40-71 breakdown civpro

7/26/2019 40-71 Breakdown CivPro

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Rule 40 Appeal from MTC to RTC

1. Appeal from judgment or final order of MTC taken to

RTC exercising jurisdiction over the area to which MTC

pertains. File notice of appeal with the MTC which

rendered decision appealed from within 1 da!s afternotice of such judgment.

". Record on appeal is filed within #$ da!s and re%uired

onl! for special proceedings

#. Appellate docket fees paid to clerk of court of MTC &

pa!ment not a condition precedent for perfection of

appeal 'ut must nonetheless 'e paid within the period

for taking appeal(

). *rocedure for appeal from cases dismissed without trialfor lack of jurisdiction+

1. ,f affirmed 'ecause the MTC has no jurisdiction- RTC

will tr! case on the merits as if it has original

jurisdiction(

". ,f reversed- the case shall 'e remanded to the MTC(

#. ,f the first level court tried the case on the merits

without jurisdiction- the RTC should not dismiss the case

'ut shall decide it in the exercise of original

jurisdiction.

Rule 41 Appeal from the RTC

1. Appeal ma! 'e taken from a judgment or final

that completel! disposes of the case or of a pamatter therein.

". o appeal ma! 'e taken from+

1. /rder den!ing a motion for new trial or recon(

". /rder den!ing a petition for relief or an! simil

seeking relief from judgment(

#. ,nterlocutor! order(

). /rder disallowing or dismissing an appeal(

. /rder den!ing a motion to set aside a judgmeconsent- confession- compromise on the ground

fraud- mistake- or duress- or an! other ground

consent(

0. /rder of execution(

ot appeala'le 'ecause execution is onl! the r

the judgment. ,f order of execution is not in acc


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the dispositive portion- remed! is certiorari under Rule

0.

2. 3udgment or final order for or against one or more of

several parties or in separate claims- while the main

case is pending- unless the court allows an appeal

therefrom(

4. /rder dismissing an action without prejudice(

,n all these cases- aggrieved part! ma! file an

appropriate civil action under Rule 0.

1. /rdinar! appeal from RTC 5in the exercise of original

jurisdiction6 to CA is '! filing notice of appeal with theRTC within 1 da!s from notice of its judgment. Record

on appeal re%uired onl! for special proceedings and

where multiple appeals allowed filed within #$ da!s.

". Motion for extension of time to file a motion for new

trial or reconsideration is prohi'ited.

#. Contents of otice on appeal+

1. ames of the parties to the appeal(

". 7pecif! judgment or final order or part thereo

appealed from(

#. Court to which the appeal is 'eing taken(

). Material dates showing timeliness of appeal(

0. Contents of Record on appeal+

1. Full names of all parties to the proceedings sh

stated in the caption(

". ,nclude judgment or final order from which ap

taken(

#. ,n chronological order- copies of onl! such plea

petitions- etc. and all interlocutor! orders as a

to the appealed judgment(). 8ata showing that appeal perfected in time & m

data rule(

. ,f an issue of fact is to 'e raised- include '! re

all the evidence- oral or documentar!- taken up

issues involved.

2. Appeal from decision of RTC in appellate juri

is '! petition for review filed with CA.


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4. 9here onl! %uestions of law are raised- '! petition

for review on certiorari with 7C.

:. otice of Appeal and Record of Appeal distinguished+

Notice of Appeal Record of Appeal

*art!;s appeal '! notice ofappeal deemed perfected asto him upon the filing of thenotice of appeal in due time

8eemed perfected as toappellant with respect to thesu'ject matter upon theapproval of the record onappeal filed in due time

Court loses jurisdiction overcase upon perfection of theappeals filed in due time andexpiration of time to appealof other parties

Court loses jurisdiction onl!over su'ject matter upon

approval of records on appealfiled in due time andexpiration of the time toappeal of other parties.

1$. Failure to pa! appellate docket fees within the

reglamentar! period is ground for dismissal of appeal.

