APPEAL b.

You file NOA to avoid the judgment to become final and executory
c. NOA must contain the following (R41S5):
1. 3 modes of appeal: i. Parties
a. Ordinary Appeal R40-41 ii. Judgment or final order
i. Notice of appeal iii. Court to which the appeal is being taken
ii. Record on appeal iv. Material dates showing timeliness of appeal (material data rule)
b. Petition for Review R42 d. Important in both NOA and ROA: Material Date Rule
c. Appeal by Certiorari R45 4. Steps in Rule 40:
NOTE: Rules on Summary Procedure no longer apply when appeal is made 1. File notice or record
e.g. MR is prohibited in unlawful detainer in MTC, but when appeal is made in RTC, MR is now 2. Pay docket fees
allowed. 3. Court that rendered judgment will take note. MTC Clerk of court will submit to RTC
4. RTC will order party to admit brief or memo
RULE 40 5. RTC will no longer examine witnesses, but rely on the decision of MTC
1. What to file in ordinary appeal? 5. MTC>RTC how many days to file memorandum? 15d (R40S7)
NOA ROA
When to file 1.Special
Three modes of appeal from RTC decisions:
proceedings and
1. Ordinary appeal R41
cases of multiple or
2. Petition for review R42
separate appeals
3. Certiorari R45
2. Expropriation
RULE 41
3. Judgment for
1. Court which rendered judgment: RTC
recovery or partition
Appellate court: CA
of property
2. Why called ordinary appeal? Because RTC has original jurisdiction, in effect there is only one
4. Foreclosure of
decision rendered over the case.
mortgage
While Petition for Review implies a case has been decided twice
5. judgment to one
3. Rule 44 – procedure of ordinary appeal before the CA
of the multiple
4. When does the court which rendered judgment loses jurisdiction?
defendants, leaving
ANS: When all periods have expired.
the action to proceed
Note: When there are different parties, there may be different reglementary periods due to different
against others.
decisions made over their MRs
Period 15d from notice of 30d from notice of
judgment or denial judgment or denial of
RULE 42-43 Petition for review
of MR/MNT (fresh MR/MNT (fresh
1. 2 Kinds of Petition for Review R42 and R43
period) period)
a. R42 RTC>CA
Extendible Period NO GR: NO
Applies when MTC decision is denied by RTC
XPN: when
b. R43 Quasi Judicial Agencies>CA
authorized alteration
2. In Summary procedure, what to file when lose in MTC?
or modification of
ANS: R, Notice of appeal filed to the court which rendered judgment.
record
-DON’T USE MR.
(Motion must be filed
-If RTC denied, use PFR (R42)
within 30d period)
3. In Small claims, what to file when lose in MTC?
Where to file? Always filed to the ANS: R65 because judgment in small claims is Final and executory; hence, no appeal and no MR are
court who rendered allowed.
judgment (NB) 4. R43 when is it applicable and what kind of decisions? S1
ANS: Quasi Judicial Agencies which rendered decision in the exercise of its adjudicatory powers.
2. Record of appeal, meaning. R40S3; R41S6. i. Important requirement: the quasi judicial body which rendered decision Must be under the
a. All pleadings, decisions which are necessary for the understanding of the case are submitted. It exercise of quasi-judicial adjudicatory powers (NB)
is a sequential compilation of pleadings and decisions/orders by court in chronological order. 1. When your salary is withheld, no R43 because that is not a decision or an exercise of
-When partial appeal only, attach only the relevant pleadings and decisions to that partial adjudicatory powers but a mere exercise of administrative function.
decision appealed 2. E.g. CSC ruled over an Employees violation of dress code, remedy is R43
b. Record on appeal used in multiple appeals; this happens when there are multiple parties 5. How many days to file a PFR? 15d same with R42
3. Notice of appeal, meaning. R41S5. a. Extendible?
a. NOA is a one piece of paper which contains “Plaintiff files an appeal from the decision of MTC -R43 S4 YES, limited to one extension.
court…” -GR: no 2nd extension
 XPN: most compelling reason 1. Petition for review on certiorari R45
6. Requirements R42 PFR? 2. Ordinary appeal through Notice of Appeal from convictions involving r. perpetua (S3 R122)
Verified PFR
Attach copy of decision 2 modes of appeal from judgment of RTC>CA?
