RULE 57 58 65 67 68 70 71 RULE 67 What is expropriation? A: The procedure for enforcing the right of eminent domain.

Q: What are the requisites of a valid expropriation A: 1. Due process of law 2. Payment of just compensation 3. Taking must be for public use Q: What is the power of eminent domain? A: It is the right of the State to acquire private property for public use upon the payment of just compensation. Q: When is expropriation proper? A: It is proper only when the owner refuses to sell or, if the latter agrees, agreement as to the price cannot be reached. What are the two (2) stages in expropriation proceedings? A: 1. Determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of the exercise in the context of the facts involved. 2. Determination of just compensation. What is the new system of immediate payment of initial compensation? A: RA 8974 provides a modification of sec 2, Rule 67 where the Government is required to make immediate and direct payment to the property owner upon the filing of the complaint to be entitled to a writ of possession. As a relevant standard for initial compensation, the market value for the property as stated in the tax declaration or the current relevant zonal valuation of the Bureau of internal Revenue (BIR), whichever is higher and the value of the improvements and/or structures using the replacement cost method. Note: RA 8974 applies in instances when the national government expropriates property for national government infrastructure projects. Thus, if expropriation is engaged by the national government for purposes other that national infrastructure projects, the assessed value standard and the deposit mode prescribed in Rule 67 continues to apply. The intent of RA 8974 to supersede the system of deposit under Rule 67 with the scheme of immediate payment in cases involving national government infrastructure projects is indeed very clear (MCWD v. J. King and Sons, GR 175983, April 16, 2009) What is just compensation?

A: Just compensation is equivalent to the fair market value of the property at the time of its taking or filing of complaint whichever comes first. It is the fair and full equivalent for the loss sustained by the defendant. Q: What is the formula for the determination of just compensation? A: JC = FMV + CD CB If CB is more than CD then, JC = FMV JC Just compensation FMV Fair market value CD Consequential damages CB Consequential benefits Note:Sentimental value is not computed. Q: What is the reckoning point for determining just compensation? A:The value of just compensation shall be determined as of the date of the taking of the property or the filing of the complaint, whichever came first. (Sec. 4) GR: When the taking of the property sought to be expropriated coincides with the commencement of the expropriation proceedings, or takes place subsequent to the filing of the complaint for eminent domain, the just compensation should be determined as of the date of the filing of the complaint. (City of Iloilo v. Hon. Lolita Contreras-Besana, G.R. No. 168967, Feb. 12, 2010). May the court dispense with the assistance of commissioners in the determination of just compensation in expropriation proceedings? A: No. The appointment of commissioners in expropriation proceedings is indispensable. In such cases, trial with the aid of commissioners is a substantial right that may not be done away with capriciously or for no reason at all (MERALCO v. Pineda, G.R. No. L-59791, Feb. 13, 1992). When may the court appoint a commissioner in expropriation proceedings? A: Upon the rendition of the order of expropriation, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken. The order of

appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court ( Sec. 5, Rule 67). What are the rights of the plaintiff after payment? A: After payment of just compensation, as determined in the judgment, the plaintiff shall have the right to enter upon the property expropriated and to appropriate the same for the public use or purpose defined in the judgment or to retain possession already previously made in accordance with Sec 2, Rule 67. What is judgment on foreclosure? A: It is the judgment of the court ordering the debtor to pay within a period not less than 90 days nor more than 120 days from the entry of judgment after ascertaining the amount due to the plaintiff (Sec. 2, Rule 68). What is the effect of confirmation of the sale? A: It shall divest the rights in the property of all the parties to the action and shall vest their rights in the purchaser, subject to such rights of redemption as may be allowed by law (Sec 3, Rule 68)

