1
Forcible Entry Unlawful Detainer Accion Publiciana Accion Reinvidicatoria
(Accion Interdictal) (Accion Interdictal)
Possession of land by the Possession is initially lawful Possession is initially lawful An action for recovery of
defendant is unlawful from the but it becomes illegal by but it becomes illegal by possession based on
beginning as he acquires reason of the termination of reason of the termination of ownership.
possession by force, his right to possession of the his right to possession of the
intimidation, strategy, threat, property under his contract property under his contract.
or stealth (FISTS). with the plaintiff.
Summary action for recovery Summary action for recovery
of physical possession where of physical possession where
the dispossession has not the dispossession has not
lasted for more than one year. lasted for more than one year.
MTC MTC RTC has jurisdiction if the value RTC has jurisdiction if the value
of the property exceeds of the property exceeds
P20,000 outside Metro Manila P20,000 outside Metro Manila
or P50,000 within Metro or P50,000 within Metro
Manila. Manila.
MTC has jurisdiction if value of MTC has jurisdiction if value of
property does not exceed the property does not exceed the
above amounts above amounts
APPEAL BY CERTIORARI Petition for Certiorari Expanded Scope of
Rule 45 Rule 65 Petition for Certiorari
As to Issues Purely questions of law. WON respondent has acted with grave WON respondent has acted with
Involved abuse of discretion amounting to lack grave abuse of discretion amounting
or in excess of JD. to lack or in excess of JD.
As to Ordinary course of appeal. Original Action Original Action
Nature
As to JD Appellate JD Original JD Expanded Judicial Power
Exercised
Subject of Seeks to review final judgments or Directed mostly against interlocutory With respect to SC, the petition of
the Action final orders. orders or matters where no appeal certiorari and prohibition becomes
may be taken from. necessarily broader as it may be
issued not only against entity or
persons exercising judicial, quasi-
judicial or ministerial functions --but
also to set right those of any branch
or instrumentality of the government
that do not exercise such functions.
Time of Appeal is taken to SC within 15 Filed not later than 60 days form Filed not later than 60 days form
Filing days from notice of the judgment notice of judgment, order, or notice of judgment, order, or
or final order. resolution sought to be assailed. resolution sought to be assailed.
Pre- No need for MR. MR is a pre-requisite. MR is a pre-requisite.
condition
As to Lower court or judge that rendered Tribunal, Board, or other officer has to Tribunal, Board, or other officer has
Parties the appealed decision should NOT be impleaded in the action as nominal to be impleaded in the action as
be impleaded as parties. party respondent. nominal party respondent.
Stay of Stays the judgment. GR: Challenged proceeding is not GR: Challenged proceeding is not
Execution stayed. stayed.
XPN: If the court issues a TRO or XPN: If the court issues a TRO or
injunctive writ. injunctive writ.
Where to When appeal is brought to SC. May be filed with RTC, COMELEC, CA, Supreme Court only.
File Sandiganbayan or SC, respectively.
2
CERTIORARI PROHIBITION MANDAMUS
A writ issued by a superior court to an A writ issued by a superior court against A writ issued to compel a tribunal,
inferior court, tribunal, board or officer any inferior court, tribunal, board or corporation, board, officer or person to
exercising judicial or quasi-judicial officer exercising judicial or quasi-judicial do the act required to be done when the
functions, -for the purpose of correcting or ministerial functions, commanding the respondent unlawfully neglects the
errors of jurisdiction. respondent to desist from further performance of an act which the law
proceedings in the action or matter specifically enjoins as a duty resulting
specified therein. from an office, trust, or station, or
excludes another from the use and
enjoyment of a right or office to which
such other is entitled.
Directed against the action of an inferior Directed against the proceedings of the Directed against the entity or person
court, tribunal, board or officer exercising inferior court, tribunal, board or officer exercising ministerial functions.
judicial or quasi-judicial functions. exercising judicial or quasi-judicial, or
ministerial functions.