Affidavit of material things 1. Ordinary appeal in exercise of original jurisdiction by RTC. 15d NOA; 30d ROA
Date of timeliness 2. Petition for Review in exercise of appellate jurisdiction by RTC. 15d
Parties, issues, errors
7. Requirements R43 PFR? a. Defendant received RTC decision on Jan 2. He filed NOA on Jan 10. Then he withdrew NOA
Same, but must be all certified true copies. to file MNT on Jan 13. Court denied the withdrawal of NOA. Proper?
-Because CA cannot verify docs. Quasi judicial bodies do not forward to CA (NB) b. Plaintiff received RTC decision on Jan 6. He filed MR on Jan 19. Court denied MR on Feb 3.
-In practice, upon receipt of the decision from Q-Judicial body, get the certified true copy Then he filed NOA on Feb 5. Court denied on ground that period to appeal already lapsed.
8. Is the enumeration in R43S1 exclusive? NO Proper?
a. E.g. of R43 Decision of the Office of the President, DARAB, a. NO. From Jan 2 to Jan 13 only 10d has elapsed; hence, the period of appeal (15d) has not yet
b. Not R43: expired.
1. NLRC>CA is R65; b. NO. Fresh period rule
2. HLURB>Office of Pres;
3. CTA>CTA En Banc>SC R65 Plaintiff received decision on June 9. He filed NOA on June 15.
NOTE: The only way you can go to SC is by R65 Defendant received decision on June 10.
XPN: Capital Offense of criminal case by Ordinary Appeal (NB) Parties entered into compromise on June 16.
9. PFR on certiorari, how many days? R43S_ 15d with extension for another 15d Defendant filed a motion for approval of Compromise Agreement in June 13.
10. NOTE: PFR on certiorari (R43) is not the same as petition for certiorari (R65) Plaintiff changed his mind and opposed the motion on ground that RTC has no more
jurisdiction. Rule on the motion.
RTC still has jurisdiction because the period of appeal of the defendant is not yet expired when motion
RULE 44 ORDINARY APPEALED CASES was filed.
1. How many days to file: R44S7
a. Appellant’s brief: 45d from receipt of the notice of clerk of court When appeal from RTC to CA is perfected?
b. Appellee’s brief: 45d from receipt of appellant’s brief NOA: Upon filing of NOA within the reglementary period.
c. Appellant’s reply: 20d from receipt of appellee’s brief ROA: Upon approval of ROA filed within the reglementary period.
2. How is Jurisdiction acquired over persons over original cases filed over CA?
a. Service by order or resolution not rule 14 How to appeal on the following?
Rule 13 requirements must be followed a. Order of execution by RTC
b. Voluntary submission b. Judgment of RTC denying petition for writ of amparo
3. Is there a hearing in CA? YES, c. Judgment of MTC on its delegated jurisdiction on a land registration.
a. In what cases there is hearing? In cases where CA has original jurisdiction (mandamus, quo d. Decision of CTA first division.
warranto, Annulment of Judgment of RTC) e. Judgment of RTC denying petition for writ of Habeas corpus
b. Annulment of judgment seeking to annul RTC decision is an original action, hence there is f. Order of RTC denying the petition for certiorari questioning MTC’s denial of motion to
hearing (NB) suspend criminal proceedings.
