Mar 27, 2015#1 - quieting of title is a supervening event for forcible entry case even if latter decided earlier#2 - new computation is necessary from the time CA rendered decision#3 - new case for recovery of ownership is barred by first case even if new party is impleaded. Res Judicata since theres Identity of Interest *or matters that could have been raised thereto..#4 - no Red Judi since decision of Swiss Court doesn't bar case in SB. One is propriety and other is recovery. Different interest and subject matter#5 - no Res Judi = diff COA#6 - not barred by prior judgement, only conclusiveness of judgementSorianoLimYuTabagMar 28, 2015Rule 39 impt:Execution as a matter of right vs discretionHow writ is enforced (money spec act etc)Defenses in ExecutionTerceria (3rd party claim)Period to Redeem*Picazo Law Offices - good corp law office#16 - Family home not automatically exempt lalo na if not raised#17 - can't levy possession when judgement is for money claim#18 - Sheriffs dismissed due to failure to perform duty and receiving expense money without prior approval of court and improper receipts#19 - RULE 40review relevance of transmission of records vs perfection of appealRULE 41list in section 1 only exercised by RTC in its original jurisdictioncan't appeal denial of MR, remedy is file relief of judgement(check 39)record of appeal must be approvedlower court may still issue orders as long as they still have the recordsdetermine differences between the different appeals (40,41,42,43,45)#1 - proper remedy was appeal, can't be sub by CA certiorari. Respondent needs to fulfill the obligation since RTC cannot compel bank to pay an unmatured account#2 - RULE 42April 8,2015*last called between Lotilla and Samfile Verified petitionthere is extension of time provided you pay the proper docket fees not exceeding 15 days for compelling reason (attachment can't be given by RTC when went to CA or client was very sick)attach certified duplicate copiesperiod runs from the order of the court to file comment on the petitionpetition can still be given dues course when no comment filedwhen does residual powers work in 41 and 42? (transmittal vs given due course)effect when given due course? stay the judgement except when decided under Summary ProcedureRules do not specify which documents so there could be Substantial Compliance when properRULE 43*last called between Lotilla and Miss Yuclarification on Section 6. Not ALL copies required to be certified true copies, so plain copies is okay since otherwise it puts undue burden (case of BE San Diego)RULE 44(Ordinary Appealed Cases)take note of what you file(brief?), as compared to rule 41(memoranda?)read de leano case explaining subject index etcRULE 45*called between Rap and Marge*First to be called before Matibag then Lim after. Last person called for case: Lotillano more citation of reference unlike in previous (brief) since its already included in the petition. (review section 4)why is MR not required before filing 45 and required before you go to 65 (why? its a plain and speedy remedy)review CGP case#1 - 2 crime charges question of law should be raised in SC#2 - pfrc is proper. CA did not err in fixing just compensation since assessment in RTC was unsubstantiated#3 - the SC may refer cases to CA in its discretionRULE 46no need to comment right away. court will dismiss or order firstRULE 48 *sir has no notes I guess not that important?RULE 49No more hearings for motion as per sec. 3 unlike earlier where its needed within 10 days after filingRULE 51*just readSec. 3 Quorum. 3 judges in a division and if not unanimous special division of 5 formed w/c needs majoritySec. 6.Sec. 8RULE 52Sec. 2. No 2nd MRRULE 53Review when jurisdiction is lost. (filing of petition and expiration of the the period)RULE 56PRELIMINARY ATTACHMENT (57)*memorize all the right for provremResioMatibagMatibagYuMakilanLotillaYuMakilanMejillanoMejillanoMeRapSorianoMatibagTabagSorianoNogNogRapMeResioTabagLotillaobjs: secure potential judgement / converts action into quasi in rem (subsection f)6 - strict grounds (memorize!)manner of attaching - contemporaneous service6 - president and managing agent14 - make affidavit to sheriff. sheriff not bound unless bond was filed*principle that..cannot discharge if ground is the same coa in original case. hence by counter-bond only. dismissal of one is not waiver of the right. mere filing takes place of the bond even w/o affidavits. earlier bond will stay. why? look at objective (orig bond was for damages)*Onate case, implementation without PI (58)before entry of judgement"irreparable judgement" clear and unmistakable rightDifferentiate the periods for TRO (72 hr v 20 days - the process from TROleading to approval of injunction) *summary judgement before granting of 20 day TRO (Borja v Salcedo case explains)*clarification on last day = re 20 day ex parte. You follow the rule. But personally, you can follow the jurisprudence.RECEIVERSHIP (59)grounds (read the only case)what if falls with same grounds in WPA?REPLEVIN (60)conditions of the bond?*Section 5 & 6the 5 days is importantremedy for noncompliance? order of executionSUPPORTits provisional. thus can't be subject to Special Civil Action vs Ordinary = SCA has no COALotillaMigsRapMeResioResioTabagSorianoSorianoMakilanMatibagSamMakilanMatibagMeRapSamTabagMigsLotillaINTERPLEADER (62)DECLARATORY RELIEF and SIMILAR REMEDIES (63)where? RTC. It depends where. Capable of pecuniary estimation?when theres breach already? no point in filing this. there are already other available remediesparagraph 2 is not subject to courts discretion (see sec.5)what if pending the action a breach (on written instrument) happens? convert it into ordinary actionREVIEW OF JUDGEMENT AND FINAL ORDERS OF COMELEC/COA (64)Why differentiate with 65? Unlike 65 where its last resort(or interlocutory orders), you can go straight here after Final judgementCERTIORARI, MANDAMUS, PROHIBITION (65)not an appealdifferences between them is the relief being sought for.when is a respondent exercising judicial fans/quasi-jud? Hears a case before it. Admin fxns in quasi such as receiving evidence etcextension ti file? before yes, now no. but riano mentioned a case that court still has discretionWhere do you file? See Sec. 4See Sec. 5 on parties and dutiesNo Summons here.See Sec. 7. Does it affect proceedings in lower court? No, unless TRO or PI issuedRemedy after case in RTC? Rule 41. (verify this)Prohibitionin Certiorari, there is an act you want to annul or modify. Here, you prohibit the proceeding. You want to stop it.Concerned with judicial/quasi-jud (see Homowners case)Mandamusnature of act required to compel? MinisterialQUO WARRANTO (66)Parties?Venue?Not much. Limited only to elective officials etcEXPROPRIATION (67)Contents of petition?If government already owns the land can it still file?what is just compensation? FMV and consequential benefit (based on the remaining properties) which is subtracted, consequential damages is addedwhen is entry allowed?When is just compensation determined? time of taking or time of filing whichever comes firsthow is it ascertained? (second stage - appointment of commissioners FORECLOSURE (68)(2) typesreview Right of Redemption and Types of foreclosure salesPARTITION (69)look at prohibitionWhere file? Incapable of pecuniary estimation (according to Riano)Record on appeal re stages(70)possession only is importantwhat type of possession?written notice of demand is important in ejectment (contains demand to pay AND vacate)rules governing ejectment? SUMMARYHow do you stay execution?71if against CA or SC? still in the RTCeven if you initiate indirect contempt through a motion, it can still commence as long as the facts/grounds stated therein could've reached the court without anyone reporting it.