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TAMAYO | D2020 | CIVIL PROCEDURE

MISCELLANEOUS RULES

SMALL CLAIMS CASES RULES ON SUMMARY PROCEDURE


Jurisdiction Actions for payment of money where the value of the claim (1) All cases of forcible entry and unlawful detainer (FEUD),
does not exceed P200,000 exclusive of interest and costs irrespective of the amount of damages or unpaid rentals sought
to be recovered; and
The claim or demand may be:
(1) For money owed under a contract of lease, loan, services, (2) All other cases, except probate proceedings where the total
sale, or mortgage amount of the plaintiff‗s claim does not exceed P100,000
(outside Metro Manila) or P200,000 (in Metro Manila), exclusive
(2) For liquidated damages arising from contracts; of interest and costs.

(3) The enforcement of a barangay amicable settlement or an Probate proceedings are not covered by the Rule on Summary
arbitration award involving a money claim covered by this Rule Procedure even if the gross value of the estate does not exceed
pursuant to Sec. 417 of the LGC. the above-mentioned amounts.
Pleadings allowed 1. Statement of claims 1. Complaints
2. Response to claims 2. Compulsory counterclaims
3. Counterclaim 3. Cross-claims in the answer
4. Answers thereto
Prohibited motions 1. MTD 1. MTD, except
2. Motion for bill of particulars a. LOJ over the subject matter
3. MNT, or MR, or for reopening of trial b. Failure to comply with conciliation
4. Petition for relief from judgment 2. Motion for bill of particulars
5. Motion for extension 3. MNT, or MR, or for reopening of trial
6. Memoranda 4. Petition for relief from judgment
7. Petition for CPM against any interlocutory order 5. Motion for extension
8. Motion to declare defendant in default 6. Memoranda
9. Dilatory motions 7. Petition for CPM against any interlocutory order
10. Reply and rejoinder 8. Motion to declare defendant in default
11. Third party complaints 9. Dilatory motions
12. Interventions 10. Reply
11. Third party complaints
12. Interventions
Remedy Rule 65 Appeal to RTC
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MODES OF DISCOVERY

MODE PROCEDURE WHEN TAKEN BEFORE WHOM


Depositions Pending Actions (1) A party desiring to take the deposition shall give reasonable (1) With leave of court (1) Within the Philippines:
(Rule 23) notice in writing to every party stating the time and place for (b) After jurisdiction has been (a) Judge
taking the deposition and the name and address of each person obtained over any (b) Notary Public, or
deposition de bene esse to be examined. [Sec. 15] defendant or over the (c) Any person authorized to
(2) After notice is served, the court may make any order for property which is the administer oaths, as stipulated by
protection of the parties and the deponent. [Sec. 16] subject of the action, but the parties in writing
(3) The attendance of the witnesses may be compelled by the use (c) Before an answer has (2) Outside the Philippines
of subpoena. [Sec. 1] been served (a) On notice before a secretary of
(4) The deponent may be examined following the procedures for (2) Without leave of court after embassy or legation, consul
witnesses in a trial, and may be asked questions on direct, answer has been served general, consul, vice-consul, or
cross, re-direct or re-cross. He has the same rights as a witness consular agent of the Philippines
and may be impeached like a court witness. [Sec. 3] NOTE: The taking of deposition of a (b) Before such person or officer as
(5) The officer before whom the deposition is being taken has no person confined in prison is always may be appointed by commission
authority to rule on objections interposed during the course of by leave of court, whether before or or under letter rogatory or
the deposition but any objections shall be noted by him upon the after service of the answer. [Sec. 1, (c) Any person authorized to
deposition. Any evidence that is objected to shall be taken Rule 23] administer oaths as stipulated by
subject to the objection. [Sec. 17] parties in writing
Depositions Before Action or Deposition Before Action: Disqualification by interest [Sec.
Pending Appeal (1) File a verified petition in the court of the place of the residence of 13, Rule 23]
(Rule 24) any expected adverse party, entitled in the name of the No deposition shall be taken before
petitioner and stating: the following:
depositions in perpetuam rei (a) That the petitioner expects to be a party to an action in (1) A relative by affinity or
memoriam a court of the Philippines but is unable to bring it or consanguinity within the 6th degree
cause it to be brought; of any party;
(b) The subject matter of the expected action and his (2) An employee or counsel of any of
interest therein; the parties
(c) The facts which he desires to establish by the proposed (3) A relative within the same degree
testimony and his reasons for desiring to perpetuate it; or employee of such counsel;
(d) The names or a description of the persons he expects (4) Any person financially interested
will be adverse parties and their addresses so far as in the action
known; and
(e) The names and addresses of the persons to be
examined and the substance of the testimony which he
expects to elicit, and
(f) Asking for an order authorizing the taking of the
depositions of the persons sought to be examined
named in the petition for the purpose of perpetuating
their testimony.
(2) Notice and service to each person named in the petition as an
expected adverse party, together with a copy of the petition,
stating that the petitioner will apply to the court, at a time and
place named therein, for the order described in the petition.
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(a) At least 20 days before the date of the hearing, the
court shall cause notice thereof to be served on the
parties and prospective deponents in the manner
provided for service of summons.
(3) Order and Examination: If the court is satisfied that the
perpetuation of the testimony may prevent a failure or delay of
justice, it shall make an order designating or describing the
persons whose deposition may be taken and specifying the
subject matter of the examination and whether the depositions
shall be taken upon oral examination or written interrogatories.