11. xecutions pending appeal

c. Cases covered '! 7ummar! *rocedure

Rule 42 - Petition for Review from the RTC to

1. 1. Form and contents of petition for review

RTC to CA6

,n 2 legi'le copies+

1. Full names of parties to case- without implead

lower courts or judges thereof(

". ,ndicate specific material dates showing it wa

time(

#. Concise statement of matters involved- issues

specification of errors of fact or law- or 'oth al


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committed '! the RTC- and the reasons or arguments

relied upon for the allowance of the appeal(

). Accompanied '! clearl! legi'le duplicate originals or

true copies of the judgments or final order of 'oth MTC

and RTC(. Certification under oath of non=forum shopping.

1. ". Contents of comment

,n 2 legi'le copies- accompanied '! certified true copies

of material portions of record and other supporting

papers+

1. 7tate whether or not appellee accepts the statement of

matters involved in the petition(

". *oint out such insufficiencies or inaccuracies as he

'elieves exists in petitioner;s statement of matters(

#. 7tate reasons wh! petition should not 'e give due

course.

#. CA ma!+

1. Re%uire respondent to file a comment( or

". 8ismiss the petition if it finds+

1. *atentl! without merit

". *rosecuted manifestl! for dela!

#. ?uestions raised are to insu'stantial to re%uir

considerationRule 43 Appeal from the CTA and !uai-"u

A#encie to the CA

1. 1. Appeals from judgments and final orders o

Court of Tax Appeals and %uasi=judicial agencie

exercise of %uasi=judicial functions 5unless othe

provided '! law and the @a'or Code @RC dec

shall 'e '! petition for review to the CA- to 'e

within 1 da!s from notice of award or judgmefrom notice of the denial of the motion for

reconsideration. /nl! 1 Motion for reconsiderat

allowed

". ". ?uasi=judicial agencies covered+

1. Civil 7ervice Commission(

". Central oard of Assessment Appeals(

#. 7ecurities and >xchange Commission(


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). /ffice of the *resident(

. @and Registration Authorit!(

0. 7ocial 7ecurit! Commission(

2. Civil Aeronautics oard(

4. ureau of *atents- Trademarks and Technolog!Transfer(

:. ational >lectrification Administration(

1$. >nerg! Regulator! oard(

11.ational Telecommunications Commission(

1".8epartment of Agrarian Reform under RA o. 002(

1#.mplo!ees Compensation Commission(

1.Agricultural ,nventions oard(10. ,nsurance Commission(

12.Construction ,ndustr! Ar'itration Commission(

14.Doluntar! ar'itrators

St. Martins Funeral Home vs. NLRC& 8>C,7,/7 /F

TE> @RC & /R,RT,/RAR, 8>R

R@> 0 F,@>8 9,TE TE> CA- /T 7C

Fabian vs. Desierto& Appeals from decisions o

/ffice of the /m'udsman in administrative disci

cases should 'e taken to the CA under Rule )#.

G According to A.M. no. ::="=$"=7C

5promulgateFe'ruar! :- 1:::6- an! appeal '! w

petition for review from a decision- final resolut

order of the /m'udsman- or special civil action

to such decision- filed with the 7C after March 1

shall no longer 'e referred to the CA- 'ut shall

'e ismisse.

Rule 4$ Appeal %& Certiorari to the 'upreme

1. ?uestion of @aw & exists when dou't or diffe

arises as to what the law is- 'ased on a certain s

facts

?uestion of Fact & exists when dou't or differen

as to the truth or the falsehood of alleged facts

". Findings of fact of the CA ma! 'e reviewed '

on appeal '! certiorari when+


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1. The conclusion is a finding grounded entirel! on

speculations- surmises- or conjectures(

". The inference made is manifestl! mistaken- a'surd- or

impossi'le(

#. There is grave a'use of discretion(). The judgment is 'ased on misapprehension of facts(

. Findings of fact of trial court and CA are conflicting(

0. The CA- in making its findings- went 'e!ond the issues

of the case and the same is contrar! to the admissions

made(

2. CA manifestl! overlooked certain relevant facts not

disputed '! the parties and which- if properl!

considered- would justif! a different conclusion.

