordinary Appeal (NB) on Feb 3. Then he filed NOA on Feb 5. Court denied on ground that period to appeal
9. PFR on certiorari, how many days? R43S_ 15d with extension for another 15d already lapsed. Proper?
10. NOTE: PFR on certiorari (R43) is not the same as petition for certiorari (R65) a. NO. From Jan 2 to Jan 13 only 10d has elapsed; hence, the period of appeal (15d) has not
yet expired.
b. NO. Fresh period rule
RULE 44 ORDINARY APPEALED CASES
1. How many days to file: R44S7 Plaintiff received decision on June 9. He filed NOA on June 15.
a. Appellant’s brief: 45d from receipt of the notice of clerk of court Defendant received decision on June 10.
b. Appellee’s brief: 45d from receipt of appellant’s brief Parties entered into compromise on June 16.
Defendant filed a motion for approval of Compromise Agreement in June 13. c. Legal redemption within 1 year from date of registration of certificate of sale + 1%
Plaintiff changed his mind and opposed the motion on ground that RTC has no more interest/mo.
jurisdiction. Rule on the motion.
RTC still has jurisdiction because the period of appeal of the defendant is not yet expired After judgment, defendant filed a petition for relief with preliminary injunction.
when motion was filed. Then RTC dismissed the petition. Plaintiff immediately moved for the execution of
judgment. Granted?
When appeal from RTC to CA is perfected? Yes, dismissal of petition for relief also dissolves the preliminary injunction.
NOA: Upon filing of NOA within the reglementary period.
ROA: Upon approval of ROA filed within the reglementary period. May an order denying the probate still be overturned after lapse of period to appeal?
Yes, by (1) Petition for Relief: 60d after petitioner learns of judgment and not more than 6mo
How to appeal on the following? after judgment; (2) Annulment of Judgment: 4y from discovery if extrinsic fraud; before
a. Order of execution by RTC barred by laches if lack of jurisdiction
b. Judgment of RTC denying petition for writ of amparo
c. Judgment of MTC on its delegated jurisdiction on a land registration. Grounds for Annulment of Judgment of RTC?
d. Decision of CTA first division. Extrinsic fraud and lack of jurisdiction.
e. Judgment of RTC denying petition for writ of Habeas corpus
f. Order of RTC denying the petition for certiorari questioning MTC’s denial of motion P put wrong address. D filed no answer because summons was not served properly.
to suspend criminal proceedings. D learned of the judgment only 3 years after. Remedy?
a. CA, PFC R65 Annulment of Judgment R47 on ground of lack of jurisdiction and extrinsic fraud, denial of due
b. SC, PFROC R45. (This is final judgment) process.
c. CA, NOA (S34 BP129)
d. CTA en banc, PFROC R45 PR
e. Same as b Plaintiff is ordered to pay damages due to unwarranted attachment of D’s property.
f. CA, NOA D sought to charge P’s attachment bond. P claimed that the filing of counterbond by
D relieved P’s attachment bond from all damages.
RTC rendered a decision. Defendant filed NOA. Plaintiff filed a motion for partial new D’s filing of counterbond is not a waiver to proceed against the attachment bond of P.
trial to increase award.
RTC rendered amended decision to reduce the award. Is it necessary for the a. Remedy if writ of execution was unsatisfied and D has deposit of money.
defendant to file second NOA? b. Remedy if bank denies due to deposit belongs to D under assumed name.
Yes, because a substantial change was made to the original decision. a. Garnish/levy on execution the bank deposits. R39S40
b. Motion for court order requiring bank officer to appear for examination, then motion for
a. How can the defendant stay the execution of the MTC judgment to vacate the court order to file action against bank for recovery of judgment (R39S37,43)
premises in an ejectment suit?
b. Defendant appealed from MTC>RTC>CA. CA dismissed the petition for review for Five year old judgment from ejectment case.
moot and academic because the Sheriff already executed the MTC decision to a. Procedure followed to enforce a five year old judgment.
vacate. Correct? b. What court to institute it?
a. 1. Perfect his appeal to RTC a. Enforce judgment by another action reviving the judgment because it can no longer be
2. File supersedeas bond to pay rent, damages cost enforced by motion due 5 yrs (R39S6)
3. deposit monthly with RTC during pendency of appeal b. RTC, because enforcement of judgment is a personal action incapable of pecuniary
b. NO. The execution of judgment is only in respect to eviction. Such execution has no effect estimation
on the merits of the ejectment suit.