Deposition Pending Appeal


(1) During the pendency of an appeal, the court in which the
judgment was rendered may allow the taking of depositions of
witnesses to perpetuate their testimony in the event of further
proceedings in the said court.
(2) The party who desires to perpetuate the testimony may make a
motion in the said court for leave to take the depositions, upon
the same notice and service thereof as if the action was pending
therein. The motion shall state:
(a) The names and addresses of the persons to be
examined and the substance of the testimony
which he expects to elicit from each, and
(b) The reason for perpetuating their testimony.
(3) Order allowing the deposition: If the court finds that the
perpetuation of the testimony is proper to avoid a failure or delay
of justice, it may make an order allowing the deposition to be
taken.
Interrogatories To Parties Any party desiring to elicit material and relevant facts from any (1) Without leave of court – After No deposition officer; interrogatories are
(Rule 25) adverse party shall file and serve upon the adverse party written answer has been served; and for the served on parties to the action so the
interrogatories to be answered by the party served. first set of interrogatories questioning is direct.
Written interrogatories and the answers thereto must both be filed (2) With leave of court – before the
and served. answer has been served; and for
subsequent sets of interrogatories
NOTE: No party may, without leave
of court, serve more than one set of
interrogatories to be answered by
the same party. [Sec. 4, Rule 25]
Admission By Adverse Party (1) A party files and serves upon any other party a written request At any time after issues have been No deposition officer; requests for admission
(Rule 26) (2) Copies of the documents shall be served with the request unless joined are served on parties to the action.
already furnished
The request for admission must be served on the party, not the
counsel. This is an exception to the general rule that notices shall be
served upon counsel and not upon the party. [Duque v. CA, G.R.
125383 (2002)]
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Production Or Inspection Of A motion is filed by the party seeking production or inspection, Applicable only to a pending action -
Documents Or Thing showing good cause therefor. and the things subject of the motion
(Rule 27) The court may issue an order: must be within the possession,
(1) for the party to produce and permit inspection, copying or control, or custody of a party.
photographing, by or on behalf of the moving party, of any designated
documents or tangible things,
(a) not privileged,
(b) constituting or containing material evidence, and
(c) in the party‘s in his possession, custody or control
(2) for the party to permit entry upon designated land or other
property, in his possession or control, for inspection, measuring,
surveying, or photographing property or any designated relevant
object or operation.
Physical And Mental A motion for the examination is filed in the court where the action is Applicable in an action in which the -
Examination of Persons pending: mental or physical condition of a
(Rule 28) (1) showing good cause for the examination; party is in controversy.
(2) with notice to the party to be examined, and all other parties; and
(3) specifying the time, place, manner, conditions, scope, and person
conducting the examination.