#. Certiorari as mode of appeal+

From judgment or final order of the CA- 7andigan'a!an-

RTC on pure %uestions of law- or other courts whenever

authoriHed '! law- '! filing a petition for review on

certiorari with the 7C within 1 da!s from notice of

judgment.

). Rule ) and Rule 0 distinguished+

Rule 4$ Rule ($

o need for Motion for Recon

Motion for Recon

re%uired

Relates to final judgments

Applies to interloorders rendered iexcessIlack of jur

An appealot an appeal in tsense

1 da!s from notice ofjudgment

0$ da!s from notijudgment

!"o vs. Camac"o+ An RTC judge has no right t

disapprove a notice of appeal on the ground that

issues raised involve a pure %uestion of law- and

mode of appeal is erroneous. That is the prerog

the CA- not the RTC judge. A notice of appeal n

'e approved '! the judge- unlike a record on ap

Rule 4) Annulment of "ud#ment or *inal +rd

Reolution


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1. xtrinsic fraud & not availa'le as a ground if availed of

earlier in a motion for new trial or petition for relief

". @ack of jurisdiction.

#. *eriods+

1. For extrinsic fraud & four !ears from discover!(

". @ack of jurisdiction & must 'e filed 'efore action 'arred'! laches.

). >ffects of judgment of annulment & gives the CA

authorit! to order the trial court on motion to tr! the

case if the ground for annulment is extrinsic fraud- 'ut

not if it is lack of jurisdiction.

*rescriptive period for refiling the original acti

suspended unless the extrinsic fraud is attri'uta

the plaintiff in the original action.

Rule $0 - ,imial of Appeal1. 1.


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2. Failure of the appellant to take necessar! steps for the

completion or correction of the record within the time

limited '! the order(

4. Failure of appellant to appear at the preliminar!

conference or to compl! with orders- circulars- ordirectives of the court without justifia'le cause

:. 3udgment or order appealed from is not appeala'le.

Rule $1 "ud#ment

1. Memorandum decisions are permitted in the CA.

". After judgment or final resolution of the CA anddissenting or separate opinions if an!- are signed '! the

3ustices taking part- the! shall 'e delivered for filing to

the clerk who shall indicate thereon the date of

promulgation and cause true copies to 'e served upon

parties or counsel.

#. 8ate when judgment or final resolution 'ecomes

executor! shall 'e deemed as date of entr!.

R./ $( Procedure in the 'upreme Cou

1. 1. /riginal cases cogniHa'le & exclusive list+

1. *etitions for certiorari- prohi'ition- mandamu

$arranto% "abeas corpus(

". 8isciplinar! proceedings against judges and at#. Cases affecting am'assadors- other pu'lic min

and consuls.

". An appeal to 7C can onl! 'e taken '! petitio

review on certiorari- exceptin criminal cases wh

penalt! imposed is death- reclusion perpetua% o

imprisonment.

#.


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. Failure to compl! with an! circular- directive or order

of the 7C without justifia'le cause(

0. >rror in choice or mode of appeal

2. Case is not appeala'le to the 7C.

1. 8iscretionar! upon 7C 5and CA6 to call for preliminar!conference similar to pre=trial.

".