Requisites: Requisites: Requisites:
1. Petition is directed against a court, 1. Respondent is a court, tribunal or 1. Respondent is an entity or person
tribunal, or officer exercising judicial or person exercising judicial, quasi-judicial exercising ministerial functions;
quasi-judicial functions; or ministerial functions; 2. Respondent unlawfully:
2. The same has acted without or in excess 2. The same has acted, is acting, or is Neglects the performance of an act
of JD, or with grave abuse of discretion about to act without or in excess of JD, which the law specifically enjoins as a
amounting to excess or lack of JD; and or acted with grave abuse of JD duty resulting from office; or
3. No other plain, speedy and adequate amounting to lack of excess of JD; and Excludes another from the use and
remedy in the ordinary course of law 3. No other plain, speedy and adequate enjoyment of a right or office to which
available. remedy in the ordinary course of law such other is entitled; and
available. 3. No other plain, speedy and adequate
remedy in the ordinary course of law
available.
Purpose is to annul or nullify the Purpose is to have respondent desist from Purpose is for respondent to do the act
proceedings. further proceedings. prescribed.
Petition is to be filed before the following:
I. SC - subject to the doctrine of hierarchy of courts.
II. CA - If the petition involves an act or an omission of a quasi-judicial agency.
III. CA or Sandiganbayan - Whether or not in aid of appellate jurisdiction.
IV. COMELEC - In election cases involving an act or an omission of an MTC or RTC, in aid of its appellate JD.
V. RTC - relates to an act or an omission of an MTC, corporation, board, officer or person.
PROHIBITION MANDAMUS INJUNCTION
Special Civil Action and always the main Special Civil Action and may be the main Ordinary Civil Action and may be the main
action. action itself or a provisional remedy. action itself or a provisional remedy.
Directed against a court, tribunal, or Directed against an entity or person Directed against a party to the action.
person exercising judicial, quasi-judicial or exercising ministerial functions.
ministerial functions.
To prevent respondent from usurping To compel respondent to perform a To compel respondent to perform an act
jurisdiction. ministerial and legal duty. that is not necessarily a legal and
ministerial duty.
May be brought before the RTC, CA, May be brought before the RTC, CA, If main action: May be brought only with
Sandiganbayan or SC. Sandiganbayan or SC. the RTC as court of general JD.
Note: CA and SC do not have any
JD, unless on appeal as a provisional
remedy to a main action.
Directed to the court itself, commanding Directed against a tribunal, corporation, Directed only to the party litigants,
it to cease from the exercise of a board, or officer. without in any manner interfering with
jurisdiction to which it has no legal claim the court.
It is based on the ground that the court Purpose is for the tribunal, corporation, Does not involve the jurisdiction of the
against whom the writ is sought had acted board, or officer, to perform a ministerial court.
without or in excess of jurisdiction. and legal duty
3
RULE 103 RULE 108 RA 9048
Nature of Proceedings
Judicial: Hearing necessary. Judicial: Hearing necessary; Adversarial Administrative: No hearing required.
since it involves substantial changes and Summary in Nature.
affects the status of individuals.
Coverage
Correction of clerical or typographical 1. Births; I. Correction of clerical or
errors in any entry in civil registry 2. Marriage; typographical errors; and
documents. 3. Deaths; II. Change of:
4. Legal separations; a. First name or nickname;
XPN: Corrections involving change in sex, 5. Judgments of annulments of b. Day and month in date of birth
age, nationality and status of a person, marriage; (but not the year); or
should be filed under Rule 108. 6. Judgments declaring marriages void c. Sex of a person where it is patently
from the beginning; clear that there was a clerical or
7. Legitimations; typographical error or mistake in
8. Adoptions; the entry.
9. Acknowledgments of natural
children;
10. Naturalization;
11. Election, loss or recovery of
citizenship;
12. Civil interdiction;
13. Judicial determination of filiation;
14. Voluntary emancipation of a minor;
or
15. Changes of name
Distinction: Ang sa Rule 103, correction Distinction: Ang sa Rule 108, correction sa Distinction: Limited ra kayu kay si civil
lang sa clerical errors sa entries sa civil entries nga mag cause ug substantial registrar raman ang mu change. Specific
registry –dapat dili substantial or affecting alteration. So kung mu affect ug status, JD as to change sa above. Naas yay
status, filiation or legitimacy. legitimacy or filiation, etc, sa Rule 108 exclusive original JD sa kana gi
dapat i-file. enumerate. But if iya ideny, either mu
appeal or mu file sya under rule 103 or
108.