Note: Since the results of the examination are intended to be made


public, the same are not covered by physician-patient privilege [Sec.
24(b), Rule 130]

EFFECT OF REFUSAL (RULE 24)


Refusal to answer any question The court may, upon proper application, compel a refusing deponent to answer [Sec. 1]
[Sec. 1 and 2] (1) If granted, and refusal to answer is without substantial justification, court may require the refusing party to pay proponent the reasonable expenses incurred in
obtaining the order
(2) If denied, and filed without substantial justification, court may require proponent to pay refusing party the reasonable expenses incurred in obtaining the order

A refusal to answer after being directed by court to do so may be constituted as contempt of court
Refusal to be sworn Cite the disobedient deponent in contempt of court
[Sec. 2]
Refusal to answer designated The court may make the following orders: [Rule 29, Sec. 3]
questions or refusal to produce (1) Prohibit the disobedient party to introduce evidence of physical or mental condition
documents or to submit to (2) Refuse to allow the disobedient party to support or oppose claims or defenses
physical or mental examination (3) Strike out pleadings or parts thereof
[Sec. 3] (4) Stay further proceedings
(5) Dismiss the action or proceeding or any part thereof
(6) Render a judgment by default against disobedient party
(7) Direct the arrest of any party disobeying any of such orders except an order to submit to a physical or mental examination
(8) Other orders as may be just

If report of findings of the examining physician is not delivered: [Sec. 3, Rule 28]
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(a) Due to refusal of the party examined, the court may make an order requiring delivery on such terms as are just;
(b) Due to failure or refusal of the physician, the court may exclude his testimony when offered at trial.
Refusal to admit under Rule 26 The court, upon proper application, issue an order requiring the other party to pay him reasonable expenses incurred, including attorney‘s fees
[Sec. 4] PROVIDED that party requesting proves genuineness of such document or truth
UNLESS court finds:
(1) There were good reasons for denial
(2) Admissions sought were of no importance
Failure of party to attend or The court on motion and notice may:
serve answers to written (1) Strike out all or any part of any pleading of disobedient party
interrogatories (2) Dismiss the action or proceeding or any part thereof
[Sec. 5] (3) Enter a judgment by default against disobedient party
(4) Order payment of reasonable expenses incurred by the other party including attorney‘s fees

Note: Expenses and attorney‘s fees are not to be imposed upon the Republic of the Philippines. [Sec. 6, Rule 29]
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POST-JUDGMENT REMEDIES COMPARISON TABLE

REMEDY GROUNDS PERIOD TO FILE WHERE TO FILE BASIS OF JUDGMENT EFFECT OF DENIAL
Motion for 1. That the damages awarded are Within period for taking an appeal Court of origin Based solely on Remedy: Appeal from
Reconsideration (Rule 37) excessive; pleadings judgment subject of the
2. That the evidence is insufficient to motion
justify the decision or final order; or
3. That the final order is contrary to law
Motion for New Trial (Rule 1. Fraud, accident, mistake, excusable Within period for taking an appeal Court of origin Based on pleadings, Remedy: Appeal from
37) negligence which ordinary prudence depositions, and judgment subject of the
could not have guarded against and admissions motion
by reason of which, the aggrieved
party has probably been impaired in
his rights; or
2. Newly-discovered evidence, which he
could not, with reasonable diligence,
have discovered and produced at
trial, and if so presented, would
probably alter the result

If on appeal, the only ground is newly-


discovered evidence.
Verified Petition for Relief 1. When a judgment or final order is Within MTC or RTC of
(Rule 38) entered or any other proceeding is - 60 days from knowledge of judgment, origin
thereafter taken against the petitioner order or other proceedings to be set
in any court through FAME aside
2. When the petitioner has been - AND
prevented from taking an appeal by - 6 months from entry of such JOP
FAME
Action for Annulment of Extrinsic fraud – unless it was (or could Extrinsic fraud – 4 years within its discovery CA
Judgment (Rule 47) have been) availed of in a MNT or petition
for relief LOJ – before action is barred by laches or
1. Lack of jurisdiction estoppel
Appeal (Rules 40-45) Rule 40 Questions of law or fact or Notice of appeal: 15 days from notice of MTC  RTC The entire record of the
Rule 41 both judgment or denial of MR/MNT RTC  CA proceedings had in the
Notes: court of origin and such
 Appeal does not Record on appeal: 30 days from notice of memoranda as are filed
apply to judgment or denial or MR/MNT; may be
administrative extended
decisions. 1. Special proceedings and in other
 Appeal from an MTC cases of multiple or separate appeals
with delegated 2. Expropriation
authority (cadastral 3. Recovery of property or partition
court) is by notice of 4. Foreclosure
appeal to the CA 5. Judgment against one or more several
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(Rule 41) defendants, leaving the action to
proceed against the others
Rule 42 Questions of law or fact or Verified 15 days from notice of MTC  RTC 
both petition for judgment or denial of CA
Rule 43 review MR/MNT; may be extended Quasi-judicial
for 15 days; may be extended agency / CSC /
for another 15 days for Ombudsman
compelling reasons (administrative)
 CA
Rule 45 Questions of law only Verified 15 days from notice of RTC / CA /
petition for judgment or denial of Sandiganbayan /
review on MR/MNT; may be extended CTA en banc 
certiorari for 30 days for justifiable SC
reasons
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PROVISIONAL REMEDIES COMPARISON TABLE

