Friday, 14 August 2020

2:06 AM
 
 Basis of Search Warrant - searching questions
 Basis of warrant of arrest - based on the record itself
 
 
 There are cases that are originally filed before the Court of Appeals
 
 
 Supreme Court - constitutional court
 MTC, RTC, CA - statutory courts
 
 Considerations before filing with the Sandiganbayan
o Position
o Offense
o Amount of Damage
 Subsection a-g, exclusive irrespective of salary grade
 
a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and other provincial department heads:
 
(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department heads;
 
(c) Officials of the diplomatic service occupying the position of consul and higher;
 
(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
 
(e) Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent and higher;
"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
 
(g) Presidents, directors or trustees, or managers of government-owned or controlled
corporations, state universities or educational institutions or foundations.
 
Pasted from <file:///D:\LAW%20FILES\2nd%20yr\2nd%20sem\Civ%20Pro\civ\sandiganbayan.doc>
 
 Dismissal in violation of the speedy trial rule amounts to acquittal.
 
 Interests, damages, attorney's fees are excluded in determining the jurisdiction of
the courts unless if it the main cause of action.
 
 There is a case filed in MTC, the alleged amount is P250,000, but upon trial, it
turned out that the amount is P600,000. The court can only grant up to P300k if outside
Metro Manila of P400k if within Metro Manila.
 There's a case in RTC, alleged amount is P600k where the actual amount is only
P280k. The RTC can grant the amount of P280k.
o If the RTC can grant a higher amount, then why can't it grant a lower
amount right?
 
 If an action ceases to be summary action, jurisdiction still lies in MTC.
o It arises from criminal negligence.
 If 10k and below - summary
 If more than 10k - regular action.
 
Personal Action Real Action
All other actions are personal actions Title to, possession, interest in a property
o Recovery of possession o Unlawful detainer, forcible entry, acc
of personal property accion reinvindicatoria
o Declaration of nullity of o Recovery of possession of real prop
marriage foreclosure
o Specific performance o Annulment of real estate mortagage
with damages sale
o Declaration of nullity of
contract of loan
o Sum of money
 
 
In Personam In Rem Quasi In rem
Seeks to impose personal Directed against the thing itself Names a person as defendant
responsibility or liability subject that person's interst in
corresponding lien or obligation
o Action to o probate of a o Attachm
recover a parcel of land (real) will o Foreclos
o Action for o Land o Action fo
damages registration o Action fo
o Specific o Petition for o Annulme
performance adoption sale.
o Auction sale o Annulment
o Collection of of marriage
delinquent taxes o Correction
o Action for of entried in birth certificate
reconveyance o Nullity of
o injunction marriage (personal)
 
 
 
 Plaintiff filed a case against defendant for recovery of parcels of land.. Lot A in
Legazpi is with an assessed value of P18k. Lot B in Tabaco is with an assessed value of
P30k. Lot C in Naga is with an assessed value of P45k.
o Lot A - MTC of Legazpi
o Lot B - RTC of Tabaco
o Lot C - RTC of Naga
 The cause of action arising from the recovery of lot B and lot C
cannot be filed jointly in RTC Tabaco. (Rule 2 Sec. 5) Research!!! Di ko gets!
  
 Prohibition on splitting causes of action; Reason
o Clogs court dockets
o Vexatious litigation
o Operates as harassment
o Unnecessary expenses
 
 In BP 22, the civil action must already be incorporated in the criminal action. No
separate action.
 
 Requisites of Right of Action
o Right of action must be based on cause of action
o Condition precedent must be complied with
 Compromise - Suits between family members
 Katarungang Pangbarangay
 Exhaustion of administrative remedies
o Legal standing
 

Damage Injury Damages
Loss, hurt or harm which results from injury Legal invasion of a right Recompense or compensation a
damage suffered
Damnum absque injuria - loss or damage    
without injury
 
 
 A and B owed the plaintiff 400k each. They are completely different transactions.
If the plaintiff joined them as parties, there is only a misjoinder of parties and is not a ground
for dismissal. A and B should be sued and proceeded for separately.
o For instance, the debt of A is only 200k and the plaintiff sued him before
the RTC, the case shall be dismissed for lack of jurisdiction over the subject matter.
 
 Juridical persons are vested with law with artificial personality clothed with rights
and obligations.
 Substitution is important in due process.
 