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". Ma! 'e resorted to even if the personal propert! is in

the custod! of a third person(

#. >xtends to all kinds of propert!- real or personal or

incorporeal(

). To recover possession of personal propert! unjustl!detained- presupposes that the same is 'eing concealed-

removed- or disposed of to prevent its 'eing found or

taken '! the applicant(

. Can still 'e resorted to even if the propert! is

in custoia legis- as long as the propert! 'elongs to the

defendant- or is one in which he has proprietar!

interests- A8 with permission of the court

". /F *R,/R /R C/T>M*/RARJ

3R,78,CT,/+


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>nforcement of writ of preliminar! attachment must 'e

preceded '! or simultaneousl! accompanied '! service

of summons- cop! of complaint- application and

affidavits for the attachment and the 'ond upon the

adverse part!( T the re%uirement of prior orcontemporaneous service of summons shall not appl!

where the summons could not 'e served despite diligent

efforts- or the defendant is a resident of the *hils

temporaril! a'sent therefrom- or the defendant is a non=

resident of the *hils or the action is in rem or #uasi in

rem.

1. ). 9hen preliminar! attachment is discharged1. a. 8e'tor posts a counter'ond or makes

re%uisite cash deposit= if attachment to 'e

discharged is with respect to particular propert!-

counter'ond or deposit shall 'e e%ual to the value

of the propert! as determined '! the court( in all

other cases- amount of counter'ond should 'e

e%ual to the amount fixed in the order of

attachment.

CA7E 8>*/7,T /R C/T>R/8 7EA@@ 7>C

*AJM>T /F AJ 38T TEAT ATTACE,< *A

R>C/D>R

1. '. Applicant;s 'ond is insufficient or su

to justif!(

". c. Attachment was improperl! or irregu

issued(

#. d. *ropert! attached is exempt from ex

). e. 3udgment is rendered against attach

part!(

. f. Attachment is excessive & discharge

respect to the excess

. Application for discharge ma! onl! 'e filed w

court where the action is pending and ma! 'e fil

'efore enforcement of the writ so long as there

an order of attachment.

0. 9hen to appl! for damages against the attac

'ond


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1. efore trial(

". efore appeal perfected(

#. efore judgment 'ecomes executor!(

). ,n the appellate court for damages pending appeal-

'efore judgment 'ecomes executor!.1. 2. 9hen judgment 'ecomes executor!- sureties on

counter'ond to lift attachment are charged and can 'e

held lia'le for the amount of judgment and costs upon

notice and summar! hearing. There is no need to first

execute judgment against the judgment o'ligor 'efore

proceeding against sureties.

". 4. Claims for damages cannot 'e su'ject of

independent action except+1. a. 9hen principal case is dismissed '! the

trial court for lack of jurisdiction without giving the

claiming part! opportunit! to prove claim for

damages(

". '. 9hen damages sustained '! a third

person not a part! to the action.

Rule $ Preliminar& nunction

1. 1. *reliminar! injunction distinguished from

*rohi'ition

Preliminar& nunction *rohi'ition


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". The commission of acts or non=performance during

pendenc! of litigation would pro'a'l! work injustice to

the plaintiff(

#. 8efendant is doing or a'out to do an act violating

plaintiff;s rights respecting the su'ject of the action andtending to render judgment ineffectual.

#. ,njunction ma! 'e refused or dissolved when+

1. Complaint is insufficient(

". 8efendant is permitted to post a counter'ond it

appearing that he would sustain great and irrepara'le

injur! if injunction granted or continued while plaintiff

can 'e full! compensated(#. *laintiff;s 'ond is insufficient or defective

). o *reliminar! ,njunction or TR/ ma! 'e issued

without posting of 'ond and notice to adverse part! and

hearing.

. *R,C,*@> /F *R,/R /R C/T>M*/RARJ

3R,78,CT,/+

9hen an application for a writ of preliminar!

injunction or a temporar! restraining order is inc

a complaint or an! initiator! pleading- the case-

in a multiple=sala court- shall 'e raffled onl! aft

/T,C> to and , TE> *R>7>C> of the adverse pthe person to 'e enjoined. ,n an! event- such n

shall 'e preceded- or contemporaneousl! accom

'! service of summons- together with a cop! of t

complaint and the applicant;s affidavit and 'ond

the adverse part! in the *hils( T the re%uirem

prior or contemporaneous service of summons sh

appl! where the summons could not 'e served ddiligent efforts- or the defendant is a resident of

*hils temporaril! a'sent therefrom- or the defen

non=resident of the *hils

Di&&erence $it" principle in preliminar' attac

,n attachment- the principle applies onl! in the

implementation of the writ- while in application


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injunction or TR/- this principle applies 'efore the raffle

and issuance of the writs or TR/.