PRELIMINARY ATTACHMENT PRELIMINARY INJUNCTION RECEIVERSHIP REPLEVIN SUPPORT PENDENTE LITE


RULE 57 RULE 58 RULE 59 RULE 60 RULE 61
Requisites 1. Sufficient cause of action 1. Applicant is entitled to relief 1. Applicant has interest in (1) Applicant is owner of the Affidavits, depositions or
2. The case must be any of demanded property or fund, subject property claimed or is entitled other documents should
those where preliminary 2. Act/s complained of would matter of action to possession show, at least provisionally,
attachment is proper [Sec. 1, work injustice to applicant if not 2. Property or fund is in (2) Property is wrongfully that the applicant is entitled
Rule 57] enjoined danger of being lost, or detained by the adverse to receive support.
3. No other sufficient security for 3. Acts sought to be enjoined removed, or material injured party
the claim exists probably violates applicant‘s 3. Appointment is the most (3) Property is not distrained
4. Amount due to applicant or rights respecting the subject of convenient and feasible or taken for tax assessment
value of property he is entitled to the action or proceeding means of preserving, or fine pursuant to law, or
recover is equal to the sum 4. Threatened injury incapable administering, disposing of seized (if seized, that the
which the order of attachment is of pecuniary estimation property property is exempt)
granted (4) Principal purpose of the
action is to recover
possession of personal
property
Procedure (1) The case must be any of (1) There must be a verified (1) Verified application filed (1) An application is filed at File a verified application,
those where preliminary application by the party requesting for the commencement of the bond not required.
attachment is proper [Sec. 1, (2) The applicant must establish: the appointment of the action or at any time before
Rule 57] (a) The existence of a clear receiver; answer of defendant
(2) Applicant must file a motion, and unmistakable right (2) Applicant must have an (2) Application must contain
whether ex parte or with notice that must be protected; interest in the property or an affidavit
and hearing that is, right in esse; funds subject of the action; (3) Applicant must file a bond
(3) Applicant must file an (b) A material and (3) Applicant must show that (4) Approval of the bond by
affidavit showing the required substantial invasion of the property or funds is in the court
facts such right; and danger of being lost, wasted, (5) Court shall then issue an
(4) Applicant must post a bond (c) An urgent and or dissipated; order and the writ of replevin:
executed to adverse party paramount necessity (4) Application must be with (b) It must describe the
for the writ to prevent notice and must be set for personal property
serious damage hearing; alleged to be
(3) The applicant must post a (5) Before appointing a wrongfully detained
bond, unless otherwise receiver, the court shall (c) Requiring the sheriff
exempted by the court require applicant to post a to take such
(4) As to a writ of preliminary bond in favor of the adverse property into his
injunction, there must be notice party. custody
and hearing (6) Before entering upon his
duties, the receiver must be NOTE: The writ of replevin
sworn to perform his duties may be served anywhere in
faithfully and shall file a the Philippines.
bond.
When to File (1) At the commencement of the At any stage prior to the At any time prior to the At the commencement of the (1) At the commencement of
action; or judgment or final order satisfaction of judgment. action but before the action is the action; or
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(2) At any time before the entry filed (2) At any time before the
of judgment. Note: It may be availed of entry of judgment.
even after judgment under
Rule 39, Sec. 41
Hearing Not required. May be issued ex Required. Required. Not required. May be issued Required.
parte.sss ex parte.
Exception: TRO may be issued
without hearing
 20 days from hearing – if
great or irreparable injury
would result to the
applicant before the matter
can be heard on notice
 72 hours from issuance – if
the matter is of extreme
urgency and the applicant
will suffer grave injustice
and irreparable injury.
Who May Grant Courts where the action is Only the court where the action Court where action is Only the court where action Court of origin and appellate
pending, the CA or the SC even is pending pending is pending. court. [Ramos v. CA, GR No.
if action is pending in lower Lower court, CA or SC provided The CA or SC even if action L-31897]
court action is pending in the same is pending in the lower court
court which issues the injunction Appellate court may allow
Also with the Sandiganbayan application for receivership to
and CTA be decided by the court of
origin
Immediately Executory No. Yes. Yes. No. Yes.
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SPECIAL CIVIL ACTIONS COMPARISON TABLE

