RULE 65 65 65 66 67 68 69

CERTIORARI PROHIBITION MANDAMUS QUO WARRANTO EXPROPRIATION FORECLOSURE OF PARTITIONS

REAL ESTATE
MORTGAGE
MEANING/ Sec 1 – MEMORIZE Sec 2 – MEMORIZE Sec 3 – MEMORIZE “by what authority” Eminent Domain Foreclosure of Partition
NATURE - power of the nation Mortgage - it is the separation,
A writ emanating from a A writ issued by a A writ issued in the It is a prerogative or sovereign state to - means the division and
superior court directed superior court and name of the State, to an proceeding or writ take, or to authorize termination of all assignment of a thing
against an inferior court, directed against an ITCBOP, commanding issued by the court to the taking of, private rights of the held in common among
tribunal, board or officer Inferior court, Tribunal, the performance of an determine the right to property for a public mortgagor in the those to whom it may
exercising judicial or Corporation, Board, act, which the law the use or exercise of use without the property covered by belong.
quasi-judicial functions Officer or other Person enjoins as a duty an office, position of owner’s consent, the mortgage. It
whereby the record of a (ITCBOP) whether resulting from an office, franchise and to oust conditioned upon denotes the PARTITION MAY BE:
particular case us ordered exercising judicial, QJ or trust or station. the person holding or payment of just procedure adopted 1. Judicial – procedure
to be elevated for review ministerial fxns, exercising such office, compensation by the mortgagee to is under Rule 60 (may
and correction in matters commanding it to desist √ original action - √ position or franchise of terminate the rights still be √ amicable
of law. from further independent action his right is unfounded REQS of the mortgagor on settlement);
proceedings, for the or if he had forfeited 1. due process of law the property and 2. Extrajudicial – no
√ orig action - √ purpose of preventing NATURE: affirmative or his right to enjoy the 2. payment of just includes the sale court intervention
independent action: the latter from usurping positive (if performance privilege. compensation itself. required
a. it does X juris with which it is not of a duty is ordered) or it 3. taking must be for
interrupt the legally vested. is negative (if a person public use Contract of Real NATURE: action quasi
course of the is ordered to desist from Mortgage in rem
principal action; It is a preventive excluding another from a Expropriation - a contract
b. X affect the remedy. right or office).. - is the procedure to whereby the debtor
running of the be observed in the secures to the
reglamentary *To prevent the res from exercise of the right of creditor the
periods performing the act eminent domain. fulfillment of a
c. X STAY the sought to be prevented principal obli,
execution, U: during the pendency of Expropriation is specially subjecting
TRO or Writ of the proceedings for the proper when: to such security
PI writ, the petitioner 1. When the owner immovable property
should obtain a refuses to sell or real rights over
NATURE: corrective – to RESTRAINING ORDER 2. When he agrees to immovable property
correct usurpation of juris and or writ of prelim sell but an agreement in case the principal
injunction. as to price cannot be obli is not complied
reached. with at the time
√ orig action - √ stipulated.
independent action
Foreclosure
NATURE: preventive - a remedy
and negative – to available to the
restrain or prevent mortgagee by which
usurpation of juris he subjects the
mortgaged prop to
the satisfaction of
the obli to secure
that for which the
mortgage was given.
PURPOSE Correct errors of Commanding the To compel the
jurisdiction. ITCBOP to desist from performance, when
NOT errors of judgment further proceedings, for refused, of a ministerial
the purpose of duty, this being its main
preventing the latter objective.
from usurping
jurisdiction with which is It does not lie to require
NOT legally vested. anyone to fulfill a
contractual obli or to
 compel a course of
conduct, nor to control
or review the exercise of
discretion or to enforce a
right, which is in
substantial dispute or to
which a substantial
doubt exists.