i. Can you file AOJ seeking to annul MTC decision? YES, but file it to RTC a. CA, PFC R65
ii. Can you file AOJ seeking to annul RTC decision? YES, through original action filed to CA b. SC, PFROC R45. (This is final judgment)
iii. Can you file AOJ seeking to annul CA decision? NO, because R47 is not allowed to SC. The c. CA, NOA (S34 BP129)
only way you can go to the SC from CA is through R45 d. CTA en banc, PFROC R45
- R47 is allowed in MTC>RTC and RTC>CA but not CA>SC e. Same as b
4. Can the CA justices (collegiate court) / division itself hear the case? f. CA, NOA
YES, alternatively you can ask the CA to receive evidence on their behalf
5. CA has preliminary conference (not asked in bar, just read) RTC rendered a decision. Defendant filed NOA. Plaintiff filed a motion for partial new trial to
increase award.
Q&A QUAMTO RTC rendered amended decision to reduce the award. Is it necessary for the defendant to file
What is interlocutory order? second NOA?
Not final decision. It leaves something to be done by the court. Yes, because a substantial change was made to the original decision.

Court granted the motion for summary judgment except as to the amount of damages a. How can the defendant stay the execution of the MTC judgment to vacate the premises in
recoverable. May defendant appeal? an ejectment suit?
No, this is a partial summary judgment which is an interlocutory order. b. Defendant appealed from MTC>RTC>CA. CA dismissed the petition for review for moot and
academic because the Sheriff already executed the MTC decision to vacate. Correct?
What are the modes of appeal in SC? a. 1. Perfect his appeal to RTC
2. File supersedeas bond to pay rent, damages cost a. No, no CNFS required in this petition because it is not initiatory pleading
3. deposit monthly with RTC during pendency of appeal b. Move for issuance of a court order to direct execution of Deed of sale by some other person appointed
b. NO. The execution of judgment is only in respect to eviction. Such execution has no effect on the by court at D’s cost (S10R39)
merits of the ejectment suit.
a. P resides in Manila, D in Bulacan. RTC Manila issued writ of execution for collection of sum
a. How may the defendant prevent the sale of the property on execution? of money. Writ retuned unsatisfied. P filed a motion for an order requiring D to appear before
b. How much does the plaintiff of the property at the execution sale must pay? it and to be examined regarding his property and income. Resolve.
c. If property is sold to a 3rd party, what can the defendant do to recover property? b. Sheriff served summons to D’s 18year old daughter. 7 years after entry of judgment, P filed
a. Petition for Relief with Preliminary Injunction R38. an action for revival. Can D oppose revival due to no jurisdiction over his person?
b. Plaintiff as judgment creditor should pay only the excess amount of the bid. a. Deny the motion because no judgment obligor shall be required to appear before a court for
c. Legal redemption within 1 year from date of registration of certificate of sale + 1% interest/mo. examination concerning his property and income outside his residence. (S36R39)
b. Yes, sheriff did not exert sufficient effort to serve summons personally.
After judgment, defendant filed a petition for relief with preliminary injunction. Then RTC
dismissed the petition. Plaintiff immediately moved for the execution of judgment. Granted? NCC A. 1144 – an action upon judgment must be brought within 10 years. Is this applicable to
Yes, dismissal of petition for relief also dissolves the preliminary injunction. an action filed in Ph to enforce a foreign judgment?
No, foreign judgment cannot be enforced by mere motion(?)
May an order denying the probate still be overturned after lapse of period to appeal?