RULE 70 FORCIBLE ENTRY AND UNLAWFUL DETAINER What is forcible entry? A: It is entry effected by force, intimidation, threat, strategy, or stealth; the action is to recover possession founded upon illegal possession from the beginning. What are the requisites of a valid forcible entry? A: 1. A person is deprived of possession of any land or building by force, intimidation, threat, strategy, or stealth; and 2. Action is brought within 1 year from the unlawful deprivation. (Sec. 1) What are the questions to be resolved in an action for forcible entry? A: 1. Who has actual possession over the real property; 2. Was the possessor ousted therefrom within one year from the filing of the complaint by force, intimidation, strategy, threat or stealth; and 3. Does the plaintiff ask for the restoration of his possession (Dizon v. Concina, G.R. No. 23756, Dec. 27, 1969) What is unlawful detainer? It is unlawful detention by a person who has acquired possession rightfully, but who detains the property after the right to keep possession has ended. What are the requisites of a valid unlawful detainer? A: 1. Possession of any land or building is unlawfully withheld from a lessor, vendor, vendee, or other person after the expiration or termination of the right to hold possession by virtue of any contract express or implied; 2. Action is brought within 1 year after such unlawful deprivation or withholding of possession; and 3. Demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee. (Sec. 1)

Distinguish forcible entry from unlawful detainer. A: Forcible Entry (Detentaci on) Possession of the land by the defendant is unlawful from the beginning as he acquires possession by Unlawful Detainer (Desahucio ) Possession is inceptively lawful but it becomes illegal by reason of the termination of his right to

force, intimidation , strategy, threat or stealth.

the possession of the property under his contract with the plaintiff. No previous Demand is demand for jurisdiction the al if the defendant ground is to vacate nonthe payment of premises is rentals or necessary. failure to comply with the lease contract. The plaintiff The plaintiff must prove need not that he was have been in prior in prior physical physical possession possession. of the premises until he was deprived thereof by the defendant. The 1 year Period is period is counted generally from the counted date of last from the demand or date of last letter actual entry of demand on the land.

Q: What are the possessory actions on real property? A: Accion Interdictal Summary action for the recovery of physical possession where the dispossession has not lasted for more than 1 year. All cases of forcible entry and unlawful detainer irrespective of the amount of damages or unpaid rentals sought to be recovered should be brought to the MTC. Accion Publiciana A plenary action for the recovery of the real right of possession when the dispossession has lasted for more than 1 year. RTC has jurisdiction if the value of the property exceeds P20,000 or P50,000 in Metro Manila. MTC has jurisdiction if the value of the property does not exceed the above amounts. Accion Reinvindica toria An action for the recovery of ownership, which necessarily includes the recovery of possession.

RTC has jurisdiction if the value of the property exceeds P20,000 or P50,000 in Metro Manila. MTC has jurisdiction if the value of the property does not exceed the above amounts.

Who may institute the action? A: Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs (Sec. 1, Rule 70). g. WHEN DEMAND IS NECESSARY Q: When is demand necessary? A: Unless there exists a stipulation to the contrary, an unlawful detainer case shall be commenced only after the demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee (Sec. 2). The requirement for a demand implies that the mere failure of the occupant to pay rentals or his failure to comply with the conditions of the lease does not ipso facto render his possession of the premises unlawful. It is the failure to comply with the demand that vests upon the lessor a cause of action. What is the nature of an action for forcible entry and unlawful detainer? A: Forcible entry and unlawful detainer actions are summary in nature designed to provide for an expeditious means of protecting actual possession or the right to possession of the property involved (Tubiano vs. Riazo, 335 SCRA 531). These action shall both fall under the coverage of the Rules of Summary Procedure irrespective of the amount of damages or unpaid rental sought to be recovered (Sec. 3, Rule 70). What are the prohibited pleadings and motion under Rule 70? A: Prohibited pleadings and motions: 1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, or failure to comply with section 12; 2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; 4. Petition for relief from judgment; 5. Motion for extension of time to file pleadings, affidavits or any other paper; 6. Memoranda; 7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; 8. Motion to declare the defendant in default; 9. Dilatory motions for postponement; 10. Reply; 11. Third-party complaints; 12. Interventions 13. CONTEMPT What is contempt? A: It is a defiance of the authority, justice or dignity of the court; such conduct as tends to bring the authority and administration of the law into disrespect or to interfere with, or prejudice litigant or their witnesses during litigation (Halili v. CIR, G.R. No. L-24864, Nov. 19, 1985) What is the nature of contempt power? A: The power to punish for contempt is inherent in all courts; its existence is essential to the preservation of order in judicial proceedings and to the enforcement of judgments, orders and mandates of the courts, and, consequently, to the due administration of justice. What is the purpose of the power to contempt? A: The reason for the power to punish for contempt is that respect of the courts guarantees the stability of their institution. Without such guarantee, said institution would be resting on shaky foundation (Cornejovs.Tan, 85 Phil. 772).