Is the order of execution for moral and exemplary damage pending appeal correct?
a. How may the defendant prevent the sale of the property on execution? NO, liabilities of moral and exemplary damages are dependent on the outcome of the main
b. How much does the plaintiff of the property at the execution sale must pay? case. They remain uncertain pending resolution by CA/SC.
c. If property is sold to a 3rd party, what can the defendant do to recover property?
a. Petition for Relief with Preliminary Injunction R38. a. P filed a Petition for the Issuance of a Writ of Execution. D filed MTD on ground of
b. Plaintiff as judgment creditor should pay only the excess amount of the bid. no CNFS. Grant?
b. What is P’s remedy if after issuance of writ of execution, D obstinately refused to -YOU NEED J OVER THE DEFENDANT in stage 3 when implementing the writ
execute the deed of sale? (e.g. in giving notices to the bank not to allow withdrawal of the defendant)
a. No, no CNFS required in this petition because it is not initiatory pleading 3. ENFORCEMENT: Implementing the writ
b. Move for issuance of a court order to direct execution of Deed of sale by some other person HOW TO ACQUIRE WRIT?
appointed by court at D’s cost (S10R39) -First acquire Jurisdiction over the defendant by Summons.
-Your service of Summons must be done prior or contemporaneous to the
a. P resides in Manila, D in Bulacan. RTC Manila issued writ of execution for implementation of the writ
collection of sum of money. Writ retuned unsatisfied. P filed a motion for an order (in practice mas okay ang contemporaneous to keep it secret)
requiring D to appear before it and to be examined regarding his property and -If summons is defective, attachment will be lifted; it cannot be cured
income. Resolve. e. GROUNDS – memorize
b. Sheriff served summons to D’s 18year old daughter. 7 years after entry of 1. Recovery of sum or damages (not moral/exemplary) against a party who is
judgment, P filed an action for revival. Can D oppose revival due to no jurisdiction about to depart in Ph.
over his person? 2. Embezzled by public officer, corp officer, atty, broker, clerk in course of
a. Deny the motion because no judgment obligor shall be required to appear before a court employment
for examination concerning his property and income outside his residence. (S36R39) 3. Recover possession of property fraudulently taken when such is concealed
b. Yes, sheriff did not exert sufficient effort to serve summons personally. to prevent being found
4. Fraud in
NCC A. 1144 – an action upon judgment must be brought within 10 years. Is this a. Contracting debt (dolo causante)
applicable to an action filed in Ph to enforce a foreign judgment? - fraud to induce another to enter into a contract
No, foreign judgment cannot be enforced by mere motion(?) b. Performing an obligation (dolo incidente)
- fraud in the existing contract
PROVISIONAL REMEDIES R57 onward NOTE: Fraud as ground of PA is usually asked in BAR
- You can avail provisionally, wala pang decision ang court 5. Actions against a party who has (or about to) removed or disposed his
- GR you can ask for relief upon trial; property.
XPN: provisional remedies, wala pang trial, but pwede mawala after judgment which NOTE: E is against the property not directed against the person itself
will dissolve or annul such PR 6. Non-residents not found in PH or Summons served by publication
1. PA – para dimabenta, magalaw ang property NOTE: F no need for fraud
a. Two ways to avail: f. How to discharge the attachment?
(1) upon filing Complaint with prayer or application for the writ of attachment 1. Post a counter bond
(In practice wag ito, dahil makikita agad ng defendant sa summons at baka - must be done after the enforcement of the writ
ibenta agad ang property) (you cannot use it before enforcement. In practice, ung iba nalalaman agad
(2) upon motion nila due to bribery inside the court, so the defendant is already posting
b. PA is Ex parte because of the grounds (R57S1) counter bond even before enforcement)
WHY EX PARTE: 2. Irregular or Improper or excessive attachment (S20).
