PDAF – Constitutionality SC, Sec. 1 Par 2, Rule 8

immediately executory ≠ final and executorIF: ombudsman – hierarchy of courts; CA first, then SC (certiorari)Rule 70 – ejectment cases; can still stay execution

- supersedeas bond + appeal (w/in 15 days)Rule if there is a 2nd revival and the judgment has expired?IF: Defendant dies – distinguish if action survivesR65 – independent civil action; not a mode of appeal Writ of execution must not be served to the

parties Levy capable of manual delivery Procedure of levy – only on properties

registered Garnishment – those not capable of manual

delivery Auction sale – excess return to obligor

- affidavit of third party claim Bond – counterclaim (terceria – sheriff will

stay execution) Judgment for specific acts (e.g. accion

reinvidicatoria, ejectment cases, specific performance)

What is common? Ejectment – vacate property- immediately executory Ask for issuance of writ of demolition Compliance in good faith After satisfaction of judgment – file report if

not satisfied – report will state “not satisfied”

Levy on RP – sold at public auction highest bidder wins – pay proceeds

- Evidence certificate of sale - If no redemption deed of conveyance- Opportunity to redeem by judgment

obligor 1yr- Clerk of court will also note in the book of

entries upon satisfaction of judgment

CA: 1) period2) verify3) append original copy of judgment4) material date5) proof of service6) copies7) docket fees

IF: RTC – dissatisfied CA (R41)Rule 42 if MTC RTC CA

IF: Rule 41, RTC elevates the record to CA, ALWAYS

In criminal – whole case is reviewedIn civil – appeal limited to those raised on appeal(except lack of jurisdiction)

TO RTC – memorandumTO CA – briefTO SC – memorandum* injunction can be a main action in itself* note the different grounds for discharge of attachment“judgment” as to injunction, refers to judgment of RTC, CA or SC as the case may be

procedure as to form (R58)o verified petition + bondo substantial compliance (sufficient)o if verified petition + affidavit of merit =

OK

Rule 58; grounds- if SIMPLE applicant entitled to relief

prayed for + Sec.3- hearing is a must; except grave/ irreparable

injury

TRO – must be set for summary hearing72-hour TRO = if grave injustice + irreparable injury + extreme urgencyCan MTC issue? Yes

Effect of issuance of injunction – RTC? CS? SC?

Grounds to object to TROProperty is the subject of the main actionReceivership in action for collection of money

R59, Sec. 1b – also in judicial foreclosure of mortgageIF: perishable goods – receiver may sell the property

Purpose of replevin?- Always remember when to file for provisional

remedies

Receivership – prior to execution sale

R60 – why the short period? Subject is movable property

- Affidavit of merit; what should be alleged?- Bond in R60 – double the value as that

stated in the affidavit

Contemporaneous service of summons?

When to file bond?

IF: single sala – raffle + notice of raffleIF: muti sala – service of summons; no raffle

R57 – set for hearing

R58 – set for summary hearing; notice of summary hearing within 24 hours from notice of raffle

When will injunction become permanent?Is there also a motion to discharge in R58? Yes. What grounds?

under oath – risk for perjury is false allegations

To whom is the writ addressed?What will the sheriff serve? Contemporaneous with service of summons? Complaint, bond, writ, application and affidavit – if incorporated in the complaint

Who signs the writ of replevin? JudgeCounterbond – also double the value

IF: bond is insufficient – hearing requiredR60 – provisional remedy only so applicant after recovery of possession shall safekeep pending judgment

Support pendente lite: what actions?Requirements as to form?Procedure?

Katarungang Pambarangay – form of ADR- Authority to bring parties for amicable

settlement- Over dispute – all disputes; exceptions?- IF: different brgy; brgy of respondent - “complainant” and “respondent” because

there’s no case yet

How to file; verbal or writtenOnly file a form to fill up for records (brgy blotter)Issue summons – failure to appear despite notice?

Reschedule (once)Certification to file action (twice)

compliance with condition precedent; otherwise vulnerable to motion to dismiss

Compositions of Lupon and Pangkat?Lupon: IF no settlement reached – certification to file action again

EFFECT: if settlement is reached – has the force and effect of a judgment; it can be enforced; partied bound by law

* repudiation and nullification of settlement – how? Grounds? When?* petition to nullify – MTC* repudiation – brgy; certification again

* reckoning of 6-month period?

IF: there’s agreement as to period but failed to comply (Vidal case)

Action to enforce where? Independent ordinary civil action

Procedure? Regular Procedure?

Small Claims:- effect of filing dispute with brgy for conciliation – interruption of prescriptive period- sine qua non that it may be a ground to dismiss!

Purpose? Reason?

Exceptions to summary procedure as to M2D as prohibited pleadings

Arbitration award byu lupon/pangkat - Arbitration agreement; same effect

Summary Procedure- Procedure?- Both in civil and criminal cases (e.g.

ejectment)- Ground to dismiss action – lack of juris

(outright); res judicata (outright)- What are the prohibited pleadings?- Complaint and answer only; VERIFIED

All other cases: not > 100K (Outside Mla)> 100K (Manila)

No need to reconcile with money claims

Other claims that are not purely money claims Summary procedure

IF: boundary dispute?IF: sought recovery – regular procedure – real actionIF: not – summary procedureIF: purely money claim – small claims

Review Jurisdiction? Procedure? What action? Remedies?

Position paper + affidavits of witnesses submit for decision* Can stay execution if appealed + supersedeas bond within 15-day period even if judgment is generally immediately executory

IF: no amount – file motion to fix supersedeas bond

IF: already on appeal to RTC: if RTC affirmed MTC – execution can no longer be stayed

Clarificatory questions – only after preliminary conference to avoid delay

Note prohibited pleadings!

Judgment is unappealable AND immediately executory (R39 governs)

Remedy: file petition for annulment to RTC in isolated cases when there is a ground (e.g. lack of jurisdiction)