0. TR/ good for onl! "$ da!s from service( 0$ da!s for

CA( until further orders from 7C.

2. TR/ can 'e issued ex parteonl! if matter of grave

urgenc! and plaintiff will suffer grave injustice and

irrepara'le injur!.


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". Adverse part! files sufficient 'ond for damages(

#. Applicant or receiver;s 'ond is insufficient.

#. oth the applicant for the receivership and the

receiver appointed must file separate 'onds.

). ,n claims against the 'ond- it shall 'e filed-

ascertained and granted under the same procedure as

7ection "$- Rule 2- whether is 'e damages against the

applicant;s 'ond for the unlawful appointment of the

receiver or for enforcing the lia'ilit! of the sureties of

the receiver;s 'ond '! reason of the receiver;s

management 5in the latter case- no longer need to file a

separate action6.

Rule (0 Replevin

1. 1. Replevin

". ". 8efendant entitled to return of propert! taken

under writ if+

1. Availa'le onl! where the principal relief sough

action is the recover! of possession of personal

propert!(

". Can 'e sought onl! where the defendant is in

actual or constructive possession of the personpropert! involved.

#. >xtends onl! to personal propert! capa'le of m

deliver!(

). Availa'le to recover personal propert! even if

is /T 'eing concealed- removed- or disposed o

. Cannot 'e availed of if propert! is in custoia

where is it under attachment- or was seiHed un

search warrant or distrained for tax assessmen1. Ee seasona'l! posts redeliver! 'ond

". *laintiff;s 'ond is insufficient or defective

#. *ropert! is not delivered to plaintiff for an! re

Replevin 'ond is onl! intended to indemnif! de

against an! loss that he ma! suffer '! 'eing com

to surrender the possession of the disputed prop

pending trial of the action. Thus- suret! not lia'


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pa!ment of judgment for damages rendered against

plaintiff on a counterclaim for punitive damages for

fraudulent or wrongful acts committed '! the plaintiffs

which are unconnected with the defendant;s deprivation

of possession '! the plaintiff.

'pecial Civil Action

1. T!pes of 7pecial Civil Actions

1. Mandamus

". ,nterpleader

#. Certiorari

). Contempt. *rohi'ition

0. >minent 8omain

2. 8eclarator! Relief

4. ?uo warranto

:. *artition of real estate

1$. Foreclosure of mortgage

11.nlawful detainer

1". Forci'le >ntr!

Rule (2 nterpleader

1. ,nterpleader

1. /riginal action

". *resupposes that the plaintiff has no interest

su'ject matter of the action or has an interest

which- in whole or part- is not disputed '! the

parties to the action(

#. Complaint in interpleader must 'e answered 1

from service of summons.

Rule (3 ,eclarator& Relief and 'imilar Rem

1. Re%uisites for action for declarator! relief+

1. 7u'ject matter of controvers! is a deed- will-

or other written instrument- statute- executive

regulation- or ordinance(


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Court ma! refuse to adjudicate where decision would

not terminate the uncertaint! or controvers! which gave

rise to the action /R where the declaration is not

necessar! and proper at the time(

". Terms and validit! thereof are dou'tful and re%uire

judicial construction(

#. o 'reach of the document- otherwise ordinar! civil

action is the remed!(

Must 'e 'efore 'reach is committed- as in the case

where the petitioner paid under protest the fees

imposed '! an ordinance. 8eclarator! relief still proper

'ecause the applica'ilit! of the ordinance to future

transactions still remains to 'e resolved- although the

matter could 'e threshed out in an ordinar! suit for the

recover! of the fees paid.