-Defendant is alleged to be in bad faith, there is danger over the property being - may be done before or after the enforcement of writ
dissipated. - Improper means not based on the grounds;
-If not ex parte, defendant will immediately dispose the property. It is ex parte - Irregular means irregularly issued e.g. writ is enforced agad without
to keep it secretive to attach and secure the properties. jurisdiction over the defendant
c. PA still requires reception of evidence but not a full blown trial. Court will see if NOTE: S20 applies to all provisional remedies except support
property is linked to the plaintiff’s interest in the complaint or under the grounds in g. Damages may be sought by defendant before/after trial.
Sec 1. - If plaintiff is not entitled to the attachment, defendant may seek damages even after
d. 3 STAGES: trial.
1. Court will issue order granting the application for attachment - Defendant may recover damages from plaintiff’s attachment bond even if the
2. ISSUANCE: Court will issue writ of attachment defendant posted a counterbond
-YOU DON’T NEED J OVER THE DEFENDANT in stages 1 and 2.
-Anyone can seek attachment of your property because PA is secretly made. 2. PI – injunction as provisional remedy
a. Two kinds of injunction
i. Preliminary Injunction (temporary)
 1. An ancillary remedy only and not a judgment on the merits of the case i. GR: NO;
2. Purpose: To preserve status quo or to prevent future worngs until merits ii. XPN: in case of irreparable damage, judge can issue ex parte, but TRO has time
can be heard limit (72h)
3. May be issued by any court having jurisdiction over the main action o Within 72h, hear the case. During hearing TRO can be extended to 20d.
ii. Injunction (permanent) o Within 20d you must secure an injuction.
1. It is independent, principal, main or final action and not a preliminary i. Posting a bond is condition sine quanon.
remedy i. You need a bond to protect the person against whom it is issued. Without
2. Purpose: to seek for final injunction, permanent posting bond, no injuction will be issued.
3. It can be issued by RTC only. MTC, CA, SC cannot issue an original action ii. You will still pay damage if injunction is dissolved
for injunction. j. You cannot attach anymore when the property is already mortgaged, the remedy is
b. 3 Requisites of PI: (MEMORIZE) preliminary injunction
1. Clear and unmistakable right - Right in esse (BAR) i. (kwento ni mam they sought remedies: first adverse claim, then filed complaint,
2. Right is validated and substantial then lis pendens, then injunction na dahil mortgaged and foreclosed na kaya
3. Necessity of remedy against serious damage dina pwede ang attachment; nagfile sila ng consulta appeal)
o “serious damage” - something cannot be repaired by money ii. However, there can be no injunction of foreclosure if right to foreclose by the
E.g. prevent playing of Hello Garci Tapes; prevent mother to apply mortgagee is in their contract.
immigration of the child k. 2 KINDS OF TRO
E.g. lessee’s introduction of improvements to the property leased may not 1. 72h TRO – can be issued only by the presiding judge of the single sala court
be enjoined by injunction because the improvements can be repaired by or the executive judge of the multi-sala court
money - Can be issued before raffle, without notice and hearing
c. In practice, PI is the most abused remedy. - 3d tro can become 20d after raffle. A hearing will be conducted to assess if
i. In Certiorari the judgment continuous to stand, the only way is to file TRO or 3d TRO can become 20d TRO.
injunction. 2. 20d TRO – can be issued by regular courts or judge after raffle
o E.g. NLRC decisions become executory because R65 is not a mode of appeal - also without notice and hearing, but only after raffle
but an independent action. - 20d tro cannot be extended, because there is no notice and hearing
o Remedy: Injunction/TRO with injunction (violation of due process), only way to extend life of TRO is through a
ii. ALL decisions can be enjoined by injunction. preliminary injunction
d. 2 kinds of PI - TRO can be issued ex parte without notice and hearing; Preliminary
i. Prohibitory injunction – to refrain; tigil lahat injunction cannot/never be issued without notice and hearing.
