JURIS NOTES IN CIVIL PROCEDURE (2008: x Lex Talionis #Fraternitas, Inc. Justice Ma. Cristina Cornejo PRELIMINARY CONSIDERATIONS RA 7601- Expanded the jurisdiction of MTC April 1994- take note of the amencments Different dectrine or rules relating to jurisdiction Jurisdiction vs. Venue Venue: the place of institution of action file the complaint the court of the place as provided in Fule 4. CCnit case: venue can be agreed upon by the parties jit must be restrictive and exclusive) Criminal case: venue is not subject to stipulatios parties because itis jurisdictional Insituted only in the place where the crime wa fr where any of essential elements of the c {in cate of continuing crime} Jurisdiction: a matter of substanth procedural Law How to determine jurisdiction By the allegations in read the allegatior plaintiff's cause of Cause of action an act or omission com, Ex. Non-payment of & of plaintiff to collect b his right of action Jurisciction is deter ard rat in the answer, of the complaint Ex forcible entry or unlawful detainer=MTC Ex breach of contract= RTC incapable of pecuniar estimation If damages are also increased included- js only incidental “to determine what jurisdiction or court= go to the operative law luriséction is conferred by law. of the SODALITAS DUCUM FUTURORUM Unless requires Retroactive effect Sec 7 RA7681 Retroactivty applicable only ta civil cases RA 7691- claims for sum of money (don't apply the totality fn rule) principal claim only/ excluding the attorneys fees, court expenses, damages, interest Ex, Unlawful detention/ forcible entry Rule 70 cejon interdicial RTC (accion “Jurisciction is determined by the aw enforced at the time of the commencement of the action -at the time of filing of the complaint (initatory pleacing) Ex. Complaint is for sum of money for PS0,000 at the time Commencement of an Action (ee 5) the law enforced it BP 179 Civil action is commenced by filing of the complaint but it BP 129 = 20.000 MTC/ 50,000 RTC only by the payment of the required docket fees that the RA 7691 = 50,000 NTC (as of April 1994) Court acquires jurisdiction over the case (Manchester case) What law is in effect at that time to determine what court ex. Damages: would have to be quentified- basis of the has jurisdiction filing fee. -indicate in the relief portion the amount of damages Rule of adherence to jurisdiction you're asking for. Ex. BP 129- there's a pending action in the RTC, apply RA 7691- expanded the jurisdiction of MTC ‘under the rule jurisdiction remains 1969-2008 39 pears of excellence and superiority PagelJURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo 1; What if you have alreagy paid the required docket fees Dut the judgment awards more than the amount you asked for. Is the court deprived of jurisdiction? No. “it will cause a first lien over the award ( Sun Insurance case ‘moditiea the Manchester case) Once the judgment becomes final executor, it will be the first to be exhausted from the award Rules of Procedure must liberally corstrued, but not on Compliance with the required reglementary period especially ‘appeal (STRICTLY CONSTRUED) Exception(example) “motion for reconsideration- must be done lume required “0 extension allowed Rule 2 Sections 1 and 2, 3 and 4 Section- Because in a spectat proceedings, there is no cause, ‘without cause action, in Civil action- such would Cause of action Before 1997. Any right vi You cannot make t several complaints Example Ina case invotving a law: Y¥ can flea cause af action eithor for = Gailection of sum of money based on ron-payment = can fie a special civil action of foreclosure of real estate mortgage remedy 1n case of splitting of causes of action: mation to dllsmiss on the ground of itis pendercia vs. Res judicata Litis pendencia- at that time, there is a2 case involving the same parties same subject matter and same cause of ection. Res judicata at the time the 2 action 's fled, the first action has been decided with finality Joinder of causes of action ‘A. Compiaint= contains several causes of action ‘ut subject to imitation (memorize the limitation) Rule 3 section 6: joinder of parties i permissive = A right of ‘relief which arises from the same transaction or series of transaction AB and C executed 1 PN n favor of X me Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM AB and C are liable in diferent amounts but are contained in a PN You have to jain AB and C in complaint hecause action arises from 1 PN Join togetner several causes of action You can't join partition with foreible etry o unlawful detainer C._ Relate toRA 7691 -apply the tatauity rule only on the Principal claim Ex. Indebtedness on tne amount of P150,000-TC ven though there's damages, cost, attomey's fees etc. 9, erroneously party, you have to state pi@ad the sald necessary, our explanation satisfactory, the ad the necessary party “it despite t the court, you der, you did not follow the order of claim against