 
 
 Annulment of reconveyance
o If there are many co-owners, it is sufficient if one co-owner is the plaintiff
o If the co-owners are the defendant, all of them must be impleaded
 
Art. 487 NCC- Any of the co-owners may bring an action on ejectment.
 
 A, B and C are co-owners against F,G and H.
o A alone can file a case against F, G and H. If the case instituted by A
fails. B can file subsequently and then C and so on.
 o Remedy of defendant F, G and H - file an answer asserting that the other
co-owners should also be included in the action.
 
 Substitution is only proper when the party has heirs and the action survives.
 
 There is no regular or proper substitution, but parties are bound:
o Voluntary appearance
o Actively participate in a case.
 
 Mixed actions
o Combination of real and personal actions
o Ex: Pulciciana with damages
 
 If the venue is improperly laid, you must object immediately, otherwise, it shall be
waived.
 
 The parties can stipulate on the venue of their action. It may refer to the
exclusive if the stipulation explicitly provides that the action shall be tried exclusively and
only before that court. It should include words like "only" or exclusively." if it does not, the
stipulation will only be permissive and shall be considered only as an additional venue other
than that provided by law.
 
 Every complaint must be signed by the plaintiff.
o XPN: SPA
o Even if the complaint was prepared and signed by his counsel, in the
certification against forum shopping, the plaintiff signs there. It is attached in the
complaint, and it is the plaintiff himself, not the counsel who shall sign it.
o In case of corporation, the one who signs it is the in house counsel.
 
 With regard to answer, it is not mandated that it must be signed by the party
o XPN: if the answer is under oath.
 
 Negative Pregnant
o Deny the meat of the allegation
o Allegation: On Sept. 1 at the residence of the petitioner, the respondent
without reason and provocation killed the petitioner.
 The underlined should be denied specifically. If there is only
general denial, it will constitute negative pregnant.
 
 If defendant denies based on lack of knowledge, information or belief, it deemed
admitted.
 
 Ultimate facts - constitute cause of action
 
 
DEFAULT
 
 Default is not automatic. There must be a motion filed by the plaintiff for fair
administration of justice.
  
 Motion to extend time to answer, motion to set case to pre -trial - ex parte
proceeding
 
 Partial default - When a pleading asserting a claim states a common cause of
action against a several defending parties, some of whom answer and the others fail to do
so, the court shall try the case against all upon the answers thus filed and render judgment
upon the evidence presented.
 
 If there are many defendants and there is only one defense, only one should file
an answer.
 
 General Default
o Render judgment immediately
o Present evidence ex parte
 
 Limitations for Order of Default
o Relief granted should be limited to what is prayed for. Should not be
different of what is prayed for.
o Shall not exceed of the amount prayed for.
o Shall not cover unliquidated damages
 Unliquidated - not determined damages
 Liquidated - determined. e.g.: Breach of contract entitles the
offended party 50k
 Reason for the rule: since there is no evidence presented, and it is
unsubstantiated, the court cannot just guess on the amount of the unliquidated
damages.
 If plaintiff has claim for unliquidated damages, evidence should be
presented.
 
 If there is failure to file answer, allegations in the pleading are deemed admitted.
 
 Motion to Admit - only for justifiable reason why defendant is in default
 
 An order denying a petition for relief seeking to set aside order in default is not
merely interlocutory but fiscal and appealable.
 
 Effects of Default
o Cannot object
o Affirmative relief
o Does not disqualify as a witness / participate as a witness
 Corroborating the testimony of the one who answers
o Party in default is entitled to notice of hearings, orders and judgment.
 
 Only motion allowed
o Motion to set aside order in default which is a litigated motion
 Ground - meritorious defense - under oath
 It is futile t participate if there is no meritorious defense
 
  

 
 
 
 
 
 
 
AMENDMENTS
 
 Basic Purpose: to avoid multiplicity of suits and in order that the real
controversy between the parties are presented and the case decided on the merits without
unnecessary delays.
 
 The filing of an amended pleading does not retroact to the filing of the original.
 
 Amendment which merely supplements and amplifies facts relates back to the
date of the commencement of the action.
 
 Amendment is not proper:
o Court has no jurisdiction over the original complaint
o It would result in delay
o It would result in a change of cause of action or defense or change the
theory of the case
o Plaintiff has no cause of action at the filing of the original complaint and
the purpose of amendment is to introduce a subsequent accrued cause of action.
 