ii. Mandatory injunction – to perform; to compel someone to do something; NOTE: TRO issued by CA is effective for 60d; by SC is effective until further
e.g. ibalik ang kuryente ng MERALCO; orders
NOTE: MANDAMUS and PROHIBITION are different because they are directed to l. Is issuance of PI, is that appealable? NO, it is interlocutory R65.
public officer Can the enforcement of the PI be suspended? NO.
e. Evidence required in PI: initial and incomplete evidence is enough Remedy: file certiorari with injunction against a preliminary injunction (the only way
i. Injunction being a provisional remedy only, you need only such evidence to to prevent injunction is to file injunction) (NB).
establish just to establish the ground and not of the entire case in order to - in practice when you file an injunction, TRO is included
justify the need;
ii. incomplete or initial evidence is enough; you don’t need to present all the 3. Receivership
evidence otherwise you just wait for the trial a. when someone is has interest in the property, at baka idispose, he can file a verified
f. When PI may be issued? Any stage prior to judgment application to appoint someone to be the receiver
g. Requisites of PI (prohibitory or mandatory) i. Receiver is a person appointed by court in behalf of all the parties to an action to
1. “Clear and Unmistakable Right” preserve the property involved in suit.
- which is a heavier requirement than that of a Cause of Action ii. GR: neither party can be appointed as receiver
2. Invasion of such right XPN: consented by the other party
3. Urgent need to prevent irreparable injury b. Only remedy for post judgment
c. Grounds
h. Can judge issue an INJUCTION without notice and hearing? d. Need bond
 e. Can be dissolved by posting counterbond and assailing the ground May PA be issued ex parte?
Yes, because notice and hearing would defeat the purpose
4. Replevin – bawiin personal property even pending action
a. When to apply? S1 at the commencement of action and anytime before answer; Attachment bond and counterbond amounted to 1m. Court found that attachment
i. unlike other remedies replevin has time limit was malicious. It ordered P and its surety to pay jointly to D 1.5m as actual, .5m as
ii. cannot be filed before appellate courts moral and .5m as exemplary damages. Correct?
iii. Remedy after answer is filed: attachment since jurisdiction has already been No, no judgment against surety if no due notice was given; cannot exceed against
acquired over the defendant counterbond.
b. Prove grounds and requisites in your application for writ of replevin
i. Requirements of application: May the property of incompetent under guardianship in custodia legis be attached?
1. Bond Yes, although in custodia legis (s7r57)
a. How much is the bond? Double the value of the property
2. Affidavit May damages be claimed in wrongful attachment even if judgment is adverse to
a. Content of affidavit: S2 MEMORIZE him?
c. Deprivation must be legal and lawful Yes, on account of improper, irregular or excessive attachment
Item must be lawful.
E.g. Logs in custody of forestry, replevin? NO, because item is not lawful WPA was served ahead of summons. Defendant filed MTD and to dissolve PA on 3
d. Can you quash? Yes, like other prov remedies grounds: 1. No jurisdiction over his person because writ was served before
i. How Dissolved: through counterbond and attack the issuance (through motion) summons; 2. Writ improperly implemented; 3. writ was improvidently issued
e. Attachment v Replevin because obligation was fully paid.
A: 1 kinukuha but not physically 2. Kunin ng sheriff 3. Di ikaw may ari 5. -
Attachment can be in any case mentioned in RUles
R: 1. Kuha physically 2. Kunin ng dating mayari, repossess 3. Ikaw may ari 4. Attachment v Garnishment
All that can be attached can be subject of replevin 5. Only asked if main action is A: levy on property
“recovery” of the thing G: levy on debts due the judgment obligor (eg. bank deposits)
f. Cases:
i. DANAO case: can a motor vehicle in custody of another court be subject of Discuss:
replevin? NO, S2 R60 PA – attached as security for satisfaction; before judgment
ii. Case: can something held as evidence in criminal action be subject of replevin? Garnishment – levy on debts, credits, royalties, commissions
NO, Levy on execution – sell property of judgment obligor if he is unable to pay obligation
g. R39 s16, R67 S?: 3rd party claim rule over attachment and replevin Warrant of seizure – search warrant in criminal cases
warrant of distraint and levy – for local governments and BIR to satisfy delinquencies
5. Support pendente lite – pending litigation you can ask for support
a. Only prov rem that does not require bond. Bond’s use is to answer for damage due Sheriff attached D’s properties. Then summons was served to D. D moved to lift the
to unlawful issuance. attachment. Rule.