Nor an act which is

already done
(graduation example)
PARTIES Superior court Superior court State Secs 1-6 Defendant: All co-owners
Vs. Vs. Vs. Government thru 1. the person obliged
Inferior court, tribunal, ITCBOP exercising ITCBOP SOLGEN or PUBLIC to pay M debt; *Creditors or assignees
board or officer exercising J/QJ/M PROSEC / individual 2. the persons who of co-owners may
judicial or QJ fxn claiming to be entitled own, occupy or intervene and object to
to a public office or control the Md a partition effected
position usurped or premises without their
unlawfully held or 3. transferee or concurrence.
exercised by another. grantee of the prop
Vs. 4. 2nd MEE or junior
1. A person who encumbrances
Usurps, intrudes into, 5. the MOR even of
or unlawfully holds or not the owner of the
exercises a public Md prop should be
office, position or included to satisfy
franchise; the deficiency
2. A public officer who judgment
does or suffers an act
which, by the prov of
law,  ground for
Forfeiture of his office;
3. An Association
which acts as a copr
within the PH without
being legally
incorporated or
without lawful authority
so to act.

MANDATORY or
DISCRETIONARY
PROCEEDINGS!
(mandatory – directed
by pres upon
complaint or
otherwise)
(discretionary 
solgen/prosec at the
request ofanother
person) leave of court
and indemnity bond)
NOT APPLICABLE
TO priv orgs!
REQUISITE JQ-WIG-NAPSAR JQM-WIG-NAPSAR CD-MU-NAPSAR
S 1. Respondent tribunal, 1. Respondent ITCBOP 1. The plaintiff has a
board, or officer is is exercising: Clear legal right to the
 exercising: a. Judicial act demanded;
a. Judicial; or b. QJ; or 2. It must be the Duty of
b. Quasi-judicial fxns c. Ministerial fxns the defendant to perform
2. Respondents acted: 2. Respondent acted, the act, because it is
a. Without juris; or acting, or is about to act: mandated by law;
b. In excess of its juris a. Without juris 3. The act to be
c. GADALEJ b. In excess of juris; or performed is Ministerial,
3. There must be No c. GADALEJ not discretionary;
Appeal or other Plain, 3. There must be No 4. Defendant (ITCBOP)
Speedy, and Adequate Appeal or other Plain, Unlawfully neglects the
Remedy. Speedy, and Adequate performance of an act
Remedy. which the law
specifically enjoins as a
duty resulting from an
office, trust or station.
And
ITCBOP Unlawfully
excludes another from
the use and enjoyment
of a right or office to
which the other is
entitled.
5. There must be No
Appeal or other Plain,
Speedy, and Adequate
Remedy.
RELIEFS Prayer for annulment or Prayer that judgment be Prayer that judgment be COAs:
PRAYED modification of the rendered commanding rendered commanding 1. Non-payment of
proceedings and grant the res from further the responent the mortgage loan
such incidental reliefs as proceedings or grant immediately or some 2. Breach of other
law and justice may such incidental reliefs as other time, to do the act conditions
require. law and justice requires required
i. to protect the rights
of the pet
ii. To pay damages

JURISDICT 1. RTC within territorial RTC RTC MTC or RTC depending

ION area – act or omission of on the assessed value
2. MTC/CORP/BOARD
CA/SANDI – WON in aid
of court’s appellate juris.

3. CA – act or an omission
or a QJ agency.

4. COMELEC – election
cases involving ac or
omission of MTC or RTC
(in aid of its appellate juris)

VENUE SC, CA or RTC where

any of the RES
resides

IF commenced by
SOLGEN  RTC of
Manila, CA or SC
PERIOD (Strictly) Within 60 days Within 60 days from Within 60 days from 90-120 days after
 from notice of the notice of the judgment, notice of the judgment, entry of judgment or
judgment, order or order or resolution, or order or resolution, or even after
resolution, or notice of notice of denial of MR or notice of denial of MR or foreclosure sale but
denial of MR or New Trial. New Trial. New Trial. prior to confirmation
NOTES Certiorari as prerogative X contested against Clear legal right All props can be
writ private orgs - pet’s right should be expro, E:
- X matter of right founded clearly in the a. money
- issued in the exercise law and not when it s b. choses in
of judicial discretion doubtful. action
- he who seeks must *prop devoted to
apply for it. Defendant’s mandate public use may be
- mandamus if available expro
MD X basis of CERT only to compel the doing
- bec it’s interlocutory of an act, specifically
- correct remedy: file an enjoined by law as a
answer and interpose, duty.
proceed to trial
E: issues of jurisdiction Def’s ministerial duty
- purely ministerial duty.
NOT used to compel a
discretionary duty.
HWVR: it can be used to
the extent of requiring
the performance of a
discretionary duty to act
but not to require
performance of such
duty in a particular
manner.
E:
1. GAD
2. Manifest
injustice
3. Palpable
excess of
authority
REQUIREM 1. Verified petition 1. Verified petition by the 1. Verified petition by the Verified petition Verified Complaint: Complaint: Complaint:
ENTS by the petitioner, petitioner, not by the petitioner, not by the Contents of petition: 1. rights and purpose 1. Date and due 1. Nature and extent of
not by the lawyer; lawyer; 1. Name of the of ex execution of the his title;
lawyer (absence a. to contain alleged person who 2. description of real mortgage, its 2. Adequate
X defect) 2. Certified true copy of facts w certainty claims to be or personal prop assignments, if any; Description of the real
2. Certified true the of the judgment, b. prayer that entitled 3. all persons owning 2. names and estate of which partition
copy or order or resolution judgment be rendered thereto; or claiming to own or residences of the is demanded
duplicate subject thereof and commanding the res 2. Averment of occupying any part or MOR and the MEE; 3. Join as defendants
original of the documents relevant and immediately or some his right to interest therein must 3. Description of all other persons
judgment, order pertinent thereto or other time, to do the act O/P/F be joined as mortgaged prop interested in the
or resolution duplicate original. required 3. Allegation defendants 4. statement of the property.
subject thereof i. to protect the rights that RES is 4. If the title of the date of the note or
and all 3. Sworn certification of the pet unlawfully in prop to be ex is in other documentary
pleadings and against FS ii. To pay damages possession name of RP/doubtful, evid of the Obli
documents 2. 3. Sworn certification thereof. averment to that effect secured by the M,
relevant and √ MR against FS (sec 3, rule shall be made in the amount claimed
pertinent 46) complaint. to be unpaid
thereto; * is it the actual filing thereon; and
3. Sworn √ MR of the complaint for 5. the names and
certification expro which binds the residences of all
against FS land, NOT mere persons having or
notice of the intent to claiming an interest
 √ MR expro in the prop
Subordinate in right
to that of the holder
of them, all of whom
shall be made
defendants in the
action.
PROCEDU Petition witihin 60days from … Court shall issue and ORDER requiring the Res Verified complaint  Complaint  trial 
RE to Comment (if pet is sufficient in form) within 10 days (for CERTIORARI > sec 2, preliminary deposit  sale of mortgaged
rule 56)  REPLY/RESPONSIVE or OTHER PLEADINGS  ORDERS may be sheriff shall make a prop (rule 39,
issued like TRO or WPI  HEARING/submission of MEMORANDA  if report  Expropriator execution) 
allegations are true, court may give judgment OR DISMISS if without merit  is entitled to a writ of disposition of
CERTIFIED COPY OF JUDGMENT. possession as a proceeds of sale
matter of right, deficiency
issuance of said writ judgment 
becomes ministerial registration.
on the part of the TC
 defenses and
objections  Answer
 Order of expro 
Appeal

Ascertainment of
compensation 
proceedings by
commish  report by
commish  action
upon commish’s
report

CERTIORARI NOTES juris over the lower court, tribunal, board or

Quasi-judicial fxn officer
- It applies to the action or discretion of public administrative officers or bodeies, X MR √ MR
which are required to investigate facts or ascertain the existence of facts, hold hearings, and Appeal is taken within 15 days from the notice 60 days from notice of judgment, order or
draw conclusions from them as basis for their official action and to exercise discretion of a of judgment, final order, or resolution, of denial resolution to be assailed
judicial nature. of pet’s motion for new trial or recon
Parties – lower court or judge which rendered TBO has to be impleaded in the action as
Central Bank Monetary Board the judgment of FO appealed from shall NOT nominal party res
- X judicial or quasi-judicial fxn be impleaded on the appeal
Appeal by cert STAYS the judgment, FO or The challenged proceeding is NOT stayed,
Sangguniang Panlungsod reso UNLESS the court issued a TRO or an
- X judicial setting injunctive writ
May be availed of only after judgment During the pendency of the case or even
Without jurisdiction before judgment. Thus, it may be availed of
- res X have legal power to determing the case It seeks to review final judgments or final against an interlocutory order.
Excess of Juris orders
- oversteps his authority *Questions of fact X raised here, only
GAD established or admitted facts can be
- capricious, whimsical, arbitrary or despotic manner; = lack of juris. considered.
CERT rule 45 CERT rule 65 GR: Remedies of appeal and cert are mutually exclusive, not alternative or successive. Errors of
Purely of law Jurisdictional issues (w the res committed judgment  appeal; errors of juris  cert.
GADALEJ) E: When appeal os available, a writ of cert may be allowed:
Court is in exercise of its appellate juris Original juris 1. When appeal does not constitute a speedy and adequate Remedy;
2. When orders were issued either in Excess of or without juris
Brought only to the SC May be filed in the appropriate court having 3. Public policy
 4. When the order is a patent nullity 2. If pure question of law are raised, bec issues of law cannot be resolved with finality b
5. Will avoid future litigation the admin officer.
6. Criminal actions, the court rejects rebuttal evidence for the prosec
MANDAMUS INJUNCTION
PROHIBITION Essentially remedial. Employed to redress Essentially preventive. Employed to prevent
GR: Prohibition does not ordinarily lie to restrain an act which is already a fait accompli past grievances further injury.
(accomplished facts). Its functions are to set in motion and to compel Its functions are to restrain motion and to
E: action. (ACTIVE) Its Object is to change the enforce inaction. (NEGATIVE) Preserves
1. Courts will decide a question otherwise moot if it is capable of repetition yet evading status of affairs and to substitute action for matters in status quo.
review, such as: inactivity.
a. The question of constitutionality of the president’s appointment of dep sec in
an acting capacity while congress is in session C/P/M
b. The question of validity of a special election to fill in vacancy in the senate in
relation to comelec’s failure to comply with requirements on the conduct of GR: √ MR
such special election E: (LP-PeRUM-DICE)
2. Writ of prohib will not lie to prevent the unlawful creation of a new province by those in 1. Proceedings in LC are nullity for lack of due process;
the corridors of power who could avoid judicial intervention and review by merely 2. Order is a Patent nullity, as where the court has no juris
speedily and stealthily completing the commission of such illegality. 3. Subject matter is Perishable
4. Questions Raised in the cert proceeding have been duly raised and passed upon the
PROHHIBITION INJUCTION LC or are the same as those raised and passed upon in the LC
SCA. It is always the main action OCA. It may be the main action itself or just a 5. Urgent necessity
provrem. 6. MR would be useless
Directed against court, tribunal or a person Directed against a party in the action. 7. Deprived of due process
exercising J, QJ, Mini fxns. Generally, it involves acts and transactions of 8. Issue raised is one purely of law or public interest is involved.
private individuals. 9. Criminal case – relief is urgent
It is based on the ground that the court against It does not involve juris of the court 10. Proceeding was Ex parte or in which the pet had no opportunity to object
whim the writ is sought had acted, s acting or
is about to act W or in excess of juris EFFECT OF FILING OF MR
Commands res to DESIST from proceeding in May be either to compel the defendant to do - period shall not only be interrupted but another 60 days shall be given to the pet within which
the action an act, or to restrain him from dong such an to file the appropriate pet for cert of prohib w the superior court.
act.
GR: C/P/M are available against an interlocutory order
MANDAMUS E: SHAS
1. Small claims
DISCRETIONARY MINISTERIAL 2. Habeas Data
One where public functionaries, by virtue of a One which an officer or tribunal performs in a 3. Writ of Amparo
power or right conferred upon them by law, given statute of facts, in a prescribed manner, 4. Summary Procedure
can act officially under circumstances, in obedience to the mandate of a legal
uncontrolled by the judgment or conscience of authority, without regard to or the exercise of RULE 66. QUO WARRANTO
others. his own judgment upon the propriety or
impropriety of the act done. Where there is usurpation or intrusion into an office, QW is the proper remedy. But where the
RES, without CLAIMING ANY RIGHT to an office, excludes he PET therefrom, the remedy is
MANDAMUS (2nd GROUND) QUO WARRANTO MANDAMUS.
Is the proper remedy when the respondent If the res claims any right to the office and
unlawfully excludes the petitioner from an usurps, intrudes into or inlawfully holds it QW ELECTION CONTEST
office to which the latter is entitled without against the petitioner, this is the proper Its basis is that the occupant is DQued from It challenges the right of the person to hold
usurping, intruding into or unlawfully holding remedy. holding the office by the reason of ineligibility office on the ground of irregularities in the
the office. or disloyalty. conduct of elections for said office.
If the QW succeeds, the RES will be ousted, Successful  the protestant will assume the
*Mandamus may be combined with Quo Warranto but the PET will X assume the office. office if he had obtained a plurality of the valid
- the complaint for mandamus is against the persons who exclude the plaintiff from the office in votes.
question, while the petition for Quo Warranto is directed against the person WHO ACTUALLY The court will order the seating if the person
HOLDS the said office. who was legally appointed and entitled to the
office.
EXHAUSTION OF ADMIN REMEDIES
GR: Mandamus will not issue when admin rem are still available. QW under OMNIBUS ELEC CODE QW under 66
E: Election Law ROC
1. If the party is in estoppel Elective office Appointive office
Issue is eligibility or disloyalty of RP Issue is validity of appointment
Effect  unseated` Court will oust the person *Defendant may X be declared in default – failure to file an answer would result to the court’s
10 days from proc of the election 1 year from the pet’s ouster from office judgment on the right to expro without prejudice to the right to present evidence on the just
Action filed by any voter The person claiming to be entitled to the office compensation and to share in the distribution of the award.
JURIS  COMELEC, RTC or MTC SC, CA or RTC
*The final order sustaining the right to expropriate the prop may be appealed by any party
RULE 67. EXPROPRIATION aggrieved. HWVR, the appeal shall not prevent the court from determining the just
compensation to be paid.
Public Use
- means public usefulness, utility, or advantage, or what is productive of the general *Multiple appeals are permitted.
benefit, so that any appropriation of private property by the State under its right of ED, for
purposes of great advantage to the community, is a taking for public use. JUST COMPENSATION
- it is the full and fair equivalent for the loss sustained by the defendant. It is equivalent
2 STAGES in EXPRO PROCEEDINGS to the fair market value of the prop at the time of its taking or filing of complaint whichever comes
1. Determination of the authority of the plaintiff to exercise the power of ED and the first.
propriety of its exercise in the context of the facts involved in the suit.
2. Determination by the Court of the just compensation for the property sought to be FORMULA”
taken.
JC = FMV + CD – CB
ELEMENTS OF TAKING If CB is MORE than CD then, JC = FMV.
1. Expropriator must Enter a private property; *Sentimental value is not computed
2. The entrance into private prop must be for more than a Monetary period.
3. The entry into the property should be under warrant or color of legal Authority; EXPRO ESCHEAT
4. The property must be devoted to Public use or otherwise informally appropriated or Spec civ Specpro
injuriously affected; Filed for the purpose of taking of private prop Intended to revert back the prop of the
5. The utilization of the prop for public use must be in such a way to Oust the owner and for public use decedent leaving no heir to succeed or person
deprive him of all beneficial enjoyment of the property. by law entitled to it.
JC required X req
THERE IS TAKING WHEN: Venue is the RTC whre the prop is located RTC where the deceased last resided of
1. The owner is actually deprived or dispossessed if his prop where his estate may be found if he is residing
2. There is a practical destruction or mental impairment of the value of his prop outside the PH.
3. The owner us deprived of the ordinary use of his prop
4. The owner is deprived of juris supervision and control of his prop Rule 68. FORECLOSRE OF REM