How Initiated Requisites When to file Summons? Jurisdiction Venue Rule on default
Interpleader Complaint (1) The plaintiff clams no interest in the Within Yes Personal Property: Apply Rule 4: Applicable
(Rule 62) subject matter or his claim thereto is not reasonable 1. MTC: If value not more Real action: If the action
disputed time than P300,000 outside Metro affects title to or
(2) The parties to be interpleaded must Manila, or not more than possession of real property,
make effective claims P400,000 in Metro Manila venue is where the real
(3) There must be at least two (B.P. Blg. 129, sec. 33) property involved or a
conflicting claimants with adverse or 2. RTC: If value exceeds portion thereof is situated.
conflicting interests to a property in P300,000 outside Metro
custody or possession of the plaintiff; Manila, or P400,000 in Metro Personal action: All other
and Manila, or if incapable of actions—At the election of
(4) The subject matter must be one and pecuniary estimation (B.P. the plaintiff
the same. Blg. 129, sec. 19) 1. Where plaintiff or any of
the principal plaintiffs
Real Property: reside; or
1. MTC: assessed value not 2. Where defendant or any
more than P20,000 outside of the principal defendants
Metro Manila or not more resides; or
than P50,000 in Metro Manila 3. In case of an non-
(Sec. 33, BP 129) resident, where he may be
2. RTC: value exceeds found
P20,000 if outside Metro
Manila, or P50,000 if in Metro
Manila, or incapable of
pecuniary estimation (Sec.
19, BP129)
Declaratory Petition (1) Subject matter of controversy must Before an Notice to the General rule: In the Apply Rule 4, i.e. personal
relief (Rule 63) be a deed, will, contract, or other written impending OSG or appropriate RTC, since the action, where the petitioner
instrument, statute, executive order or breach or prosecutor of subject in declaratory relief is or the respondent resides
regulation, or ordinance. violation the LGU incapable of pecuniary
(2) Actual justiciable controversy or estimation.
―ripening seeds‖ of one between person
whose interests are adverse Exception: Where the action
(3) No breach of documents in question is a proceeding similar to
(4) Doubtful as to the terms and validity declaratory relief (e.g.
of the document and require judicial quieting of title to real
construction property), jurisdiction will
(5) Issue is ripe for judicial depend on the assessed
determination, as where all value of the property, supra.
administrative remedies have been
exhausted
(6) Adequate relief is not available
through other means or other forms of
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action or proceeding
Review of the Verified - 30 days from The court shall SC SC
COMELEC and Petition notice of issue an order
COA (Rule 64) judgment; (not summons)
Fresh period requiring
rule N/A respondents to
comment
Certiorari, Verified Certiorari 60 days from The court shall • RTC, CA, SC; RTC where the respondent
Prohibition, Petition (1) Respondent is exercising judicial or notice of issue an order • Sandiganbayan, in aid of its is situated, where petition
Mandamus quasi-judicial function judgment; (not summons) appellate jurisdiction; relates to an act or
(Rule 65) (2) Respondent acted without or in Fresh period requiring • COMELEC, in election omission of a corporation,
excess of its jurisdiction or acted with rule applies respondents to cases involving an act or board, an officer, or person.
grave abuse of discretion amounting to comment omission by MTC or RTC, in [Rule 65, Sec. 4]
lack of jurisdiction; and aid of its appellate
(3) There must be no appeal or other jurisdiction.
plain, speedy, and adequate remedy