b. Unlawful issuance, effect: you can’t recover damages, only reimbursement or 3rd I will grant the motion. Summons must be served prior or contemporaneous of WPA. No
party complaint in same action jurisdiction over the defendant was obtained.
c. If refused to comply? Court may order execution, contempt
d. 2 instances when writ of execution is issued before judgment: Writ was issued. Then Nov. 19 the Sheriff levied D’s property. On Nov. 20 the Sheriff
1. Support pendente lite served the summons. D claimed that the WPA is not properly issued.
2. Indigent no filing fees a. Is D correct?
e. Can support pendente lite be dissolved? Yes, if there is no more reason to give b. was the WPA properly executed?
support a. No, in the stage of issuance there is no need to acquire jurisdiction of the defendant
through summons
b. No, in the stage of execution, there is a need to acquire jurisdiction of the defendant
Q&A through prior or contemporaneous summons
I. PA
Differentiate TRO from Status Quo Order
TRO – issued upon application of party; requires bond Order of court to deliver of personal property upon filing of bond
SQO – maybe issued motu proprio; no bond
Petition for Support pendente lite was filed against the accused rapist/father.
Accused insist he cannot be made to support as there is no finding he is guilty.
II. PI Agree?
May PI be issued ex parte? No, support pendente lite may be granted by RTC in criminal action for rape.
No, requires notice and hearing because it may cause injury to party enjoined.
Q&A 2017
Requisites of: Give brief answers to the following:
a. WPI (a) What is the doctrine of hierarchy of courts?
b. Final Writ of Injunction (b) What is the Harmless Error Rule in relation to appeals?
a. 1. Clear and unmistakable right; 2. Violation of that right; 3. Necessity to prevent serious (a) The doctrine of hierarchy of courts provides that where there is a concurrence of
judgment jurisdiction by courts over an action or proceeding, there is an ordained sequence of recourse
b. Granted after trial of action to such courts beginning from the lowest to the highest. A direct invocation of the Supreme
Court’s original jurisdiction should be allowed only when there are special and important
Injunction as ancillary remedy v Injunction as main action reasons therefor.
PI – temporary (b) The harmless error rule in relation to appeals provides that the appellate court should not
Final Injunction – permanent reverse a judgment as a result of any error or defect which does not affect the substantial
rights of the parties. [See S6 R51]
What is the proper procedure to prevent D from leaving Ph
hold departure order Defendant failed to file an answer within the reglementary period in a complaint for
unlawful detainer, default?
Can suit for injunction stop the president of the Philippines from entering into a No, there is no default in summary proceeding
peace agreement with MILF?
No, it is purely a political question. President is immune from suit. Plaintiff sought to dismiss her 1st complaint in RTC for wrong jurisdiction. She filed
2nd complaint, but due to reasons known to her she dismissed it. After a month she
May RTC issue an injunction without bond? filed 3rd complaint. Can the defendant invoke the two-dismissal rule?
Yes, if final injunction. No, because RTC is not a competent court. Two dismissal rule occurs when plaintiff has once
But in PI, GR: bond is required; XPN: exempted by trial court dismissed an action in a competent court.

An application for WPI with TRO is filed in multi-sala RTC with branches 1, 2, 3 and What is the mode of appeal applicable to the following cases, and what issues may
4. Executive judge raffled it and was sent to branch 4 whose judge immediately be raised before the reviewing court/tribunal?
issued TRO. Is TRO valid? (a) The decision or final order of the National Labor Relations Commission.