ESSENTIAL REQS FOR LGU TO VALIDLY EXERCISE ED: KINDS OF FORECLOSURE

1. Ordinance JUDICIAL FORECLOSURE EXTRAJUDICIAL FORECLOSURE
2. Public Use Rule 68 Art 3135
3. Payment of just compensation Requires court intervention No court intervention
4. A valid and definite offer has been previously made but was not accepted There is only an equity of redemption Right of redemp exists within 1 year from the
registration of the cert of sale in the reg of
LIMITATIONS OF THE ED OF LG deeds
1. Order of priority in acquiring lands for socialized housing; and There could be a Deficiency Judgment No def judgment bec there there is no judicial
2. Resort to expropriation should be made only after other modes of acquisition are proceeding but recovery of deficiency is
exhausted. allowed
Recovery of deficiency can ve done by mere Recovery of defi is through independent action
REQS FOR AUTHORIZING IMMEDIATE ENTRY motion
1. The filing of a complaint for expropriation sufficient in form and substance; and
2. The deposit of the amount equivalent to the assessed value of the property to be EQUITY OF REDEMPTION
expropriated based on its current tax declaration. - the right of the defendant mortgagor to extinguish the mortgage and retain ownership
CONTENTS OF ANSWER: of the property by paying the secured debt within the 90-120 days period after the entry of
1. Designation of identification of the prop in which he claims to have an interest judgment or even after the foreclosure sale but prior to its confirmation.
2. Nature and extent of the interest claimed; and
3. All objections and defenses to the taking of the prop EQUITY OF REDEMPTION RIGHT OF REDEMPTION
* MD is NT permitted in a complaint for expro. Any objection or defense to the taking of the prop
Rule 68 Act 3135, Sec 6
of a defendant must be set forth in an answer.
Right of the defendant mortgagor to extinguish Right of the debtor, his successor in interest or
the mortgage and retain ownership of the prop any judicial CR or judgment CR of said DR ir
*NO Counterclaim, cross claim or 3rd party complaint shall be alleged or allowed in the answer or
by paying the debt within 90-120 days after any person having a lien on the prop
any subsequent pleading.
the entry of judgment or even after the subsequent to the mortgage or deed of trust
foreclosure sale but prior to confirmation. under which the prop is sold to redeem the
prop within 1 year from the reg of the Sheriff’s
cert of foreclosure of sale
Period is 90-120 days after entry of judgment Period is 1 year from date of registration of
or even after foreclosure sale but prior to cert of sale
confirmation

JUDICIAL FORECLOSURE
GR: There us no right of redemption, only equity of redemption
E: Those granted by bacnks or banking institutions as provided by the General Banking Act.

EXTRAJUDICIAL FORECLOSURE
GR: the MOR has the right to redeem prop
PERIOD: within 1 year from the reg of the deed of sale
E: When the MOR is a juridical person, it shall hav the right to redeem the prop until, but not
after the reg of the cert of foreclosure sale with the RODeeds which in no case shall be more
than 3 months after foreclosure, whichever is earlier.