that necessary. Class suit Subject matter- common or general interest to all common persons Instituted by a group The member of persons filing the action must sufficiently represent their claim Ex. 10 persons only 10 persons filed most sufficient to speak for the 1M or other members Rule 3 sect Inthe alternative either/ oF 1969-2008 39 pears of excellence and superiority Page2,JURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo (Owner of certain goods, loads his cargo for delivery to a Censignee in Cagayan de Oro at the time he leads the goods in the ship, the geads were in goed condition, upen reaching Cegayan, goods were discharge to a warehouse ard were subsequently delivered to the consignee upon the delivery to the consignee, the goods have been damaged. Plaintiff: not aware in whose hands the goods were damaged sin transit or in warehouse: filed @ case against the deferdants in the alternative you let them show that they have no responsibility at all= so implead then alt Se everybody under the name they are known those comprising the association willbe the ones to Sec 16 relate to sec 29 Effect of death Sec 17 before the court can acquire substitute, he must serve only is order What are the actions that survive? MEMORIZE, {implied the action ‘money claim judgment = action is extinguished, ‘against the estate - If awarded on the claim (based on contract) the avard will be against the estate and you will be made a preterred crecito. Indigent itigants= not peuper anymore Wit of preliminary attachment -Filed at the time of commencement of the action (based on centract) ‘upon the death of the defendant not dissolved Not extinguished: action becaute the writ i simply a provisional remedy Rule 4: Verue whereas, jurisdiction is conferred by law, venue can be ‘agreed upon by the partes, ‘The agreement on the venue must be valid, and if the agreement on the verue is present “if restrictive= valid may not use Rule 4 If not retrictive~ no agreement on venue at all Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM Rule 4 apply if: ‘There is no agreement on the venus or If there is an agreement, but such agreement is net restrictive Action in personam - but it has to be instituted in the court ‘were the property s located, Resident defendant Sec 2 "AL the election of the plaintiff apply only to resident- under cath a particular paragraph truth ofthe matter eran has no knowledge sufficient (0 form a belief as to the matter of par. 1, 2ete Affirmative =the defendant admits the allegations, but that could prevent recovery of the claim “basically, Lie grounds for motion to dismiss may be used or razed at an affirmative defense Improper venue may now be impleaded in the answer *if'you plead an affirmative defense in the answer, you may ask for a Preliminary hearing for your affirmative answer {it as if you file a motion to dismiss) ises new matters 1969-2008 39 pears of excellence and superiority Page3.JURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo Compulsory Counterciaim (recoupment) ‘arises out of by reason of or necessarily connected with the adverse party's claim Permissive Counterclaim (set off) [Does not necessarily arse of oF Is not necessarily connected vith orignal claim “can stand independent adjudication “requires the payment of docket fees Ex Avs. 8 Fer collection of sum of money B. counterclaim = A likewise obtained a loan from 8 -yau have to pay ling fee nal ( parang separate rat) cross-claim clatm of his co-party Ex Avs. BandC Biles across claim against C Reply- opticnat only Section 11- 3°44 party complaint Sec 12: bringing in new parti Example sec 11 froney, but gave half oft tC ‘sa Usapan of B and C (basta B bayaran So, 6 may ~ There are two subject matters here Rule7 Sec 4and 5 Sec .4- Verification -verification must be under oath (affidavit) (Personal krowiedge and beief) ‘Certfying the corrections of the knowledge: “Truth of my personal belief and knowledge. Unless and until the rues requires for verification in the pleading shell not be verified Sec. 5 - certification against forum- stopoing Frum mean: Court Tribunat Judicial agency Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM Shop of forum that could be favorable to your action ‘every intiatory pleading must contain a certification against forumr-shopping 50, a complaint must always contain a certification of non forum shopping, Counterclaim- no NES Compulsory-certity NFS i not required Permssive-certify NFS is required (can be considered as an inkiatory pleading- can be filed separately na hast) Ue as long as you say ral does NOT apply when for the certification (natural or 2 duly authorized rough a broad t 2 court, tribunal nor a quasi {forumshopping, which case shal be dismissed, the 1" case Orthe 2” case! A: Roth of the cases will be dismissed. It ic because by the fact that you committed a forum shopping, thus, you are in bad faith. (Pail. Estate Gott case. 1998) Rule ‘Manner of making allegations =the party may appeat facts of which he is certain and those ‘which he ts not sure (just pur everything you went to plead) 1969-2008 39 pears of excellence and superiority x &JURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo “The parties are given the chance to plead all the grounds but ‘it is up to them prove what isthe truth. Sec 3 Ex. Rule 16 last par failure to comply with a particular condition. Such must be alleged in the complaint ( that it was Complied- no more details: general averment only) Reconciliation among the family members must be averred, Grounds for fature to compl ‘snot prematurity but failure to comply with condition precedent. Ex: (Administrative Lam) barangay conciliation “Exhaustion of administrative remedies Following the remedies prescribed by cetain, Sec. 6 If you invoked a judgment whether Io have to allege that this has been rend its laws? Ex, Foreign judgment rerdered by ‘A: No need io allege in details Why? Because there’s. alway which rendered the judgmer How to contest the genuineness and due execution of document (memorize) You assail it by specifically denying under oath the genuineness and due execution of the document. Rule Sec. 1 Omnibus motion rute (OMR) Join every defenses or ground that you have (isama mo lahat, ‘sabi ni mamt) as long as you have objection or defenses whether in a motion to damias or inthe enawer Motion to dismiss (MD) “Interrupts the running period of fling the answer “IF MD Is denied start the running period (remaining pertog) upon receipt ofthe notice denying the MD. Lack of jurisdiction over the subject matier= mears: over the ature of the action Inrelation with criminal procedure -alloge all grounds in the motion quash Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM do fle a movon to quash within the time atowed. I you fated to file a motion to quash within the time allowed by laws you waive such right ‘These 4, even if not raised is not waived jcriminal procedure) 1," No offense charged (the facts do not constitute a crime} 2, Lack of jurisdiction over the offence charged 3, Criminal ability fs extinguished 4. Double jeopardy Back to civil procedure! party Is sovored with summons: said party must file an lared defendant in vice of summons cannot automatically must first be a copy of which jea the side of smay be resorted ‘executory ‘aneulment for judgment: Rule 47 Baced an ? grounds: 1. Lack of jurisdiction 2. Extrinsic fraud if the judgment became final and If declared in default, P is allowed to present evidence ex pate. {does not mean that P will always win, he must still present evidence. Burden of grocf ison the part ofthe plaintiff.) Rule 10 ‘Amended vs, Supplomental Pleadings 1969-2008 39 pears of excellence and superiority PagedJURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo Amended pleacings ‘you made on alteration or modification inthe pleadings “The amended supersedes the crignal. me Supplemental “you addto the orginal pleeaings “ust added tothe original Amended “only once 2s a matter or with prir leave of court Supplemental Only with prior leave of court ‘matter of right (on the part of the pleader) Why @ matter of right? AA: because you can do it without prior tea once) before a responsive pleading is filed ie. ‘even if no resporsive pleading has be amended on the 2" 3° ec, ‘nly once! -after the fist, leave of co P files a complaint serves to ‘ismiss- grounds: comp Sec. 5 is one w the issues which the pre-trial co “tet the pleadings evidences. -failure to amend, willbe offered and ce sec. 8 “admissions in superseded pleading: may be received evidence against the pleader.” Why? Because they are already judicial admissions in that particular case Negative pregnant: denial pregnant with admissions Definition: It is a denial in such form as to imply or express an admission of the substantial fact, which apparent is Contraverted. it's a form of denial, which really admits the important facts contained in the allegation to which it relates While itis a denial in form, ts substance actually has the effect of an acmission because of a too literal denial of the allegations sought to be denied. This arises when the pleader ‘merely repeats the allegations n anegauve form, Rule 14 Sec. 11 “if filing a motion to extend time> must be filed within the period to file an answer because if filed outside the said period, Ic will be denied. Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM “for as long as there 18 no order of default. yet, an answer, but with these words. to admit..." fou may sti Rule 12 Bill of Particulars when the allegations (In general tems) in the pleading vague and amb guous. Remedy: “move to be furnishee with more definite statement -must be filed within the period to file an answer once filed a motion for bill of particulars, it interrupts or stops the runing period to which to fle an answer. 3 the receipt of the bill, production of Registered mail- s¢ of 5 days from fist notice! Priority in service: always personal “written explanation--must be had if ether modes is used (Usually at the bottom ofthe pleadings Sec 14.-IMPORTANT! Cause of notice of lis pendens - exclusive Only to those affecting the ttle to or the right of possession of reat properties! “ay only be cancelled by order of the court! (2 ways under the Rules of Court, check the nature of the ection) Rule 14 1969-2008 39 pears of excellence and superiority PageOJURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo Generally itis by viru of summons, that the court acquires Juriscietion over the defendant Service of summons: 1. Personally 2. supstituted service 3. Publication “cannot be served by mail! Before the revision of the Rules of Court, in an action in ppersonam = service may be made only or by substituted Serviee (REASON: directed to the individual) If the action is personam but aganst ap defendant end with property tn the Phitippines property and fer ite attachment; the acto personally “itp, he am -there’ must b failure Effect: CA Via notice ord of appeal Within ps ‘order to allow the appellant prepare his service of judgment RTC > Sandigan > SC Petition for review on certiorari Rule 45 watnin 15 days RIC > sc Allowed direct appeals to SC but only with respect to pure ‘questions of law. NOTE: for academic purpose, memorize rule 42 1969-2008 39 pears of excellence and superiority Pagel 4JURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo In non- appeaiable cases, the remedy Js the Special civil action under Rule 65, grave abuse of discretion, amounting to lack er excess of jurisdiction Certiorar, Mandamus, Probation Under rule 63- common denominator: there ts no appeal nor any plain speedy end adequate remedy in the ordinary course of law. ‘The “no appeai” contemplates that the order is really non- appealable. Note: there was an appeal only that there is failure to file seasonably a notice of appeal on Petition for Review ard or such period expires, the judgment would become executor. Certiorari is not and cannot bea substitu error of jurisdiction Rule 65 Rule 42 Petition for review (RIC > CA) Mode of appeal Because RTC is in exercise of the decision of the MTC Appeal is deemed perf bth sides. Sec. 8b mic > ate judgment perfecting an If RTC affiims the executor) Incases covered by Reguar Rules of Procedure mc > RTC Stay by posting a superseadas bond RIC CA Petition for Review Rule 42 May stay the execution in the RTC by filing 2 petition for Review unless CA orders otherwise. ‘That 1s why there Is a need to determine whether a case is governed by summary procedure or regular rules. ‘As a ule, itis always in the Court of origin where a motion for execution is filed |summary precedure) But f the records are already transmitted to the RIC, may reiterate the motion to Ure RTC. Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM ‘hin the 15 days from notice of judgment, appetianc’s duty to file a memorandum, discussing the errors on said judgment. However the appellae may answer. (may or may rot) Failure © f appellant to file a memorandum- ground for asmissat Rule 45 sions made now, it jo annul judement of, Sec. 7 -ifpetition Sec. ¢ “must indicate attorney I reversal of decision: court may order restitutien er ether relief Rule 50 Sec. 2 I pure questions of law, go directly to SC I you filed it in the CA fe shall be dismissed. If from RTC in the exercise of appellate- use Petition for Review, otherwise: outright dismissal 1969-2008 39 pears of excellence and superiority Pagel SJURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo Rule 36 Sec. 7 Incivil easee = If the opinion is equally divided of the necessary majority cannot be had, the Supreme Court must deliberate again. + Wafter the deliberation, they are still equally divided or no majority can be had- the original action in the SC will be dismissed and the appealed Judgment wil be affirmed. In criminal cases = If on the deliberation the required number cannot be had- & follows the reversal of judgment. It only means that there is doubt on the guiltiof the defendant, thus the court cannot realy deg PROVISIONAL REMEDIES (Rule 57-64) Writ of Preliminary Attachment may be issued ex parte -there ts stil a hearing for purposes o such ground to Issue the wet (se, -you have to give the factual conduct the application wit the partys notified, the Replevin can be a main action o “filed at any time: commencement of Injunction +i as. provisional -if in the main injunct led ether at the 1e before judgment MEAL of the action oF “Provisional remedies itself cannct stand alone, it cannot be {sued without a main case. ‘Attachment “filed elther at the commencement of the action or at ary time before judgment Recewership May be filed either: = after the commencement ofthe action = after judement. = onappeal @ why A: Because the purpose of receivership is to preserve the