Prohibition
(1) Respondent is exercising judicial,
quasi-judicial, or ministerial functions
(2) Respondent acted without or in
excess of its jurisdiction or acted with
grave abuse of discretion amounting to
lack of jurisdiction; and
(3) There must be no appeal or other
plain, speedy, and adequate remedy

Mandamus
(1) There must be a well-defined, clear
legal right or duty.
o The duty must be enjoined by law;
hence, a contractual duty cannot be
enforced by mandamus.
(2) Respondent must be exercising a
ministerial duty.
o A duty which is absolute and
imperative and involves merely its
execution
o However, mandamus ―will lie to
compel the discharge of the
discretionary duty itself but not to
control the discretion to be exercised. In
other words, mandamus can issue to
require action only but not specific
action.‖
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(3) The duty to be performed must be
existing.
o A correlative right will be denied if not
performed by the respondents.
(4) There is no other plain, speedy, and
adequate remedy in the ordinary course
of law.
Quo warranto Verified - 1 year from Notice to the • RTC, CA, SC • Generally, action can be
(Rule 66) Petition the date after respondent • Sandiganbayan, which has brought in the SC, CA, or
―by what the cause of exclusive original jurisdiction RTC exercising jurisdiction
authority‖ such ouster or over quo warranto cases filed over the territorial area
the right of the by the PCGG where respondent resides
petitioner to • COMELEC, exclusive or any of the
hold such jurisdiction over cases falling RESPONDENT(S) resides
office or under the Omnibus Election (not petitioner)
position arose; Code • If commenced by the
period may be • Special Commercial Courts, SolGen, it may be filed with
reduced by for quo warranto against duly the RTC Manila, CA, or SC
court licensed associations. • The Sandiganbayan has
(CORP. CODE rules apply, exclusive original
not the RULES OF COURT.) jurisdiction on quo warranto
• MTC for municipal or arising or that may arise in
barangay officers (Sec. 253, cases filed under EO
Omnibus Election Code) 1,2,14, 14-A but this must
be in aid of its appellate
jurisdiction and not
exclusive of the SC.
Expropriation Verified (1) The property must be private Imprescriptible Yes RTC (incapable of pecuniary Apply Rule 4, i.e. where the
(Rule 67) Complaint (2) There must be due process of law estimation) real property involved, or a
(3) Payment of just compensation portion thereof, is situated
(4) Taking must be for public use In cases of personal
(5) There must be genuine necessity to property, where the plaintiff
take the property or defendant resides
Foreclosure of Complaint - Depending on assessed Apply Rule 4, i.e. where the
REM (Rule 68) value* real property involved, or a
portion thereof, is situated
Partition (Rule Complaint (1) Assignment is in favor of one of the Depending on assessed Apply Rule 4
69) parties, not to 3rd persons value*
(2) Payment to the other parties
(3) Amount to be paid is based on the
amounts which the commissioners
deem equitable
(4) Other interested parties do not ask
the court that the property be sold
instead.
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Forcible entry Verified Forcible Entry 1 year from Yes MTC Apply Rule 4, i.e. where the N/A, the court
and unlawful Complaint (1) That plaintiff was in prior physical dispossession real property involved, or a shall render
detainer (Rule possession of the property in litigation or last portion thereof, is situated judgment as
70) until he was deprived thereof by demand warranted by the
defendant facts alleged in
(2) That the dispossession was through the complaint
FISTS. [NOTE: First two requirements
are jurisdictional [Abad v. Farrales, G.R.
No. 178635 (2011)]
(3) That the complaint was filed within 1
year from dispossession.

Unlawful Detainer
(1) That defendant is unlawfully
withholding possession from plaintiff
because his right to possess had
expired
(2) That landlord has made a demand
upon tenant to comply with the terms of
the contract and to return the
possession of the property, and that the
tenant failed to satisfy the demand
within 15 or 5 days, in case of buildings
(3) That the complaint is filed within 1
year from last demand.
Contempt (Rule Verified - Opportunity MTC, RTC, CA, SC • If committed against RTC
71) Petition or given to or a court of equivalent or
motu proprio respondent to higher rank, or against an
comment officer appointed by it: File
with such court
• If committed against a
first-level court: File with
the RTC of the place in
which lower court is sitting
• If act was committed
against persons or entities
exercising quasi-judicial
functions: File with the
RTCof the place wherein
contempt was committed