Amended Pleading Supplemental Pleading
Refers to facts existing at the time of the commencement of Facts arising after the filing of the original ac
the action
Results in the withdrawal of the original pleading Merely an addition to the first pleading
May be made as a matter of right when no responsive Always with leave of court
pleading yet
 
 
 NOTICE OF LIS PENDENS
 
 Intended to protect the real rights of the party who caused the registration
thereof. it serves as a warning to prospective encumbrancers or purchasers that they
should keep their hands off the property unless they wish to gamble on the result of the
litigation including the same.
 
 Court can order cancellation of the notice lis pendens:
o Circumstances are imputable to the party who caused the annotation of
said notice as where the litigation was duly prolonged to the prejudice of the
defendant.
o Case which is the basis of lis pendens was dismissed for non-prosequitor
on the part of the plaintiff or judgment was rendered against the party who caused the
reading of said notice.
 
 
SUMMONS
 
 Validity of service of summon
o Whether the same were ultimately received under such circumstances
that no undue prejudice was sustained by it from the procedural lapse and that it was
afforded full opportunity to present responsive pleading.
 
 Service of Summons by publication
o Identity of defendant is unknown
o Whereabouts of defendant is unknown
o Defendant does not reside and is not found in the Philippines but the suit
can properly be maintained against him
o Defendant is a resident of the Philippines but is temporarily out of the
country.
 
 Service to juridical entities:
o President
o General Manager
o Managing partner
o Corporate secretary
o Corporate treasurer
o In-house counsel
 
 Service of Pleadings
o Determination if the adverse party had been served a copy
 Written acknowledgment
 Affidavit of service of registry receipt
 
 
MOTIONS
 
GR: 3 day notice rule + 10 day hearing of the motion rule
 
 Exception to the 3-day notice rule (Defendant should receive motion at
least 3 days before date of hearing)
o Ex parte motions
 Taken or granted at the instance and for the benefit of one party
and without notice to or contestation by any party adversely affected.
o Urgent motions
o Motions agreed to be the parties to be heard in shorter notice
o Motion for summary judgment which must be heard at least 10 days
before its hearing
 
 A motion which does not contain a notice of time and place of hearing or the date
of hearing is unintelligible, is fatally defective.
 
 What is mandatory is the service of the motion on the opposing counsel
indicating time and place of hearing.
 
 
MOTION TO DISMISS
 
Motion to Dismiss Demurrer
Grounded on preliminary objections Based on insufficiency of evidence
May be filed by any defending party Only by defendant against the plaintiff
Filed within the time for but prior to the filing of the answer of After the plaintiff has completed the presen
defending party to the pleading asserting the claim against by evidence.
him
XPN:
Lack of jurisdiction
Litis pendentia
Res judicata
prescription
 
 
 Limited only to all material and relevant facts which are well pleaded in the
complaint
 
 Lack of legal capacity to sue
o Plaintiff is either not in the exercise of his civil rights or does have the
character of representation that he claims.
 
 If plaintiff is not the real party in interest, it is with lack of cause of action.
 
 Litis Pendentia
o Same parties; there is substantial identity in the causes of action and
reliefs sought; the result of the first action is determinative of the second in any event.
o There will be dismissal of both cases - FORUM SHOPPING
 
 Res judicata
 o Requires a previous prior judgment in a case prosecuted between the
same parties involving the same subject matter and cause of action.
 
 Dismissal on the ground of prescription will be given due course if the complaint
shows on its face that the action has already prescribed.
o If it does not appear, the determination of the motion to dismiss must be
deferred until trial.
 
No cause of action - can be determined only from the facts alleged in the complaint.
 
 Dismissal is without prejudice except on the following grounds:
o Res judicata
o Prescription
o Extinguishment of claim
o Unenforceability under statute of frauds
 
 
NOTICE OF DISMISSAL
 
 Before answer or motion for summary judgement.
 The court will issue an order confirming the dismissal. It is not automatic.
 Dismissal is without prejudice.
o Exceptions:
 In the notice of dismissal itself, the plaintiff himself stated that he
is dismissing the complaint with prejudice
 When notice operates as an adjudication upon the merits when
filed by the plaintiff who has once dismissed in a competent court an action
based on or including the same claim. TWO DISMISSAL RULE.
 
 Plaintiff filed a notice to dismiss, but has a change of mind and wants to refile
again.
o Within 15 days from the time it is ordered, plaintiff should ask the court to
set aside the order of dismissal and revive the case because the order is not yet final.
o It the order is already final. Plaintiff shall file an entirely new action.
 