What are the kinds of contempt? A: 1. Direct or indirect, according to the manner of commission. 2. Civil or Criminal, depending on the nature and effect of the contemptuous act. What are the grounds of contempt? A: 1. Direct contempt a. Misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings b. Disrespect towards the court c. Offensive personalities toward others; or d. Refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so (Sec. 1) 2. Indirect contempt a. Misbehavior of an officer of a court in the performance of his official duties or in his official transactions; b. Abuse or any unlawful interference with the proceedings not constituting direct contempt. c. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court or unauthorized intrusion to any real property after being ejected. d. Failure to obey a subpoena duly served. e. Assuming to be an attorney or an officer of the court without authority. f. Rescue or attempted rescue, of a person or property in the custody of an officer. g. Any improper conduct tending to degrade the administration of justice (Sec. 3) Direct Contempt Committed in the presence of or so near a court. Summary in nature Indirect Contempt Not committed in the presence of the court. Punished after being charged and heard

If committed against: 1. RTC fine not exceeding P2,000 or imprisonment not exceeding 10 days or both. 2. MTC fine not exceeding P200 or imprisonment not exceeding 1 day, or both.

IF COMMITTED AGAINST: 1. RTC FINE NOT EXCEEDING P30,000 OR IMPRISONMENT NOT EXCEEDING 6 MONTHS OR BOTH 2. MTC fine not exceeding P5,000 or imprisonment not exceeding 1 month or both Remedy: Appeal (by notice of appeal) Constructive contempt

Remedy:Certiorari or prohibition Contempt in facie curiae

How may an action for indirect contempt be commenced? A: 1. By order or other formal charge by the court requiring the respondent to show cause why he should not be punished for contempt (motuproprio); or 2. By a verified petition with supporting particulars and certified true copies of the necessary documents and papers (independent action) (Sec. 4). What are the procedural requisites before the accused may be punished for indirect contempt? A: 1. A charge in writing to be filed; 2. An opportunity for the person charged to appear and explain his conduct; and 3. To be heard by himself or counsel. (Regalado v. Go, G.R. No. 167988, Feb. 6, 2007) What are the acts which are deemed punishable as indirect contempt? A:After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt: 1. Misbehavior an officer of a court in the performance of his official duties or in his official transactions; 2. Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto;

3. Any abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule; 4. Any improper conduct tendinG directly or indirectly, to impede, obstruct, or degrade the administration of justice; 5. Assuming to be an attorney or an officer of a court, and acting as such without authority; 6. Failure to obey a subpoena duly served; 7. The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by him (Sec. 3).

RULE 68 FORECLOSURE OF REAL ESTATE MORTGAGE What is foreclosure of Real Estate Mortgage (REM)? A: It is the remedy used for the satisfaction of any monetary obligation, which a person owes to another, by proceeding against the property used to secure said obligation It is commenced by a complaint setting forth the date and due execution of the mortgage; the names and residences of the mortgagor and the mortgagee; a description of the mortgaged property; date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon; and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage (Sec. 1). What is judgment on foreclosure? A: It is the judgment of the court ordering the debtor to pay within a period not less than 90 days nor more than 120 days from the entry of judgment after ascertaining the amount due to the plaintiff (Sec. 2, Rule 68). What is foreclosure sale? A: When the defendant fails to pay the amount of the judgment within the period specified therein, the court, upon motion, shall order the property to be sold in the manner and under the provisions of Rule 39 and other regulations governing sales of real estate under executions (Sec.3, Rule 68). When is the sale of mortgaged property proper and how must it be brought about? A: if the mortgagor fails to pay the sum due within the period (90120 days) stated by the court in its judgment, it would be good practice for the mortgagee to file a motion for the sale of the mortgaged property because under the Rules, the court shall order the sale of the property only upon motion of the mortgagee (sec 3, rule 68) How is the disposition of the proceeds of the sale done? A: The proceeds of the sale of the mortgaged property shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when there shall be any balance or residue after paying off the mortgage debt due, the same shall be paid to junior encumbrances in the order of their priority. If there be any