). There is an actual justicia'le controvers! 'etween

persons whose interests are adverse(

. The same is ripe for adjudication(

0. Ade%uate relief is not availa'le through other

other forms of action or proceeding.

Rule (4 Review of "ud#ment and *inal +r

Reolution of the Commiion on /lection a

Commiion on Audit

For petition for review of judgments and final

of the C/M>@>C and C/A & period to file is #$ da

counted from notice of the judgment or final ord

resolution sought to 'e reviewed and not from th

receipt of the denial of the Motion for Reconside

the period to file petition is merel! interrupted

filing of the Motion for Reconsideration and cont

run again for the remaining period $"ic" s"all n

less t"an * a's &rom notice o& enial.

Rule ($ Certiorari Prohi%ition and Manda

1. 1. Certiorari

1. *urpose & to correct an act performed '! resp


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". Act sought to 'e controlled & discretionar! acts(

#. Respondent & one who exercises judicial functions and

acted with grave a'use of discretion or in lack or excess

of jurisdiction.

).


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their appeal would not constitute a plain- speed! and

ade%uate remed!- the! did not see fit to withdraw or

a'andon said appeal after filing the petition. Thus- 'oth

the CA and 7C are reviewing the same decision of the

RTC at the same time. 7uch a situation would lead toa'surdit! and confusion in the ultimate disposition of the

case.

1. ". *rohi'ition

". #. Mandamus

#. ). 9hen 7C allows the writ of certiorari even when

appeal is availa'le and proper+

). . Cases where Motion for Reconsideration is /Tcondition precedent for certiorari+

1. 0. The period for filing an! of the # actions is

not later than 0$ da!s from notice of judgment-

order- or resolution sought to 'e reviewed.

1. *urpose & to prevent the commission or carr!ing out of

an act(

". Act sought to 'e controlled & discretionar! and

ministerial acts(

#. Respondent & one who exercises judicial or no

functions.

1. *urpose & to compel the performance of the a

desired(

". Act sought to 'e controlled & ministerial act(

#. Respondent & one who performs judicial or non

functions.

1. Appeal does not constitute a speed! and ade%

remed!(

". /rders were issued either in excess of or with

jurisdiction(#. For certain special considerations- such as pu'

welfare or polic!(

). 9here in criminal actions- the court rejects re

evidence for the prosecution- as in ac%uittal(

. 9here the order is a patent nullit!(

0. 9here the decision in the certiorari case will a

future litigation.


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1. /rder is a patent nullit!(

". ?uestions raised in the certiorari proceeding were dul!

raised and passed upon '! the lower court- or are the

same as those raised and passed upon in the lower

court(

#. rgent necessit! for the resolution of the %uestion and

an! further dela! would prejudice the interests of the

government(

). nder the circumstances- a motion for recon would 'e

useless(

. *etitioner was deprived of due process and there is

extreme urgenc! for relief(

0. 9here in a criminal case- relief from order or arrest is

urgent and the granting of such relief '! the trial court

is impro'a'le(

2. *roceedings in the lower court are null for lack of due

process(

4. *roceeding was ex parteor in which petitioner had no

opportunit! to o'ject(

:. ,ssue raised is one purel! of law or where pu'

interest is involved.

,n case a motion for reconsideration or new tr

timel! filed- whether such motion is re%uired or

0$=da! period shall 'e counted from noticeof th

of said motion. 57C Circular 0=

"$$$- e&&ective7eptem'er 1- "$$$6

o extension of time to file the petition sha

granted exceptfor compelling reason and in no c

exceeding 1 da!s. 57C Circular 0="$$$6

Rule (( !uo 5arranto

1. 1. ?uo 9arranto distinguished from >lection

-uo arranto

>lection Co

asis is that occupant is Challenge rights o


21/23

dis%ualified from holding

office '! reason of

ineligi'ilit! or dislo!alt!

to hold office on the ground

of irregularities in the

conduct of the election

,f successful- respondent is

ousted 'ut petitioner shallnot automaticall! assume the

office vacated

7uccessful protestant will

assume office if he hado'tained pluralit! of valid

votes

Rule 02 >xpropriation

1. ,n expropriation- the complaint must 'e verified.