Yes, by (1) Petition for Relief: 60d after petitioner learns of judgment and not more than 6mo after PROVISIONAL REMEDIES R57 onward
judgment; (2) Annulment of Judgment: 4y from discovery if extrinsic fraud; before barred by laches if - You can avail provisionally, wala pang decision ang court
lack of jurisdiction - GR you can ask for relief upon trial;
XPN: provisional remedies, wala pang trial, but pwede mawala after judgment which will
Grounds for Annulment of Judgment of RTC? dissolve or annul such PR
Extrinsic fraud and lack of jurisdiction. 1. PA – para dimabenta, magalaw ang property
a. Two ways to avail:
P put wrong address. D filed no answer because summons was not served properly. D learned (1) upon filing Complaint with prayer or application for the writ of attachment
of the judgment only 3 years after. Remedy? (In practice wag ito, dahil makikita agad ng defendant sa summons at baka ibenta agad
Annulment of Judgment R47 on ground of lack of jurisdiction and extrinsic fraud, denial of due process. ang property)
(2) upon motion
PR b. PA is Ex parte because of the grounds (R57S1)
Plaintiff is ordered to pay damages due to unwarranted attachment of D’s property. D sought WHY EX PARTE:
to charge P’s attachment bond. P claimed that the filing of counterbond by D relieved P’s -Defendant is alleged to be in bad faith, there is danger over the property being dissipated.
attachment bond from all damages. -If not ex parte, defendant will immediately dispose the property. It is ex parte to keep it
D’s filing of counterbond is not a waiver to proceed against the attachment bond of P. secretive to attach and secure the properties.
c. PA still requires reception of evidence but not a full blown trial. Court will see if property is
a. Remedy if writ of execution was unsatisfied and D has deposit of money. linked to the plaintiff’s interest in the complaint or under the grounds in Sec 1.
b. Remedy if bank denies due to deposit belongs to D under assumed name. d. 3 STAGES:
a. Garnish/levy on execution the bank deposits. R39S40 1. Court will issue order granting the application for attachment
b. Motion for court order requiring bank officer to appear for examination, then motion for court order to 2. ISSUANCE: Court will issue writ of attachment
file action against bank for recovery of judgment (R39S37,43) -YOU DON’T NEED J OVER THE DEFENDANT in stages 1 and 2.
-Anyone can seek attachment of your property because PA is secretly made.
Five year old judgment from ejectment case. -YOU NEED J OVER THE DEFENDANT in stage 3 when implementing the writ (e.g. in giving
a. Procedure followed to enforce a five year old judgment. notices to the bank not to allow withdrawal of the defendant)
b. What court to institute it? 3. ENFORCEMENT: Implementing the writ
a. Enforce judgment by another action reviving the judgment because it can no longer be enforced by HOW TO ACQUIRE WRIT?
motion due 5 yrs (R39S6) -First acquire Jurisdiction over the defendant by Summons.
b. RTC, because enforcement of judgment is a personal action incapable of pecuniary estimation -Your service of Summons must be done prior or contemporaneous to the implementation
of the writ
Is the order of execution for moral and exemplary damage pending appeal correct? (in practice mas okay ang contemporaneous to keep it secret)
NO, liabilities of moral and exemplary damages are dependent on the outcome of the main case. They -If summons is defective, attachment will be lifted; it cannot be cured
remain uncertain pending resolution by CA/SC. e. GROUNDS – memorize
1. Recovery of sum or damages (not moral/exemplary) against a party who is about to
a. P filed a Petition for the Issuance of a Writ of Execution. D filed MTD on ground of no CNFS. depart in Ph.
Grant? 2. Embezzled by public officer, corp officer, atty, broker, clerk in course of employment
b. What is P’s remedy if after issuance of writ of execution, D obstinately refused to execute 3. Recover possession of property fraudulently taken when such is concealed to prevent