 Court can dismiss a complaint motu propio in the following instances
o When plaintiff is at fault (without prejudice to the right of counterclaim)
o No jurisdiction over the subject matter
o Litis pendentia, res judicata, prescription
o Summary rules.
 
 
PRE-TRIAL
 
 It is the duty of the plaintiff to move ex parte that the case be set for pre-trial.
o Within 5 days from the last pleading.
 
 STAGES
o Pre-trial conference / Preliminary conference
 o Court Annexed Mediation
o Judicial Dispute Resolution
o Pre-trial Proper
 
 Grounds for MD
o R16
o R17 (3)
o Demurrer to evidence R33
o R29 (3)
 
 Preliminary Conference
o Initial stage
o Marking of evidence
o Timeline of the proceedings
o Amendments
 
 CAM and JDR - it is where the court directs the parties to undergo mediation
process
 
 Purpose of Pre-trial
o To shorten the proceeding
o Expedite the litigation
 
 Other requirements: Judicial Affidavit of Witnesses
 
 Pre-trial brief - party should serve at least 3 days prior to the pre-trial
 
 A - with judicial affidavit
 B
 C } without judicial affidavit - they are not allowed to testify
 D XPN: there is a valid reason,
o no prejudice to the other party and
o upon payment of fines
 
 
 Compare
 
Ex parte + Judgment
DEFAULT , (failure to file answer) plaintiff has option to <
Judgment
 
 
 
NO PRE-TRIAL BRIEF Ex parte + Judgment
(default) the same effect <
When absent in the (court has no option) Reason: issues have
already been joined
Pre-trial
 
 
 
Dismissal with Prejudice - Adjudication on the merits
Without prejudice - penalty is the filing fee because he has to file again the case
 
 
 Suggestion - File the pre-trial brief together with the judicial affidavit within 5
days.
 
 It is the counsel's duty to notify the party he represents.
 
Present Present Effect
Plaintiff's Lawyer Defendant's Lawyer Proceed
Plaintiff Defendant
Plaintiff Defendant Reset
Plaintiff's Lawyer Defendant's Lawyer Dismiss with prejudice
Plaintiff's Lawyer Defendant Dismiss with prejudice
Plaintiff Defendant's Lawyer Reset or judgment after ex parte motion
 
 
 Client is bound by the acts of his lawyer even though they may be negligent.
 Judicial Admission - a conclusive fact
 
 Pre-trial will serve to eliminate unnecessary issues and will aid in the speedy
disposition of the case.
 
 PERSONAL APPEARANCE is necessary.
 
 Pre-trial Conference:
o Marking of evidence
 Documents not marked during pre-trial brief are not allowed to be
presented
o Adoption of evidence
o Manifestation as to the faithfulness of the representation
o Identify witness
o Formulation of issues : jurisdiction over the issues
o Agreement as to the date of hearing
 
 Pre-trial Order
o Required
o The script of the litigation
o Controls the proceedings
 
 A party must justify why a newly discovered evidence must be admitted. Court
has the discretion to admit it or not.
 o Consideration:
 Importance
 Delay
 Prejudice
 
 If defendant is absent during pre-trial he shall a motion for reconsideration and
lay down the reason why he failed to appear and why the order be reconsidered.
 
 
 Summary Judgment
o Remedy / procedure devised under the rules of court for the speedy
determination of a civil case.
 
 Suspending the Proceedings
o Not dismissal but the case will be held in abeyance.
o Ground for suspending : R20 Sec8
 Art 2030 of NCC: Proceedings will be suspended when:
 Willingness to discuss possible compromise expressed by
one or both parties
 One of the parties offered to discuss a possible
compromise but the other party refused.
 
 
 Plaintiff may be penalized by court with a dismissal of his complaint
o Failure to appear during presentation of his evidence-in-chief
o Failure to appear in the pre-trial conference
o Failure to file pre-trial brief
 
 Plaintiff allowed for ex parte presentation of evidence and judgment
afterwards
o Default
o Failure to appear in the pre-trial conference
o Failure to file pre-trial brief
 
 
INTERVENTION
 
 The right must be direct, immediate, actual, not expectant, inchoate or contingent
 
 Intervention as matter of right
o Intervenor turns out to be an indispensable party
o Class suit
 
 When filing a motion to intervene, the pleading-in-intervention should already be
included.
 
 
SUBPOENA
 
 Subpoena Ad Testificandum
o Process directed to a person requiring him to attend and to testify at the
hearing or trial of an action, or at an investigation conducted by competent authority,
or for the taking of his deposition.
 