No, only the executive judge can immediately/ex parte issue a TRO effective for 72h. The (b) The judgment or final order of the RTC in the exercise of its appellate
branch 4 judge must conduct hearing to issue 20d TRO. jurisdiction.
a. There is no mode of appeal from a decision or final order of the NLRC, since such decision
May a justice of a division of CA issue a TRO? or final order is final and executory pursuant to the Labor Code. [Art. 223]. The remedy of the
Yes aggrieved party is to file a special civil action for certiorari with the Court of Appeals
b. The mode of appeal applicable to judgments or final orders of the RTC in the exercise of its
III. Receivership, Replevin, Support Pendente Lite appellate jurisdiction is a petition for review under R42. The petition may raise questions both
of fact and law. [S2 R42]
P filed complaint for foreclosure of mortgage of equipment of D. P learned that D
quietly disposed some of the equipment during the pendency of suit. What action to Court issued TRO and extended it on the same ground for 20days to enjoin the
preserve remaining equipment? defendant from entering the land. During the extended period, the defendant
Receivership. It is proper in an action by the mortgagee when it appears that the property is entered the land. Is he liable for contempt?
in danger (S1b R59 NO, TRO is invalid for being extended on the same ground. TRO may be ignored.

What is replevin?
In an unlawful detainer, the judgment orders defendant to vacate and pay Atty’s a. May OSG be compelled, through petition for certiorari (R65), to institute a Quo
Fee. Can he post a supersedeas bond? Warranto proceeding against a CA Justice who is alleged to be a Chinese citizen?
NO, supersedeas bond is availed if judgment awarded rents, damages and costs. Here the b. Does the lawyer who initiated the action have a legal personality to initiate the
judgment is to vacate and to pay Atty Fee which supersedeas bond does not cover. action for certiorari and prohibition against CA Justice?
a. No, it the proper remedy is mandamus. OSG function is discretionary.
2018 BAR b. No, only those who have a claim to the office can file a complaint
In an ejectment case,
a. Plaintiff resides in Italy. Defendant is in Davao. Is there a need for prior barangay Remedy if Motion for BOP is denied?
conciliation? File an answer within the balance of the remaining period.
b. The assessed value is P25k and instituted before RTC Davao. Proper?
c. Should complaint be verified? Remedy available to the oppositor of the appointment of administrator by the court.
a. No, it falls under XPN in Administrative Circular No. 14-93. Certiorari Rule 65
“Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to Is the petition for writ of kalikasan within the jurisdiction of the RTC?
amicable settlement by an appropriate Lupon” No, it is under CA/SC (Rules of Procedure for Environmental Cases)
b. No, MTC has jurisdiction
c. Yes Money claim of 180k from solutio indebiti is under:
Summary procedure. Not small claim because it is a quasi contract.
Feb 3 Order granting ex parte application for PA was served to defendant. Mar 1
complaint and summons was served to the defendant.
a. Can the WPA be dissolved by the defendant? On what ground?
b. If defendant posts a counter bond, is he deemed to have waived his claims for
damages arising from the issuance of WPA
a. No, jurisdiction over the defendant is not yet required in this stage because the WPA is not
yet implemented.
b. No, a motion to release property from attachment is treated as a third party claim
(R57S14) (Rural Bank of Sta. Barbara Case)

First dismissal was at the instance of the defendant on the ground of lack of
jurisdiction. Second dismissal was at the instance of the plaintiff. Will two dismissal
rule apply?
No, it will not apply if prior dismissal was done at the instance of the defendant.

Does the nullification of dacion en pago bar the filing of the interpleader case?
No, because res judicata will not apply due to not identical COA.

Defendant filed an answer with an affirmative defense that the purchase price is
fully paid and for this reason the complaint for reconveyance should be dismissed.
Is motion for Judgment on the Pleadings proper.
No, the answer tendered an issue

What is the remedy of the purchaser to nullify a reconstituted title which is obtained
through a Petition for Reconstitution of Title?
Annulment of Judgment under Rule 47. (Note: Petition for Relief must be sought first before
seeking Annulment of Judgment. But in Petition for Relief, the one obtaining a remedy must
be a party thereto.)