the deed of sale? being found
 4. Fraud in ii.
Mandatory injunction – to perform; to compel someone to do something;
a. Contracting debt (dolo causante) e.g. ibalik ang kuryente ng MERALCO;
- fraud to induce another to enter into a contract NOTE: MANDAMUS and PROHIBITION are different because they are directed to public
b. Performing an obligation (dolo incidente) officer
- fraud in the existing contract e. Evidence required in PI: initial and incomplete evidence is enough
NOTE: Fraud as ground of PA is usually asked in BAR i. Injunction being a provisional remedy only, you need only such evidence to establish just
5. Actions against a party who has (or about to) removed or disposed his property. to establish the ground and not of the entire case in order to justify the need;
NOTE: E is against the property not directed against the person itself ii. incomplete or initial evidence is enough; you don’t need to present all the evidence
6. Non-residents not found in PH or Summons served by publication otherwise you just wait for the trial
NOTE: F no need for fraud f. When PI may be issued? Any stage prior to judgment
f. How to discharge the attachment? g. Requisites of PI (prohibitory or mandatory)
1. Post a counter bond 1. “Clear and Unmistakable Right”
- must be done after the enforcement of the writ - which is a heavier requirement than that of a Cause of Action
(you cannot use it before enforcement. In practice, ung iba nalalaman agad nila due to 2. Invasion of such right
bribery inside the court, so the defendant is already posting counter bond even before 3. Urgent need to prevent irreparable injury
enforcement)
2. Irregular or Improper or excessive attachment (S20). h. Can judge issue an INJUCTION without notice and hearing?
- may be done before or after the enforcement of writ i. GR: NO;
- Improper means not based on the grounds; ii. XPN: in case of irreparable damage, judge can issue ex parte, but TRO has time limit (72h)
- Irregular means irregularly issued e.g. writ is enforced agad without jurisdiction over o Within 72h, hear the case. During hearing TRO can be extended to 20d.
the defendant o Within 20d you must secure an injuction.
NOTE: S20 applies to all provisional remedies except support i. Posting a bond is condition sine quanon.
g. Damages may be sought by defendant before/after trial. i. You need a bond to protect the person against whom it is issued. Without posting bond, no
- If plaintiff is not entitled to the attachment, defendant may seek damages even after trial. injuction will be issued.
- Defendant may recover damages from plaintiff’s attachment bond even if the defendant posted ii. You will still pay damage if injunction is dissolved
a counterbond j. You cannot attach anymore when the property is already mortgaged, the remedy is preliminary
injunction
2. PI – injunction as provisional remedy i. (kwento ni mam they sought remedies: first adverse claim, then filed complaint, then lis
a. Two kinds of injunction pendens, then injunction na dahil mortgaged and foreclosed na kaya dina pwede ang
i. Preliminary Injunction (temporary) attachment; nagfile sila ng consulta appeal)
1. An ancillary remedy only and not a judgment on the merits of the case ii. However, there can be no injunction of foreclosure if right to foreclose by the mortgagee is
2. Purpose: To preserve status quo or to prevent future worngs until merits can be heard in their contract.
3. May be issued by any court having jurisdiction over the main action k. 2 KINDS OF TRO
ii. Injunction (permanent) 1. 72h TRO – can be issued only by the presiding judge of the single sala court or the
1. It is independent, principal, main or final action and not a preliminary remedy executive judge of the multi-sala court
2. Purpose: to seek for final injunction, permanent - Can be issued before raffle, without notice and hearing
3. It can be issued by RTC only. MTC, CA, SC cannot issue an original action for - 3d tro can become 20d after raffle. A hearing will be conducted to assess if 3d TRO
injunction. can become 20d TRO.
b. 3 Requisites of PI: (MEMORIZE) 2. 20d TRO – can be issued by regular courts or judge after raffle
1. Clear and unmistakable right - Right in esse (BAR) - also without notice and hearing, but only after raffle
2. Right is validated and substantial - 20d tro cannot be extended, because there is no notice and hearing (violation of due
3. Necessity of remedy against serious damage process), only way to extend life of TRO is through a preliminary injunction
o “serious damage” - something cannot be repaired by money - TRO can be issued ex parte without notice and hearing; Preliminary injunction
E.g. prevent playing of Hello Garci Tapes; prevent mother to apply immigration of the cannot/never be issued without notice and hearing.
child NOTE: TRO issued by CA is effective for 60d; by SC is effective until further orders
E.g. lessee’s introduction of improvements to the property leased may not be enjoined l. Is issuance of PI, is that appealable? NO, it is interlocutory R65.