Initiatory Pleading
Signed and verified petition. Verified Petition Sworn Affidavit
Who May File
A person desiring to change one’s name. Any person interested in any act, event, Any person having direct and personal
order or decree concerning civil status of interest in the correction.
persons which has been recorded in civil
register.
Where to File
RTC of province where petitioner has RTC of city or province where GR: Local civil registry where record being
been residing for 3 years prior to filing. corresponding civil registry is located sought to be corrected or changed is kept.
If already migrated to another place
within the Philippines:
- Local civil registrar of place
where interested party is
presently residing or domiciled.
Filipino citizens presently residing or
domiciled in foreign countries:
- Philippine Consulate.
Where to Appeal
Court of Appeals, under Rule 109. Court of Appeals, under Rule 109. Civil Registrar General
4
QUALIFICATIONS FOR ADOPTION
DOMESTIC ADOPTION INTER-COUNTRY ADOPTION
Adopter is either a Filipino or an Alien, residing in PH. Adopter is either an Alien or a Filipino citizen
permanently residing abroad.
If adapter is a FILIPINO:
1. Must be of legal age; 1. That he is at least 27 years old and at least 16
2. Must be at least 16 years older than the adoptee; years older than the child to be adopted, at the
XPN:When adopter is the biological parent of the adoptee time of application;
or is the spouse of the adoptee’s parent. XPN: the adopter is the parent by
3. Must be in possession of full civil capacity and legal rights; nature of the child to be adopted, or when he is
4. Must be of good moral character; the spouse of such parent.
5. Must not have been convicted of any crime involving moral 2. That he has not been convicted of a crime
turpitude; involving moral turpitude;
6. Must be emotionally and psychologically capable of caring for 3. That he is in a position to provide proper care and
children; and support;
7. Must be one who is in a position to support and care for his/her 4. That he comes from a country with whom the
children in keeping with the means of the family. Philippines has diplomatic relations
If adopter is an ALIEN: 5. That he is eligible to adopt under his national law;
1. Must be of legal age; 6. That he has the capacity to act and assume all
2. Must be at least 16 years older than the adoptee; rights and responsibilities of parental authority
XPN:When adopter is the biological parent of the adoptee under his national laws, and has undergone
or is the spouse of the adoptee’s parent. appropriate counseling from an accredited
3. Must be in possession of full civil capacity and legal rights; counselor in his country;
4. Must be of good moral character; 7. That he possesses all the qualifications and none
5. Must not have been convicted of any crime involving moral of the disqualifications provided
turpitude;
6. Must be emotionally and psychologically capable of caring for
children; and
7. Must be one who is in a position to support and care for his/her
children in keeping with the means of the family.
8. Additional Requirements:
i. That he has been living in the Philippines for at least 3
continuous years prior to the filing of the petition and he
maintains such residence until the adoption decree is entered;
ii. That his country has diplomatic relations with the Republic of
the Philippines;
iii. That he has been certified by his diplomatic or consular office to
have the legal capacity to adopt in his country and his
government allows the adoptee to enter his country as his
adopted child and reside there permanently as an adopted child;
Note: The certification may be waived if the alien:
a. Is a former Filipino citizen who seeks to adopt a relative within the
4th degree of consanguinity or affinity;
b. Seeks to adopt the legitimate child of his Filipino spouse;
c. Is married to a Filipino citizen and seeks to adopt jointly with his
spouse a relative within the 4th degree of consanguinity or affinity
of the Filipino spouse.
If the adopter is married, the spouse shall be a co-petitioner for joint If the adopter is married, the name of the spouse must
adoption. be joined as co-petitioner.
XPN: XPN: when the adoptee is the legitimate child of his
a. If one spouse seeks to adopt the legitimate child of the other; or spouse.
b. If one spouse seeks to adopt his own illegitimate child and the other
spouse signified written consent thereto; or
c. If the spouses are legally separated from each other.