further balance after paying them or if there be no junior encumbrances, the same shall be paid to the mortgagor or any person entitled thereto (Sec. 4) What claims shall be satisfied from the proceeds of the public sale of the mortgaged property (in order)?

A: 1. Costs incurred in the sale of property; 2. Claim of the person foreclosing the property; 3. Claims of junior encumbrancers in the order of their priority; 4. Residue goes to the mortgagor or his authorized agent, or any other person entitled to it. What is deficiency judgment? A: It is the judgment rendered by the court holding the defendant liable for any unpaid balance due to the mortgagee if the proceeds from the foreclosure sale do not satisfy the entire debt. Q: What are the instances when the court cannot render deficiency judgment? A: where the debtor-mortgagor is a non-resident and who at the time of the filing of the action for foreclosure and during the pendency of the proceedings was outside the Philippines, then it is not procedurally feasible. It is by nature in personam and jurisdiction over the person is mandatory. Q: Arlene borrowed P1 million from GAP Bank (GAP) secured by the titled land of her friend Gretchen who, however, did not assume personal liability for the loan. Arlene defaulted and GAP filed an action for judicial foreclosure of the real estate mortgage impleading Arlene and Gretchen as defendants. The court rendered judgment directing Arlene to pay the outstanding account of P1.5 million (principal plus interest) to GAP. No appeal was taken by Arlene. Arlene failed to pay the judgment debt within the period specified in the decision. At the foreclosure sale, the land was sold to GAP for P1.2 million. The sale was confirmed by the court, and the confirmation of the sale was registered with the Registy of Deeds on January 5, 2002. On January 10, 2003, GAP filed an ex-parte motion with the court for the issuance of a writ of possession to oust Gretchen from the land. It also filed a deficiency claim for P800,000 against Arlene and Gretchen. The deficiency claim was opposed by Arlene and Gretchen. 1. Resolve the motion for the issuance of a writ of possession. 2. Resolve the deficiency claim of the bank.

What are the instances when the courts cannot render deficiency judgment? A: When the: 1. Case is covered by the Recto Law (Art. 1484, NCC); 2. Mortgagor is a non-resident and is not found in the Philippines, unless there is attachment; 3. Mortgagor dies, the mortgagee may file his claim with the probate court under Sec. 7, Rule 86; and 4. Mortgagee is a third person but not solidarily liable with the debtor A: 1. In judicial foreclosure by banks such as GAP, the mortgagor or debtor whose real property has been sold on foreclosure has the right to redeem the property within 1 year after the sale (or registration of the sale). However, under Sec. 47 of the General Banking Law of 2000, the purchaser at the auction sale has the right to obtain a writ of possession after the finality of the order confirming sale. The motion for writ of possession, however, cannot be filed ex parte. There must be a notice of hearing. 2. The deficiency claim of the bank may be enforced against the mortgage debtor Arlene, but it cannot be enforced against Gretchen, the owner of the mortgaged property, who did not assume personal liability of the loan. (2003 Bar Question) Distinguish equity of redemption from right of redemption.

A: Equity of Redempti on Right of the defendant mortgagor to extinguish the mortgage and retain ownership of the property by paying the debt within 90-120 days after the entry of judgment or even after the foreclosure sale but prior to confirmatio n

Right of Redempti on Right of the debtor, his successor in interest or any judicial creditor or judgment creditor of said debtor or any person having a lien on the property subsequent to the mortgage or deed of trust under which the property is sold to redeem the property within 1 year from the registration of the Sheriffs certificate of foreclosure sale

Governed by Rule 68

Governed by Secs. 29-31, Rule 39