by injunction because the improvements can be repaired by money Can the enforcement of the PI be suspended? NO.
c. In practice, PI is the most abused remedy. Remedy: file certiorari with injunction against a preliminary injunction (the only way to prevent
i. In Certiorari the judgment continuous to stand, the only way is to file TRO or injunction. injunction is to file injunction) (NB).
o E.g. NLRC decisions become executory because R65 is not a mode of appeal but an - in practice when you file an injunction, TRO is included
independent action.
o Remedy: Injunction/TRO with injunction 3. Receivership
ii. ALL decisions can be enjoined by injunction. a. when someone is has interest in the property, at baka idispose, he can file a verified application
d. 2 kinds of PI to appoint someone to be the receiver
i. Prohibitory injunction – to refrain; tigil lahat
 i. Receiver is a person appointed by court in behalf of all the parties to an action to preserve
the property involved in suit. Attachment bond and counterbond amounted to 1m. Court found that attachment was
ii. GR: neither party can be appointed as receiver malicious. It ordered P and its surety to pay jointly to D 1.5m as actual, .5m as moral and .5m
XPN: consented by the other party as exemplary damages. Correct?
b. Only remedy for post judgment No, no judgment against surety if no due notice was given; cannot exceed against counterbond.
c. Grounds
d. Need bond May the property of incompetent under guardianship in custodia legis be attached?
e. Can be dissolved by posting counterbond and assailing the ground Yes, although in custodia legis (s7r57)

4. Replevin – bawiin personal property even pending action May damages be claimed in wrongful attachment even if judgment is adverse to him?
a. When to apply? S1 at the commencement of action and anytime before answer; Yes, on account of improper, irregular or excessive attachment
i. unlike other remedies replevin has time limit
ii. cannot be filed before appellate courts WPA was served ahead of summons. Defendant filed MTD and to dissolve PA on 3 grounds: 1.
iii. Remedy after answer is filed: attachment since jurisdiction has already been acquired over No jurisdiction over his person because writ was served before summons; 2. Writ improperly
the defendant implemented; 3. writ was improvidently issued because obligation was fully paid.
b. Prove grounds and requisites in your application for writ of replevin -
i. Requirements of application:
1. Bond Attachment v Garnishment
a. How much is the bond? Double the value of the property A: levy on property
2. Affidavit G: levy on debts due the judgment obligor (eg. bank deposits)
a. Content of affidavit: S2 MEMORIZE
c. Deprivation must be legal and lawful Discuss:
Item must be lawful. PA – attached as security for satisfaction; before judgment
E.g. Logs in custody of forestry, replevin? NO, because item is not lawful Garnishment – levy on debts, credits, royalties, commissions
d. Can you quash? Yes, like other prov remedies Levy on execution – sell property of judgment obligor if he is unable to pay obligation
i. How Dissolved: through counterbond and attack the issuance (through motion) Warrant of seizure – search warrant in criminal cases
e. Attachment v Replevin warrant of distraint and levy – for local governments and BIR to satisfy delinquencies
A: 1 kinukuha but not physically 2. Kunin ng sheriff 3. Di ikaw may ari 5. Attachment can
be in any case mentioned in RUles Sheriff attached D’s properties. Then summons was served to D. D moved to lift the
R: 1. Kuha physically 2. Kunin ng dating mayari, repossess 3. Ikaw may ari 4. All that can attachment. Rule.
be attached can be subject of replevin 5. Only asked if main action is “recovery” of the I will grant the motion. Summons must be served prior or contemporaneous of WPA. No jurisdiction over
thing the defendant was obtained.
f. Cases:
i. DANAO case: can a motor vehicle in custody of another court be subject of replevin? NO, Writ was issued. Then Nov. 19 the Sheriff levied D’s property. On Nov. 20 the Sheriff served
S2 R60 the summons. D claimed that the WPA is not properly issued.