". The defendant can onl! file an answer instead of a

motion to dismiss

1. The final order of expropriation is appeala'le- 'ut

the lower court ma! determine the just

compensation to 'e paid.

The power of eminent domain is exercised '! the filing

of a complaint which shall join as defendants all persons

owning or claiming to own- or occup!ing- an! part! of

the expropriated land or interest therein. ,f a k

owner is not joined as defendant- he is entitled

intervene in the proceedings( or if he is joined '

served with process and the proceeding is alread

'efore he came to know of the condemnation- hmaintain an independent suit for damages.

Rule )0 *orci%le /ntr& and nlawful ,eta

1. 1. Forci'le entr! distinguished from nlawfu

detainer

Forci'le entr! nlawful de

*ossession of land is unlawful

from the 'eginning due to

force- intimidation- threat-

strateg! or stealth

*ossession of defe

inceptivel! lawfu

'ecomes illegal '

termination of rig

possession

o re%uirement of previous 8emand is jurisdi


22/23

demand for defendant to

vacate premises

*laintiff must prove that he

was in prior ph!sical

possession until he wasdeprived thereof '!

defendant

*laintiff need not have 'een

in prior ph!sical possession

1=!ear period counted from

date of actual entr! or when

plaintiff learned thereof.

1=!ear period from date of

last demand

". 9hen prior demand in unlawful detainer actions notre%uired(

1. 9hen purpose of action is to terminate lease 'ecause

of expir! of term and not 'ecause of failure to pa!

rental or to compl! with terms of lease contract(

". *urpose of suit is not for ejectment 'ut for

enforcement of terms of contract(

#. 9hen defendant is not a tenant 'ut a pure int

,n all other cases- there must 'e a demand+

1. To pa! or to compl! with the conditions of the

A8". To vacate '! written notice on the person in t

premises or '! posting such notice on the prem

person is found thereon and this is a condition

precedent to the filing of the case( /RA@ dema

permitted.

1. ,f demand is in the alternative 5pa! /R v

this is /T the demand contemplated '! t

#. 9hen the defendant raises the issue of owne

his pleadings and the %uestion of possession cann

resolved without deciding the issue of ownership

latter issue shall 'e resolved onl! to determine t

of possession.


23/23

A forci'le entr!Iunlawful detainer action has an

entirel! different su'ject matter from that of an action

for reconve!ance. The former involves material

possession- and the latter- ownership. Thus- the

pendenc! of an action for reconve!ance does not divestthe MTC of its jurisdiction over an action for F>I8- nor

will it preclude execution of judgment in the ejectment

case where the onl! issue involved is material

possession.

Rule )1 Contempt

1. 1. Criminal contempt

". ". Civil Contempt

#. #. 8irect Contempt 5contempt in&acie curiae6

). ). ,ndirect Contempt

1. *urpose is to vindicate pu'lic authorit!(

". Conduct directed against the dignit! or authorit! of the

court.

1. *urpose is to protect and enforce civil rights a

remedies for the litigants(

". Failure to do something ordered '! the court f

'enefit of a part!.

1. Committed in the presence of or so near a cou

judge(

". *unished summaril! without hearing(

#. o appeal ma! 'e taken 'ut the part! adjudge

contempt ma! avail himself of actions of certio

prohi'ition which shall sta! the execution of th

judgment- provided a 'ond fixed '! the court i

1. ot committed in the presence of the court(

". *unished onl! after hearing & complaint in wri

motion or part! or order of court re%uiring pers

appear and explain- opportunit! to appear and

cause.

40-71 breakdown civpro

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