 Subpoena Duces Tecum
o Process directed to a person where it requires him to bring with him any
books, documents or other things under his control.
 
Subpoena Summon
Directed to a witness To a defendant in a civil case
Witness is directed to appear at court or to bring Defendant is informed that a complaint is filed again
documents must file a responsive pleading within the period, ot
can be rendered
Witness will be declared in contempt or his Judgment in default will be rendered against defend
attendance can be compelled by a warrant of arrest
Applicable to both civil and criminal cases Only to civil cases
There is a 100 km limitation of its enforceability No distance limitation
 
 
 
Small Claims Summary Procedure Ordinary Action
Statement of Claim Verified Complaint Complaint
Form No form No form
Attachment o   -

Verified Verified Not

No lawyer With lawyer With lawyer
On the day filed, issue summons Not within the same day Not within the same day
Plaintiff given the authority to serve
summons
- can't use other modes of summons
- Plaintiff knows the whereabouts of
defendants
Verifies response Verified Answer Answer
Period to file responsive pleading: 10 days 10 days 15 days
Nothing happens if no verified response; WORST: LESS WORSE:
There is still a hearing Render judgment based on claims May be rendered in defa
No Motion to Dismiss No Motion to dismiss With motion to dismiss
 XPN: No jurisdiction over the
subject matter, failure to comply
with the condition precedent
No pre-trial Preliminary Conference Pre-trial
Hearing is informal Submission of Affidavits Trial
1 day hearing    
XPN: Physical inability to appear
The action relates to the principal amount    
only except when the interest is
incorporated in the claim itself
  o No reason to  
file a pre-trial brief in SP
o No
presentation of witnesses
o No marking of
exhibits in preliminary conference
in SP
o No
identification of witnesses
o No modes of
discovery
o In criminal
case of SP, there is presentation
of witnesses.
 
 
 Reckless imprudence resulting to damage of property and the imposable fine is
not more than P 10k - Summary Procedure only
 
Criminal Case of Summary Procedure
 Maximum of 4 witnesses
 Render judgment, 30 days from the last presentation of witnesses
 Direct examination is thru affidavits
 Witness sits only for cross-examination
 
 
 If FAME in default is denied, a party can no longer use it for filing a new trial
because the remedies are alternative. Allowed only to be used once.
 
 Consolidation - connotes separate cases in different court
 Joinder - no case filed yet
 
 Demurrer - never motu propio
 
 Acquittal in a criminal case is immediately executory except when there is grave
abuse of discretion - R65 remedy
 
 Never file demurrer in a civil case unless you are absolutely sure.
 
 If there is failure to deny, there is admission of evidence.
 
 If there is claim for unliquidated damages, there must be presentation of
evidence
 
 Exceptions to immutability of judgment
o Clerical
o Nun pro tunc
o Void judgment
o Circumstances transpire after the finality of the decision
 
 Why judgment must specifically state the facts and the law?
o So that the party know what to question
 
 All government officers are within the investigation and prosecution power of the
ombudsman
 
 Motion to quash (crim) - filed before arraignment
 
Execution
 
 The sheriff will issue to the parties certificate of finality when the period for
exercising appeal has elapsed.
 
 Motion for issuance of writ of execution
o Why motion?
 To allow the party to say something
 
 Execution sale is an exception to the rule that sale must have consent.
 
 Who's liable for the cost of publication?
o One moving for the execution
 
 Discretionary Execution - judgment not yet final
 
 Judgments immediately executory
o Injunction
o Receivership
o Accounting
o Support
o Forcible entry/ unlawful detainer
 
 Debtor hides property - subpoena debtor and third persons
 
  
Appeal
 
 When it originates in MTC, you cannot go to SC immediately
 
 Why do cases in CSC are appealed in CA not in SC?
o Because of the number of cases. SC's docket will be clogged.
 
 COA and COMELEC
o SC by certiorari (research if 45 or 65)
 
 Record of Appeal is proper:
o Special proceedings
o Multiple appeals
 Partition
 Expropriation
 
 Record of Appeal
o Reproduce pertinent documents; main action is not affected. (several
judgments usually)
o Period: 30 days
o Perfected: upon approval
 To check faithful reproduction of the required pleadings, records,
and attachments to allow the appelate court to resolve the appeal.
 
 Court loses jurisdiction in a case
o Upon expiration of the period of appeal of all the parties.
o Upon perfection of notice of appeal
 
 In civil case, the appellate court shall consider only all errors pointed our by the
appellant.
o Only those who appealed are affected by the modification or reversal
 In criminal case, the appellate court shall consider the whole case thrown wide
open for review because liberty is at stake
o If accused is acquitted, there is no appeal
 XPN: civil aspect of the criminal case
o If there is modification or revival favorable to the accused, the same is
applicable to him.
 
 
 Can you use check to redeem property?
o Yes. Art 1249 does not apply
o Redemption is not a debt
o Check = redemption price
 
 
Provisional Remedies
 
 Main action is injunction, jurisdiction is lodged in the RTC; it is incapable of
pecuniary estimation.
 
 Support
o Jurisdiction if the Family Court
o Considerations
 Financial capacity of the adverse party
 Needs of the applicant
 
 
 Injunction is improper:
o Government infrastructure project
o Collection of taxes
o Criminal actions
 
 Main action for replevin - dependent upon the value of the property
 
 Receivership - both a personal remedy and a post-judgment remedy
 
 
Laik's notes
  Redemption Possession Deficiency Price
Sec, 47 Whether Purchaser have the right to   Amount under the m
GBL judicially or enter upon and take deed, with interest t
extra-judicially possession of such the rate specified in
property immediately after mortgage. Costs/ex
the date of the confirmation incurred by the bank
of the auction sale and institutions from the
admission of the same in the custody of prope
accordance with law the income deemed
therefrom
 
Balance due under
mortgage deed + In
Expenses - Profits f
Possession

Act 3135 Regulate extra- Purchaser be entitled to Mortgagee has the right Payment of purchas
judicial sale possession of property to claim for the deficiency 1 % interest per mo
and upon the finality of the resulting from the price  
redemption of order of confirmation or obtained in the sale of Limited to the winnin
property upon the expiration of the real property at public 12 % interest per an
period of redemption auction and the
outstanding obligation at
the time of the
foreclosure proceedings.
 Rule 39 Public auction Judgment obligee after 1   o
to the right year acquires all rights, the purchaser the
bidder. title, interest and claim of of his purchase w
  the judgment obligor to the per month interes
Who? property as of the time of o
Judgment levy t of any assessm
obligor, creditor taxes which the p
havinf a lien by may have paid th
virtue of an o
attachment, on such last nam
judgment or amount at the sa
mortgage sold
 
Grounds for Preliminary Injuction:
 Applicant is entitled to the relief demanded
 The commission, continuance, or non-performance work injustice to the applicant
 The party, court, agency or person is doing, threatening to do or attempting acts
in violation of the applicant.
 
Requisites; Preliminary Injunction
 Clear and unmistakable right
 It is directly threatened
 Invasion is material or substantial
 Urgent/ paramount necessity to prevent serious and irreparable damage
 
 TRO ex parte - 20 days from service on the party
o Within 20 days, order the party to show cause why the injuction shiuld nit
be granted
o Determine whether injuction shall be granted; issue order.
 
 Extreme Urgency - applicant suffers grave injustice and irreparable injury
o TRO for 72 hours from the issuance
o Within such period, there shall be summary hearing to determine whether
TRO shall be extended for 20 days
o The 72 hours shall be included in the 20 days
 
 
Replevin Prelimary Attachment
Purpose  
Property belongs to plaintiff Property belongs to defendant
Defendant is in actual, constructive possession of the Even if property is in third person
 property
Personal property All properties
Availed without showing property is being concealed, Availed when property of defendant is being c
removed, or disposes of. removed, or disposes of.
In custodia legis Can be availed even if in custodia legis.
Filing of bond Filing of bond
 
 
Special Civil Actions
 
 In Rules 62, 67, 68, 69, 70 - complaint
 In Rules 63, 64, 65, 66, 71 - pleading
 
 In Rule 65, the public respondent will not file a leading, only the private
respondent. There are no summons or order to comment on the public respondent.
 
 Objective Novation - instead of money, property is given
 
 Dation en pago - property of debtor is equivalent to the payment of the debt.
 
 Foreclosure is one incapable of pecuniary estimation.
o If debtor dies, payment of debts are only those that are unsecured
o If unsecured, creditors will recover from the assets pro rata.
 
 There must be notice of confirmation to mortgagor
o Lack of which means the sale is defective
o Equity of redemption will not expire.
 
 Party may choose between judicial or extra-judicial even if the contract stipulates
that the foreclosure be in extra-judicial.
 
 Art 1249 NCC - cash required in sale only, not in foreclosure
 
 