ii. Case: can something held as evidence in criminal action be subject of replevin? NO, a. Is D correct?
g. R39 s16, R67 S?: 3rd party claim rule over attachment and replevin b. was the WPA properly executed?
a. No, in the stage of issuance there is no need to acquire jurisdiction of the defendant through
5. Support pendente lite – pending litigation you can ask for support summons
a. Only prov rem that does not require bond. Bond’s use is to answer for damage due to unlawful b. No, in the stage of execution, there is a need to acquire jurisdiction of the defendant through prior or
issuance. contemporaneous summons
b. Unlawful issuance, effect: you can’t recover damages, only reimbursement or 3rd party
complaint in same action Differentiate TRO from Status Quo Order
c. If refused to comply? Court may order execution, contempt TRO – issued upon application of party; requires bond
d. 2 instances when writ of execution is issued before judgment: SQO – maybe issued motu proprio; no bond
1. Support pendente lite
2. Indigent no filing fees
e. Can support pendente lite be dissolved? Yes, if there is no more reason to give support II. PI
May PI be issued ex parte?
Q&A No, requires notice and hearing because it may cause injury to party enjoined.

Requisites of:
I. PA
a. WPI
May PA be issued ex parte?
b. Final Writ of Injunction
Yes, because notice and hearing would defeat the purpose
a. 1. Clear and unmistakable right; 2. Violation of that right; 3. Necessity to prevent serious judgment
b. Granted after trial of action No, there is no default in summary proceeding

Injunction as ancillary remedy v Injunction as main action Plaintiff sought to dismiss her 1st complaint in RTC for wrong jurisdiction. She filed 2 nd
PI – temporary complaint, but due to reasons known to her she dismissed it. After a month she filed 3 rd
Final Injunction – permanent complaint. Can the defendant invoke the two-dismissal rule?
No, because RTC is not a competent court. Two dismissal rule occurs when plaintiff has once dismissed
What is the proper procedure to prevent D from leaving Ph an action in a competent court.
hold departure order
What is the mode of appeal applicable to the following cases, and what issues may be raised
Can suit for injunction stop the president of the Philippines from entering into a peace before the reviewing court/tribunal?
agreement with MILF? (a) The decision or final order of the National Labor Relations Commission.
No, it is purely a political question. President is immune from suit. (b) The judgment or final order of the RTC in the exercise of its appellate jurisdiction.
a. There is no mode of appeal from a decision or final order of the NLRC, since such decision or final
May RTC issue an injunction without bond? order is final and executory pursuant to the Labor Code. [Art. 223]. The remedy of the aggrieved party
Yes, if final injunction. is to file a special civil action for certiorari with the Court of Appeals
But in PI, GR: bond is required; XPN: exempted by trial court b. The mode of appeal applicable to judgments or final orders of the RTC in the exercise of its appellate
jurisdiction is a petition for review under R42. The petition may raise questions both of fact and law. [S2
An application for WPI with TRO is filed in multi-sala RTC with branches 1, 2, 3 and 4. R42]
Executive judge raffled it and was sent to branch 4 whose judge immediately issued TRO. Is
TRO valid? Court issued TRO and extended it on the same ground for 20days to enjoin the defendant
No, only the executive judge can immediately/ex parte issue a TRO effective for 72h. The branch 4 judge from entering the land. During the extended period, the defendant entered the land. Is he
must conduct hearing to issue 20d TRO. liable for contempt?
NO, TRO is invalid for being extended on the same ground. TRO may be ignored.
May a justice of a division of CA issue a TRO?
Yes In an unlawful detainer, the judgment orders defendant to vacate and pay Atty’s Fee. Can he
post a supersedeas bond?
III. Receivership, Replevin, Support Pendente Lite NO, supersedeas bond is availed if judgment awarded rents, damages and costs. Here the judgment is
to vacate and to pay Atty Fee which supersedeas bond does not cover.