property involved in the litigation and to protect the interest of the parties. Support pendente lite me Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM -filed only in action for support where the right of support NOT i issue “if suppert‘s in isue- it cannot be granted because what i ‘very litigated isthe right for support. Q Can a court issue wrt of preliminary attachment without the court having jurisdiction ever the person of the deferdant? ‘A: Yes. Because it only involves the mere issuance But as far as implementation is concein, there must be 2 por ar contemporaneous service of summons. Tin the performance. tuting fraud ginning there really dation, the check fraud in the gation and in the of obligation, the check at. | Beetiminary attachment may jement ofthe crime) ment may be applied but ret on fraud ie not an element of the Can insolvency of the defendant debtor be considered as a ground for the issuance of the preliminary attachment? [A: No. Because you did not commit fraud or made fraud Sec. 1 par F Rule 97 remember the instance where the service of summons be effected through publication +2 foreign corporation duly licensed to transact business in the Phil is not a non-resident. Therefore, its property in the Philippines may not be attached on the ground that itis a nowresident. 1969-2008 39 pears of excellence and superiority PagelJURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo Attach the property if the resident defendant Is unknown oF his whereabouts are unknown, but with properties in the Philippines 9 sir temporarily out of the country “ifm property in the Philippines and a_ non-resident deferdant- NO service of summons by publication. Sec. 14 Rule 14 “in any action- must be against resident deferdant -but if against non-resident and no property no sevice of summons by puatication REMEDY: pray for the defendant to come to the Philippines. Sec. 1 Rule 57 Doctrine of Prior o* Contemporaneous Service of Summons Sec. 3 Rule 57 Wvemorize wie 4) 41. the sufficient cause of the act 2. those mentioned in the section 3, there fs no other sufficient se 4. the amount due to the applic property in possession the attachment will constitute -if judgment is rendered in of the property REMEMBER: ‘The attachment is summons. The cou person-defendant. Sec. Trule 57 Garnishment- stocks or shares er any interest in the stocks ‘species of attachment -a form of attachment on securities Who is served with the writ? {A It the person in possession of the stocks belonging to the defendant, The possession will be made a forced Intervenor- because there willbe a novation. ‘The possessor now becomes the debtor of the creditor applicant but only with respect to the property in his possession being the subject ofthe attachment. @ Is I necessary that before the court could acquire Jurisciction over the gamishee, summons must be served in ime ‘A: No, Just served the writ and he will then become a forced Intervenor. Sec. 11 Sale of attached property Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM @ under what circumstances? 1. Perishable 2. That interests of all the parties to the action will be subserved by the sale. “Applicant must post an attachment bend Counter-attachment bord for persons whose property is attached. Sec. 12 Simply file 2 motion to discharge or release the very cause of action cannot simply file a counter-bond.. the attachment ake your claim on the am in your answer. same action. prahibitory injunction mandatory injunction long as the main action is within Grounds for issuance (see Rules of Court) “if the preliminary attachment the applicant tas the ‘opportunity and obligation to establish tne facts fnvolved. Ie fs greater required in the preliminery injunetion. -do rot perfurctorily avail of the use of words- you must ‘establish the facts to grant your petition, Q¢Is there 2 need to post a bond in asking for a TRO? A; Yes. TRO has been elevated tb the level of Preliminary Injunction 1969-2008 39 pears of excellence and superiority Pagel 7JURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo REASON: to curve down the sale TRO. Same with the endition for application of the bond, ‘TRO (temporary restraining order) -sranted only if there is urgency. -{o prevent tne continuance or tne stop of performance before the matter (ex. Preliminary injunction) could be heard on notice ‘if you file an action with prayer for preliminary injunction ard TRO: “file with a single court: no problem (no need to raffle) it filed with a mutti-eala court ( 1 court several branches) “The application would have to be raffled in gjder to determine what sala the TRO would be heard and “The mere filing of the action must be given party Summary hearing ~ For purpese of the TRO “if the court finds the applic {sue TRO valid for 20 days f "Wf the matter is of executive Judge. Ie hours. immediately upon tf ‘TRO, the executive court, in arder fort TRO oF 72 hours. if the