6.

Without or excess of
1. Review of Judgment and Final jurisdiction
Order or Resolutions of COMELEC 7. Execution has already been
ordered
and COA R-64
4. What are the requirements
1. What is the difference between
regarding the extrinsic sufficiency
Rule 64 from 65?
of the petition?
1. Directed to judgments
1. Petition verified
2. Filed 30 days from notice of
2. Certificate of non-forum
judgment
shopping
3. Motion for recon/new trial
3. Certified copy of judgment,
a. Allowed-interrupts
order
b. Denied- remaining
4. Proof of service
period not less 5
5. What are the distinctions
days from notice
between certiorari, prohibition
denial
and mandamus?
1. Certiorari
1. Correct act
2. Certiorari, Prohibition, Mandamus 2. Annul/modify
R-65 proceeding
1. What are the requisites for 3. Extend
issuance of Writ of Certiorari? discretionary act
1. Tribunal, board/officer 4. Respondent tribunal
2. Acted without or in excess board or officer
of jurisdiction exercise judicial or
3. No appeal or any plain, quasi-judicial
speedy and adequate function
remedy 5. Corrective
2. When is certiorari proper even if 6. Act without
appeal is available or lost through jurisdiction/
fault of petitioner? excess/grave abuse
1. Avoid miscarriage of justice discretion
2. Appeal not speedy & 7. Certified true copy
adequate of judgment &
3. Order patent nullity certificate of non-
4. Order excess of jurisdiction forum shopping
5. Avoid future litigation ii. Prohibition
6. Interest justice and equity 1. Prevent act
3. What are the exceptions to the 2. Order desist
requirement of filing motion for proceeding
reconsideration before certiorari 3. Extend
can be availed of? discretionary &
1. Issue is purely of law ministerial acts
2. Order patently void 4. Respondent
3. Extreme urgency tribunal.
4. Public policy or interest is Corporation, board/
involved person exercise
5. Raise same issues judicial or quasi-
 judicial function or 3. Review of judgment on the
ministerial merits
5. Preventive & 4. Appeal stays judgment
negative 5. Petitioner & respondent
6. Act without are same parties
jurisdiction/ 6. Motion for reconsideration
excess/grave abuse not condition sine qua non
discretion 7. Appellate jurisdiction &
7. Certified true copy power of review
of judgment & 8. Filed only with Supreme
certificate of non- Court
forum shopping Rule 65
iii. Mandamus 1. Special or original civil
1. Compel action
performance 2. Without or in excess of
2. Pay damages jurisdiction/grave abuse
3. Extend ministerial discretion
acts 3. Directed against
4. Plaintiff has clear interlocutory order prior
legal right appeal/ no appeal/speedy
Respondent & adequate remedy
ministerial duty 4. Not stay proceeding XPN
5. Positive or negative TRO/Prelim Injunction
6. Unlawful neglect 5. Parties are aggrieved
ministerial duty/ against lower court/quasi-
exclusion from right judicial body
or office 6. Motion for reconsideration
7. No appeal or plain condition precedent
speedy adequate 7. Higher court Original
remedy jurisdiction
6. What are the similarities of 8. May be filed with RTC CA or
certiorari, prohibition and Sc
mandamus? 8. What are the important requisites
1. Petition verified for the issuance of a writ of
2. No plain Speedy & prohibition?
adequate remedy 1. Tribunal, corporation,
3. May grant Preliminary board, officer exercise
injunction judicial, quasi-judicial or
4. Filed not later 60 days’ ministerial function
notice judgment 2. Acted without/excess
5. Certified true copy jurisdiction/grave abuse
judgment discretion
7. What is the distinction between 3. No appeal, or any plain
appeal by certiorari Rule 45 from speedy & adequate remedy
Petition for certiorari Rule 65? 9. What are the two aspects of
Rule 45 mandamus?
1. Mode of appeal 1. Unlawfully neglects
2. Questions of law performance
 2. Unlawfully excludes 2. 1 year after entry of judgment
another from use or action for damages wining plaintiff
enjoyment of a right 3. 5 years after act committed
10. What is the procedure in filing forfeiture charter/franchise
petition for certiorari, prohibition 3. What are the instances wherein a
and mandamus? Solicitor General & Public Prosecutor
1. File petition not later 60 shall commence a quo warranto
days from notice of proceeding?
judgment 1. Directed by the President
a. RTC- acts/omission 2. Good grounds provided law
MTC 3. Request of another
b. CA- aid of appellate 4. What is the difference between quo
jurisdiction warranto and mandamus?
c. SC- appeal from CA Quo Warranto
& govt’l bodies 1. Usurpation/Intrusion into office
2. Comment w/in 10 days 2. Object is to oust holder
receipt Order Mandamus
3. Service of order 1. Exclusion of legal duty
4. Filing of answer/comment 2. Without claiming right to office
5. Hearing Excludes petitioner from office
6. Decision of Court 3. Remedy to enforce clear legal
7. Service of judgment duties
8. Execution of judgment 5. What is the venue of action?
1. Supreme Court
2. Court of Appeals
3. RTC
If Solicitor General commences
3. Quo Warranto R-66 1. RTC of Manila
1. What are the grounds of petition? 2. CA
I. Brought by State 3. SC
a. Against individual
1. Usurps, intrudes or unlawfully 4. Expropriation R-67
holds/exercises public office 1. What are the two stages in
2. Ground forfeiture of office expropriation cases?
3. Association acts as corporation 1. Determination of authority
w/o legally incorporated 2. Determination of just
b. Against a corporation compensation
2. What are the requisites in
1. Misused right privilege expropriation cases?
franchise 1. Taking by competent
2. Offended against Corp. Code authority
3. Act surrender corporate 2. Public purpose
character 3. Due process
4. Non-use franchise period 4. Made only after payment
2. What is the prescription of action? 3. What are the requisites in order
1. 1-year ouster/right plaintiff arose- the plaintiff may immediately
public officer enter the property sought to be
expropriated?
 1. Verified complaint 2. Motion to dismiss or an
2. Deposit equivalent to appropriate pleading
assessed value of property 3. Order of condemnation
nd
4. What is the double purpose of 2 Stage-Determination of just
preliminary deposit? compensation
1. Pre-payment 1. Appointment
2. Indemnity against damage Commissioner at least 3, 1
5. What are the pleadings to be representing defendant & 1
filed? representative from court
1. Manifestation- no 2. Oath taking
objection 3. Commissioner report
2. Answer-all objection & 4. Objection 10 days from
defenses receipt report
6. What are the sources of the 5. Hearing
power of eminent domain? 6. Approve/disprove/modify
Constitution 7. Appeal judgment
1. Interest of national 10. What are the elements of taking
welfare/defense Art.12 property for purposes of eminent
2. Agrarian Reform Art.13 domain?
3. Expropriate idle or 1. Enters private property
abandoned agricultural 2. More than momentary
lands Art.18 period
Statute 3. Entry under warrant/color
1. Authority granted to GOCC of legal authority
2. Authority granted to LGU 4. Public use
5. Oust owner deprive
7. What are the limitations to the beneficial enjoyment of
exercise of the power of eminent property
domain?
1. Due process 5. Foreclosure of Real Estate
2. Just Compensation Mortgage R-68
8. What are the requisites before
1. What are the grounds for
LGU can expropriate private
foreclosure of mortgage?
property?
Principal obligation not paid when
1. Ordinance
due
2. Public use, purpose or
Condition or warranty is violated
welfare
3. Just Compensation
2. What are the modes of
4. Valid & definite offer not foreclosure of mortgage?
accepted Judicial Proceeding
9. What is the procedure in Extra-judicial proceeding
expropriation case? 3. What is the distinction between
1st Stage-Determination of right to equity of redemption and right of
expropriate redemption?
1. Filing complaint after Equity of redemption
payment of docket & lawful 1. Only in judicial foreclosure
fee 2. Mortgagor/ Successor-in-
interest may exercise
 equity of R 90-120 days 7. Forcible Entry and Unlawful
from entry of judgment DetainerR-70
3. No right of redemption in 1. What are the kinds of ejectment?
judicial foreclosure XPN 1. Forcible Entry
foreclosure is made by 2. Unlawful Detainer
PNB/banking institution 2. What are the other provisional
where exist both Equity R & remedies available?
Right of R 1. Preliminary Injunction-
Right of redemption prevent defendant
1. Exist in extra-judicial 2. Preliminary Mandatory
foreclosure Injunction- restore plaintiff
2. Mortgagor/ Successor-in- 10days filing complaint
interest may exercise Right decide motion 30 days
of R 1-year registration sale 3. When will execution may not
in Office of Registry of issue?
Deeds 1. Perfected appeal
2. Supersedeas bond stay
6. Partition R-69 execution
1. What are the Modes of Partition? 3. Deposits rental due
Voluntary act co-owners 4. What is the difference between
Compulsory- judicial proceedings forcible entry and unlawful
2. What is the procedure in detainer?
partition? 1. Forcible Entry
1st stage Determination of 2. Unlawful beginning FISTS
ownership 3. No Formal demand
1. Filing complaint 4. Prove prior physical
2. Answer & other pleading possession until deprived
3. Court order 5. 1 year from actual entry
nd
2 stage Actual physical partition Unlawful Detainer
Parties agree 1. Initially lawful unlawful by
1. Preparation instrument termination of right
partition 2. Formal demand required
2. Order of partition 3. No prior physical
Parties not agree possession req.
1. Appoint 3 commissioner 4. 1 year from last demand
2. Oath of office 5. What are the prohibited pleadings
3. Receive evidence ocular & motions?
inspection 1. Motion to dismiss XPN:
4. Commissioner’s report Lack of jurisdiction/fail
5. Serve copy of report comply with sec 12
6. Objection within 10 days 2. Bill of Particulars
from service or report 3. New Trial/Recon
7. Order disposing, recommit 4. Relief from judgment
to commissioner, set aside 5. Extension to file
or appoint new, accept past 6. Memoranda
and reject part 7. Certiorari Prohibition
Mandamus
8. Declare defendant Default
 9. Dilatory motions for 3. Fail comply judicial
postponement order/process
10. Reply 5. What are the remedies of a
11. Third-party complaints person adjudged in contempt?
12. Intervention 1. Direct Contempt –
Certiorari/ Prohibition
2. Indirect Contempt - Appeal
8. Contempt R-71
1. What are the two aspects of the
power of contempt?
Punishment for disrespect
Compel performance duty refused
2. What is the classification of
contempt?
Direct
Indirect
Criminal
Civil
3. What is the distinction between
direct and indirect contempt?
Direct
Presence/so near court/judge
While session/not connection
administration of justice
No hearing required
No written charge
Not appealable
Indirect
Out of the presence
Done at a distance to belittle
degrade obstruct interrupt
Hearing required
Written charge required
Appealable if against RTC
4. What is the distinction between
criminal and civil contempt?
Criminal
1. Directed against dignity &
authority
2. May arise in course of
action
3. Attack against authority
court
Civil
1. Failing to do something
ordered
2. Enforcement civil rights