P filed complaint for foreclosure of mortgage of equipment of D. P learned that D quietly
disposed some of the equipment during the pendency of suit. What action to preserve 2018 BAR
remaining equipment? In an ejectment case,
Receivership. It is proper in an action by the mortgagee when it appears that the property is in danger a. Plaintiff resides in Italy. Defendant is in Davao. Is there a need for prior barangay
(S1b R59 conciliation?
b. The assessed value is P25k and instituted before RTC Davao. Proper?
What is replevin? c. Should complaint be verified?
Order of court to deliver of personal property upon filing of bond a. No, it falls under XPN in Administrative Circular No. 14-93.
“Where the dispute involves real properties located in different cities and
Petition for Support pendente lite was filed against the accused rapist/father. Accused insist municipalities, unless the parties thereto agree to submit their difference to amicable
he cannot be made to support as there is no finding he is guilty. Agree? settlement by an appropriate Lupon”
No, support pendente lite may be granted by RTC in criminal action for rape. b. No, MTC has jurisdiction
c. Yes
Q&A 2017
Give brief answers to the following: Feb 3 Order granting ex parte application for PA was served to defendant. Mar 1 complaint
(a) What is the doctrine of hierarchy of courts? and summons was served to the defendant.
(b) What is the Harmless Error Rule in relation to appeals? a. Can the WPA be dissolved by the defendant? On what ground?
(a) The doctrine of hierarchy of courts provides that where there is a concurrence of jurisdiction by b. If defendant posts a counter bond, is he deemed to have waived his claims for damages
courts over an action or proceeding, there is an ordained sequence of recourse to such courts beginning arising from the issuance of WPA
from the lowest to the highest. A direct invocation of the Supreme Court’s original jurisdiction should be a. No, jurisdiction over the defendant is not yet required in this stage because the WPA is not yet
allowed only when there are special and important reasons therefor. implemented.
(b) The harmless error rule in relation to appeals provides that the appellate court should not reverse a b. No, a motion to release property from attachment is treated as a third party claim (R57S14) (Rural
judgment as a result of any error or defect which does not affect the substantial rights of the parties. Bank of Sta. Barbara Case)
[See S6 R51]
First dismissal was at the instance of the defendant on the ground of lack of jurisdiction.
Defendant failed to file an answer within the reglementary period in a complaint for unlawful Second dismissal was at the instance of the plaintiff. Will two dismissal rule apply?
detainer, default? No, it will not apply if prior dismissal was done at the instance of the defendant.
Does the nullification of dacion en pago bar the filing of the interpleader case?
No, because res judicata will not apply due to not identical COA.

Defendant filed an answer with an affirmative defense that the purchase price is fully paid
and for this reason the complaint for reconveyance should be dismissed. Is motion for
Judgment on the Pleadings proper.
No, the answer tendered an issue

What is the remedy of the purchaser to nullify a reconstituted title which is obtained through
a Petition for Reconstitution of Title?
Annulment of Judgment under Rule 47. (Note: Petition for Relief must be sought first before seeking
Annulment of Judgment. But in Petition for Relief, the one obtaining a remedy must be a party thereto.)

a. May OSG be compelled, through petition for certiorari (R65), to institute a Quo Warranto
proceeding against a CA Justice who is alleged to be a Chinese citizen?
b. Does the lawyer who initiated the action have a legal personality to initiate the action for
certiorari and prohibition against CA Justice?
a. No, it the proper remedy is mandamus. OSG function is discretionary.
b. No, only those who have a claim to the office can file a complaint

Remedy if Motion for BOP is denied?

Remedy available to the oppositor of the appointment of administrator by the court.

Is the petition for writ of kalikasan within the jurisdiction of the RTC?
No, it is under CA/SC (Rules of Procedure for Environmental Cases)

Money claim of 180k from solutio indebiti is under: