1.

Distinguish rule 45 vs rule 65

2. When Does a case deemed submitted for judgement?

Section 1. When case deemed submitted for judgment. — A case
shall be deemed submitted for judgment:
A. In ordinary appeals. —
1) Where no hearing on the merits of the main case is held, upon the
filing of the last pleading, brief, or memorandum required by the
Rules or by the court itself, or the expiration of the period for its filing.
2) Where such a hearing is held, upon its termination or upon the
filing of the last pleading or memorandum as may be required or
permitted to be filed by the court, or the expiration of the period for
its filing.
B. In original actions and petitions for review. —
1) Where no comment is filed, upon the expiration of the period to
comment.
2) Where no hearing is held, upon the filing of the last pleading
required or permitted to be filed by the court, or the expiration of the
period for its filing.
3) Where a hearing on the merits of the main case is held, upon its
termination or upon the filing of the last pleading or memorandum as
may be required or permitted to be filed by the court, or the expiration
of the period for its filing. (n)

3. What are the grounds upon which attachment may issue.

(RULE 57)
Sec. 1. Grounds upon which attachment may issue. - At the
commencement of the action or at any time before entry of judgment,
a plaintiff or any proper party may have the property of the adverse
party attached as security for the satisfaction of any judgment that
may be recovered in the following cases:
(a) In an action for the recovery of a specified amount of
money or damages, other than moral and exemplary, on a cause of
action arising from law, contract, quasi-contract, delict or quasi-delict
against a party who is about to depart from the Philippines with intent
to defraud his creditors;
(b) In an action for money or property embezzled or
fraudulently misapplied or converted to his own use by a public
officer, or an officer of a corporation, or an attorney, factor, broker,
agent, or clerk, in the course of his employment as such, or by any
other person in a fiduciary capacity, or for a willful violation of duty;
(c) In an action to recover the possession of property unjustly
or fraudulently taken, detained or converted, when the property, or
any part thereof, has been concealed, removed, or disposed of to
prevent its being found or taken by the applicant or an authorized
person;
 (d) In an action against a party who has been guilty of a fraud
in contracting the debt or incurring the obligation upon which the
action is brought, or in the performance thereof;
(e) In an action against a party who has removed or disposed
of his property, or is about to do so, with intent to defraud his
creditors; or
(f) In an action against a party who does not reside and is not
found in the Philippines, or on whom summons may be served by
publication.

4. What are the grounds for issuance of Preliminary Injunction?

Section 3. Grounds for issuance of preliminary injunction. — A
preliminary injunction may be granted when it is established:
(a) That the applicant is entitled to the relief demanded, and the
whole or part of such relief consists in restraining the commission or
continuance of the act or acts complained of, or in requiring the
performance of an act or acts either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of the act
or acts complained of during the litigation would probably work
injustice to the applicant; or
(c) That a party, court, agency or a person is doing, threatening, or is
attempting to do, or is procuring or suffering to be done some act or
acts probably in violation of the rights of the applicant respecting the
subject of the action or proceeding, and tending to render the
judgment ineffectual. (3a)

5. What are the grounds for appointment of a receiver?

Section 1. Appointment of receiver. — Upon a verified application,
one or more receivers of the property subject of the action or
proceeding may be appointed by the court where the action is
pending or by the Court of Appeals or by the Supreme Court, or a
member thereof, in the following cases:
(a) When it appears from the verified application, and such other
proof as the court may require, that the party applying for the
appointment of a receiver has an interest in the property or fund
which is the subject of the action or proceeding, and that such
property or fund is in danger of being lost, removed, or materially
injured unless a receiver be appointed to administer and preserve it;
(b) When it appears in an action by the mortgagee for the foreclosure
of a mortgage that the property is in danger of being wasted or
dissipated or materially injured, and that its value is probably
insufficient to discharge the mortgage debt, or that the parties have
so stipulated in the contract of mortgage;
(c) After judgment, to preserve the property during the pendency of
an appeal, or to dispose of it according to the judgment, or to aid
execution when the execution has been returned unsatisfied or the
judgment obligor refuses to apply his property in satisfaction of the
judgment, or otherwise to carry the judgment into effect;
(d) Whenever in other cases it appears that the appointment of a
receiver is the most convenient and feasible means of preserving,
administering, or disposing of the property in litigation.

During the pendency of an appeal, the appellate court may allow an

application for the appointment of a receiver to be filed in and decided
by the court of origin and the receiver appointed to be subject to the
control of said court. (1a)

6. Must be shown in the application in Replevin.

Section 1. Application. — A party praying for the recovery of
possession of personal property may, at the commencement of the
action or at any time before answer, apply for an order for the delivery
of such property to him, in the manner hereinafter provided. (1a)

7. When can plaintiff take or enter a property under

expropriation?
Section 2. Entry of plaintiff upon depositing value with authorized
government depositary. — Upon the filing of the complaint or at any
time thereafter and after due notice to the defendant, the plaintiff shall
have the right to take or enter upon the possession of the real
property involved if he deposits with the authorized government
depositary an amount equivalent to the assessed value of the
property for purposes of taxation to be held by such bank subject to
the orders of the court. Such deposit shall be in money, unless in lieu
thereof the court authorizes the deposit of a certificate of deposit of
a government bank of the Republic of the Philippines payable on
demand to the authorized government depositary.

8. In an action for partition how does the court proceed if the

parties are unable to agree.
Section 2. Order for partition and partition by agreement thereunder.
— If after the trial the court finds that the plaintiff has the right thereto,
it shall order the partition of the real estate among all the parties in
interest. Thereupon the parties may, if they are able to agree, make
the partition among themselves by proper instruments of
conveyance, and the court shall confirm the partition so agreed upon
by all the parties, and such partition, together with the order of the
court confirming the same, shall be recorded in the registry of deeds
of the place in which the property is situated. (2a)
A final order decreeing partition and accounting may be appealed by
any party aggrieved thereby. (n)

9. What are the prohibited pleading and motions in an action for

forcible entry and unlawful detainer cases.
Section 13. Prohibited pleadings and motions. — The following
petitions, motions, or pleadings shall not be allowed:
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. (19a, RSP)

10. How to stay the execution of judgement for forcible entries

and unlawful detainer
Section 19. Immediate execution of judgment; how to stay same. —
If judgment is rendered against the defendant, execution shall issue
immediately upon motion unless an appeal has been perfected and
the defendant to stay execution files a sufficient supersedeas bond,
approved by the Municipal Trial Court and executed in favor of the
plaintiff to pay the rents, damages, and costs accruing down to the
time of the judgment appealed from, and unless, during the pendency
of the appeal, he deposits with the appellate court the amount of rent
due from time to time under the contract, if any, as determined by the
judgment of the Municipal Trial Court. In the absence of a contract,
he shall deposit with the Regional Trial Court the reasonable value
of the use and occupation of the premises for the preceding month
or period at the rate determined by the judgment of the lower court
on or before the tenth day of each succeeding month or period. The
supersedeas bond shall be transmitted by the Municipal Trial Court,
with the papers, to the clerk of the Regional Trial Court to which the
action is appealed.

All amounts so paid to the appellate court shall be deposited with

said court or authorized government depositary bank, and shall be
held there until the final disposition of the appeal, unless the court,
by agreement of the interested parties, or in the absence of
reasonable grounds of opposition to a motion to withdraw, or for
justifiable reasons, shall decree otherwise. Should the defendant fail
to make the payments above prescribed from time to time during the
pendency of the appeal, the appellate court, upon motion of the
plaintiff, and upon proof of such failure, shall order the execution of
the judgment appealed from with respect to the restoration of
possession, but such execution shall not be a bar to the appeal taking
its course until the final disposition thereof on the merits.

After the case is decided by the Regional Trial Court, any money paid
to the court by the defendant for purposes of the stay of execution
shall be disposed of in accordance with the provisions of the
judgment of the Regional Trial Court. In any case wherein it appears
that the defendant has been deprived of the lawful possession of land
or building pending the appeal by virtue of the execution of the
judgment of the Municipal Trial Court, damages for such deprivation
of possession and restoration of possession and restoration of
possession may be allowed the defendant in the judgment of the
Regional Trial Court disposing of the appeal. (8a)

11. What are the acts that maybe punished for indirect contempt
Section 3. Indirect contempt to be punished after charge and hearing.
— 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;
(a) Misbehavior of an officer of a court in the performance of his
official duties or in his official transactions;
(b) 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;
(c) 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;
(d) Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice;
(e) Assuming to be an attorney or an officer of a court, and acting as
such without authority;
(f) Failure to obey a subpoena duly served;
(g) 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.
But nothing in this section shall be so construed as to prevent the
court from issuing process to bring the respondent into court, or from
holding him in custody pending such proceedings. (3a)

12. What judgement or orders that are not appealable

No appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion seeking
relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by consent,
confession or compromise on the ground of fraud, mistake or duress,
or any other ground vitiating consent;
(f) An order of execution;
(g) A judgment or final order for or against one or more of several
parties or in separate claims, counterclaims, cross-claims and third-
party complaints, while the main case is pending, unless the court
allows an appeal therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is not
appealable, the aggrieved party may file an appropriate special civil
action under Rule 65. (n)

13. Harmless error rule?

Section 6. Harmless error. — No error in either the admission or the
exclusion of evidence and no error or defect in any ruling or order or
in anything done or omitted by the trial court or by any of the parties
is ground for granting a new trial or for setting aside, modifying, or
otherwise disturbing a judgment or order, unless refusal to take such
action appears to the court inconsistent with substantial justice. The
court at every stage of the proceeding must disregard any error or
defect which does not affect the substantial rights of the parties. (5a)

14. Grounds for the dismissal of an appeal by the court of

appeals
Section 1. Grounds for dismissal of appeal. — An appeal may be
dismissed by the Court of Appeals, on its own motion or on that of
the appellee, on the following grounds:
(a) Failure of the record on appeal to show on its face that the appeal
was taken within the period fixed by these Rules;
(b) Failure to file the notice of appeal or the record on appeal within
the period prescribed by these Rules;
(c) Failure of the appellant to pay the docket and other lawful fees as
provided in section 5, Rule 40 and section 4 of Rule 41; (Bar Matter
No. 803, 17 February 1998)
(d) Unauthorized alterations, omissions or additions in the approved
record on appeal as provided in section 4 of Rule 44;
(e) Failure of the appellant to serve and file the required number of
copies of his brief or memorandum within the time provided by these
Rules;
(f) Absence of specific assignment of errors in the appellant's brief,
or of page references to the record as required in section 13,
paragraphs (a), (c), (d) and (f) of Rule 44;
(g) Failure of the appellant to take the necessary steps for the
correction or completion of the record within the time limited by the
court in its order;
(h) Failure of the appellant to appear at the preliminary conference
under Rule 48 or to comply with orders, circulars, or directives of the
court without justifiable cause; and
(i) The fact that the order or judgment appealed from is not
appealable. (1a)

15. Grounds for dismissal in the SC

Section 5. Grounds for dismissal of appeal. — The appeal may be
dismissed motu proprio or on motion of the respondent on the
following grounds:
(a) Failure to take the appeal within the reglementary period;
(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and other lawful fees or to
make a deposit for costs;
(d) Failure to comply with the requirements regarding proof of service
and contents of and the documents which should accompany the
petition;
(e) Failure to comply with any circular, directive or order of the
Supreme Court without justifiable cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to the Supreme Court. (n)

16. How to appeal and what are the contents of notice of appeal
from MTC to the RTC
The appeal is taken by filing a notice of appeal with the court that
rendered the judgment or final order appealed from. The notice of
appeal shall indicate the parties to the appeal, the judgment or final
order or part thereof appealed from, and state the material dates
showing the timeliness of the appeal.
The full names of all the parties to the proceedings shall be stated in
the caption of the record on appeal and it shall include the judgment
or final order from which the appeal is taken and, in chronological
order, copies of only such pleadings, petitions, motions and all
interlocutory orders as are related to the appealed judgment or final
order for the proper understanding of the issue involved, together
with such data as will show that the appeal was perfected on time. If
an issue of fact is to be raised on appeal, the record on appeal shall
include by reference all the evidence, testimonial and documentary,
taken upon the issue involved. The reference shall specify the
documentary evidence by the exhibit numbers or letters by which it
was identified when admitted or offered at the hearing, and the
testimonial evidence by the names of the corresponding witnesses.
If the whole testimonial and documentary evidence in the case is to
be included, a statement to that effect will be sufficient without
mentioning the names of the witnesses or the numbers or letters of
exhibits. Every record on appeal exceeding twenty (20) pages must
contain a subject index. (6a)

17. Modes of Appeal

Section 2. Modes of appeal. —
(a) Ordinary appeal. — The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its original
jurisdiction shall be taken by filing a notice of appeal with the court
which rendered the judgment or final order appealed from and
serving a copy thereof upon the adverse party. No record on appeal
shall be required except in special proceedings and other cases of
multiple or separate appeals where law on these Rules so require. In
such cases, the record on appeal shall be filed and served in like
manner.
(b) Petition for review. — The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its appellate
jurisdiction shall be by petition for review in accordance with Rule 42.
(c) Appeal by certiorari. — In all cases where only questions of law
are raised or involved, the appeal shall be to the Supreme Court by
petition for review on certiorari in accordance with the Rule 45. (n)

18. Residual Jurisdiction

The "residual jurisdiction" of the trial court is available at a stage
in which the court is normally deemed to have lost jurisdiction over
the case or the subject matter involved in the appeal.