5
HABEAS CORPUS AMPARO HABEAS DATA
Nature, Scope, Function
All cases of illegal confinement and Involves right to life, liberty and security Involves the right to privacy in life, liberty
detention by which any person is violated or threatened with violation by or security violated or threatened by an
deprived of his liberty; and an unlawful act or omission of a public unlawful act or omission of a public
Deprivation of rightful custody of any official or employee or a private individual official or employee, or of a private
person including minors from the or entity. individual or entity engaged in the
person entitled. gathering, collecting or storing of data or
Covers extralegal killings and enforced information regarding the person, family,
Actual violation before writ issues. disappearances or threats thereof. home and correspondence of the
aggrieved party.
Limitations
May not be suspended except in cases of Shall not diminish, increase or modify Shall not diminish, increase or modify
invasion or rebellion when public safety substantive rights. substantive rights.
requires it.
Who May File
By a petition signed and verified by the Petition filed by the aggrieved party or by Any aggrieved party may file a petition.
party for whose relief it is intended, or by any qualified person or entity in the
some person on his behalf. following order:
a. Any member of the immediate family
Any ascendant, descendant or collateral
relative of the aggrieved within the 4th
civil degree of affinity or consanguinity;
or
b. Any concerned citizen, organization,
association or institution.
Filing by the aggrieved suspends the right
of all others.
Respondent
May or may not be an officer. Respondent is a public official or A public official or employee or a private
employee or private individual or entity. individual or entity engaged in gathering,
collecting or storing data.
Where Enforceable
If SC/CA issued: anywhere in PH. Anywhere in the Philippines. Anywhere in the Philippines.
If granted by the RTC or judge thereof:
-it is enforceable in any part of the judicial
region where the judge sits.
Docket Fees
Upon the final disposition of such Petitioner shall be exempted from the None for indigent petitioner.
proceedings the court or judge shall make payment of the docket and other lawful
such order as to costs as the case fees. Petition shall be docketed and acted upon
requires. immediately, without prejudice to
subsequent submission of proof of
indigency not later than 15 days from
filing.
When Proper
Court or judge must, when a petition is Upon the filing of the petition, the court, Upon the filing of the petition, the court,
presented and it appears that it ought to justice, or judge shall immediately order justice, or judge shall immediately order
issue, grant the same and then: the issuance of the writ if on its face it the issuance of the writ if on its face it
-the clerk of court (CoC) shall issue the writ ought to issue: ought to issue:
under the seal of the court; or -CoC shall issue the writ under the seal of -CoC shall issue the writ under the seal of
-in case of emergency, the judge may issue the court; or the court and cause it to be served
the writ under his own hand, and may -In case of urgent necessity, the justice or within 3 days from issuance; or
deputize any officer or person to serve the judge may issue the writ under his -In case of urgent necessity, the justice or
it. or her own hand, and may deputize the judge may issue the writ under his
any officer or person to serve it. or her own hand, and may deputize
6
Also proper to be issued when the court any officer or person to serve it.
or judge has examined into the cause of
restraint of the prisoner, and is satisfied
that he is unlawfully imprisoned
When to File Return
On the day specified on the writ. Within 5 working days after service of the Within 5 working days after service of the
writ. writ.
Nature of Hearing
Summary. Summary. With possibility of preliminary Summary. With possibility of preliminary
conference. conference similar to Amparo.
The writ does not act upon the prisoner
who seeks relief, but upon the person
who holds him in what is alleged to be
unlawful authority
Quantum of Proof
Clear and convincing evidence. Substantial evidence: Substantial evidence required to prove
if respondent is a private individual or the allegations in the petition.
entity:
- ordinary diligence
if public official or employee:
- extraordinary diligence
Presumption of Official Duty
Yes. If warrant of commitment is in Public official or employee cannot invoke
pursuance with law, it serves as prima the presumption that official duty has
facie cause of restraint. been regularly performed, to avoid
liability.
Judgment
Within 10 days from the time the petition is submitted for decision.
Appeal
Within 48 hours from notice of judgment Within 5 working days from the date of notice of adverse judgment to SC under Rule
of final order appealed from. 45.