extension i& granted, the 72 hour will be ext but deduct the 72 hours from the 72 day period. *if the TRO of 72 hours has been issued and has expired, after Which the case is to be rates to the reguar courts, but if the executive judge forgot to raffle such the case will only be raifled after the said 72 hour period, Q: Can the regular court act for the extension of the TRO? A: No because It alreedy expired. Sec. § Effectivity of TRO CA within €0 days SC indefinite- unt further notice ‘if the TRO ie granted, the application for preliminary Injunction must be resolved within 20 days: t must be set for hearing and resolve it. Sec. 6 Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM I the pretiminary junction is granted, Ue subject matter of the action for injunction is suspended because the court have todetermine whether tohave # final ar not Writ of preliminary injunction- to refrain from performance ofanact Preliminary _mardatory performance of an act, Injunction- te compel the Q: Can you avail of a TRO if you seek the performance of an act? AA:No, Obviously by the word “restrain” sum of meney, is force a lien over the of the appointment rt which appointed sasance of the fed aganst the 6 personal ho caused the the receiver. e Sz It real property remedies are: 2, Accion interdictal- recovery of physical possession (filed within t year) b. Accion publiciana- more than 1 year © Accion reinvincicatoria- to recover possession and ‘ownership fed of to enforce real rights, the Replevin must be filed anytime before a defendant files an Requirements: 2, Affidavit b. Post abond 1969-2008 39 pears of excellence and superiority Pagel 8JURIS NOTES IN CIVIL PROCEDURE (2008) Justice Ma. Cristina Cornejo Must show evidence of unlawiul detention of the Pesonal property. How? Application of writ of replevin. Exparte is allowed, Q: Is there 2 need for the court to set an ex parte hearing? AA: Yes because there is still a need for the court to establish whether oF not applicant is entited to the writ. Burden of proof: on the applicant (as an affirmative defense] Sec. 2 ‘Affidavit and bond “actual market value- very important. Basi of the bond Bend= double value of the property Sec. § Preliminary attachment: “for purposes of attactiment- post a bond “for purpotes of dischargo= post a counter. Preliminary injunction: “injunction apalicant The right for supports, Sec. 2 The adverse party -after the comment. the application shall b days. Sec. § If an order has been issued but the reason against whom the order is ssued does not want to obey: a Lex Talionis #Fraternitas, Inc. SODALITAS DUCUM FUTURORUM you must file a separate action for reimbursement against the person who i supposed to give support SPECIAL CIVIL ACTIONS. Initiated by complaint Tied by petition responsive pleading responsive pleading: answer ‘comment Covers: partition Covers: declaratory interpleader, relief, certiorari, expropriation, ffebte | protibtion, mandamus, lawful detainer, complaint, several Caimante, answer le solely to that to that action, the br shall govern. judgment. ‘written instrument ‘a special civil action Rule final judgment order or Contempt Rule 4 2 Order exccution against him through writ of Covers orl Covers anything execution or final erde Event the order is just interlocutory, such order is enforced Pariod to fle: Deriod to Wer with 6 days against the adverse part, days “IUIs an exception because as @ rue only final judgment may be enforce. But here the main action is sill pending, yet Seccé-cormmetil these is an execution Certiorai, prohibition, mandamus se ; 3 Same bengmentonea mts at ere mus veanooy | Heath apetian eres : “evil action is impliedly instituted withthe criminal action. In multiple rape- support is allowed, but the cwvil liability to acknowledge the child isnot yer required by law. Sec. 7 Court shall order the return of the support plus interest Grave abuse of discretion ‘There 1s no appeal or any plain, speedy and adequate remedy Inthe ordinary course of aw ‘There is no appeal: the resolution or order fs essentially NON= APPEALABLE 1969-2008 39 pears of excellence and superiority Pagel 9JURIS NOTES IN CIVIL PROCEDURE (2008) Lex Talionis Fraternitas, Inc. SODALITAS DUCUM FUTURORUM Justice Ma. Cristina Cornejo promptly relive somebody from the injurious effect of the {judgment appealed Certiorari canrot be a substitute far appeal Review: errors of jurisdicticn Sec. 4 where to file RIC- if relates to acts within territorial jurisdiction ‘The act done is within the territorial area where the lower ‘court is sitting which issued the appealec order ‘Sec. 8: comment i filed, not an answer. To hear the case: 0 trial on mers: it is as. action: thus- ithad its own procedure, Expropration “formerly eminent demain- Filed through « complaint IF the owner has no ebjection to manifestatin-no objection Hf there is an objection by the ow 1969-2008 39 pears of excellence and superiority Page20