PowerPoint Presentation

SPECIAL CIVIL ACTIONS Pre-month lecture for the January 2022 Bar Exams Atty. Rosario Olivas-Quinto DLSU College of Law Chan Robles Bar Review.

Coverage (under Bar Bulletin 31, s. 2022) Expropriation Certiorari Prohibition Mandamus Quo warranto.

Expropriation (Rule 67).

Objective The state, as a sovereign power, has the ultimate right to appropriate private property for a public purpose upon payment of just compensation..

2) Ground (Substantive basis) - Public use of private property which may be real or personal in nature; not limited to real property, may also refer to easement of right-of-way.

3) Requisites (Procedural) Verified complaint stating the plaintiff’s right to expropriate, purpose thereof, description of real or personal property,.

3) Requisites (Procedural) d) join as defendants all persons owning/claiming to own part of the property or interest therein.

4) Subject matter jurisdiction Regional Trial Court because it is incapable of pecuniary estimation regardless of the value of the subject property.

5) Venue Real property – where located Personal property – apply rules on venue under Section 2, Rule 4.

6) Parties - State as plaintiff - All persons who own, occupy, or claim to own the property, who have a lawful interest in the property, including a mortgagee, lessee, or vendee in possession in an executory contract.

7) Important points -The State must show a genuine need for the property. -The element of specific public use must be maintained throughout the proceeding..

7) Important points -The State cannot change the nature of public use midway in the proceedings. In that case, a new petition must be filed. - Just compensation – full and fair equivalent of the property; measure is not the taker’s gain but the owner’s loss.

7) Important points -Just compensation – fixed at the time of ACTUAL taking by the government -Ordinance (not mere resolution) is required if the expropriating authority is the local government (per RA 7160)..

7) Important points -Expropriation proceedings have two stages: (a) is the plaintiff authorized to expropriate, is it necessary, and is it for a public purpose? (b) what is the amount of just compensation?.

7) Important points Cross-claim, counterclaim not allowed Defendant may present evidence on the amount of just compensation and share in the distribution of the award even if he did not file any answer.

7) Important points Answer is not required if the defendant is not opposing the taking of property. He should file a notice of appearance and manifestation of no objection within the time stated in the summons..

7) Important points - The State is entitled to take possession of the real property after the complaint is filed AND a deposit is made in an amount equivalent to the assessed value of the property, in an authorized government depositary.

7) Important points - For personal property, the amount of deposit will be fixed by the court after the value of the property is provisionally determined.

7) Important points Notice must be sent to the defendant before plaintiff will have the right to take possession of the real property 2 requirements: notice to defendant + deposit.

7) Important points Purpose of deposit A) Advance payment or B) Indemnity for damages which owner may have sustained.

7) Important points Note 2 stages: (a) determination that expropriation is proper = Order of expropriation to be issued by the court (b) payment of just compensation.

7) Important points Multiple appeals allowed. Appeal from Order of expropriation will NOT prevent determination of just compensation..

7) Important points Even if the Order of expropriation is appealed, the plaintiff can still enter into possession of the property and appropriate it for public use..

7) Important points Determination of just compensation Commissioners are appointed to ascertain just compensation. This is mandatory..

Certiorari, Prohibition, Mandamus (Rule 65).

Sec. 1 When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction , or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require..

Note: Difference between Rule 45 and Rule 65 Rule 45 Rule 65 Mode of appeal Original action Appellate – SC Original concurrent – RTC, CA, SC, Sandiganbayan Final judgments/orders Interlocutory orders Errors of law Errors of jurisdiction 15-day period 60-day period Motion for reconsideration Motion for reconsideration is not a requisite required Stays the judgment or order Does not stay the proceedings.

Expanded scope of certiorari May be used to set right, undo, and restrain any act of grave abuse of discretion amounting to lack or excess of jurisdiction by any branch or instrumentality of the government even if the latter does not exercise judicial, quasi-judicial, or ministerial functions. ( Araullo vs. Aquino, GR 209287, July 1, 2014).

Grave abuse Despotic, whimsical, capricious Not mere abuse Must be grave.

Motion for reconsideration: exceptions Order patent nullity Questions duly passed upon Urgent necessity, prejudice of government / petitioner Perishable subject matter Motion for reconsideration would be useless.

Motion for reconsideration: exceptions Order patent nullity Questions duly passed upon Urgent necessity, prejudice of government / petitioner Perishable subject matter Motion for reconsideration would be useless.

Motion for reconsideration: exceptions 6) Deprivation of due process; extreme urgency 7) Criminal case – urgent relief from arrest order 8) Proceedings are null for lack of due process 9) Proceedings ex parte 10) Pure question of law 11) Public interest.

Rule 64 Certiorari vs. Rule 65 Certiorari Directed against whom Period for filing Effect of motion for reconsideration.

Section 2. Petition for prohibition . — When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions , are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require..

Section 3. Petition for mandamus. — When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent..

Section 4. When and where petition filed . — The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the sixty (60) day period shall be counted from notice of the denial of said motion. The petition shall be filed in the Supreme Court or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed in the Court of Appeals whether or not the same is in aid of its appellate jurisdiction, or in the Sandiganbayan if it is in aid of its appellate jurisdiction. If it involves the acts or omissions of a quasi-judicial agency, unless otherwise provided by law or these Rules, the petition shall be filed in and cognizable only by the Court of Appeals. No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998; A.M. No. 00-2-03-SC).

Section 5. Respondents and costs in certain cases. — When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person, the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents..

Section 5. ( continuation) Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal parties. However, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein..

Section 6. Order to comment. — If the petition is sufficient in form and substance to justify such process, the court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on the respondents in such manner as the court may direct together with a copy of the petition and any annexes thereto. In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section 2, Rule 56, shall be observed. Before giving due course thereto, the court may require the respondents to file their comment to, and not a motion to dismiss, the petition. Thereafter, the court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper. (6a).

Section 7. Expediting proceedings ; injunctive relief. — The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the case. (7a).

Section 8. Proceedings after comment is filed . — After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to submit memoranda. If after such hearing or submission of memoranda or the expiration of the period for the filing thereof the court finds that the allegations of the petition are true, it shall render judgment for the relief prayed for or to which the petitioner is entitled. The court, however, may dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration. (8a).

Section 9. Service and enforcement of order or judgment . — A certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the court, quasi-judicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court may direct, and disobedience thereto shall be punished as contempt. An execution may issue for any damages or costs awarded in accordance with section 1 of Rule 39..

Mandamus - Only for ministerial duties - Some examples.

Quo Warranto (Rule 66).

Section 1. Action by Government against individuals. — An action for the usurpation of a public office, position or franchise may be commenced by a verified petition brought in the name of the Republic of the Philippines against: (a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise; (b) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office; or (c) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act. (1a).

Section 2. When Solicitor General or public prosecutor must commence action . — The Solicitor General or a public prosecutor, when directed by the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that any case specified in the preceding section can be established by proof, must commence such action. (3a) Section 3. When Solicitor General or public prosecutor may commence action with permission of court . — The Solicitor General or a public prosecutor may, with the permission of the court in which the action is to be commenced, bring such an action at the request and upon the relation of another person; but in such case the officer bringing it may first require an indemnity for the expenses and costs of the action in an amount approved by and to be deposited in the court by the person at whose request and upon whose relation the same is brought. (4a).

Section 4 . When hearing had on application for permission to commence action . — Upon application for permission to commence such action in accordance with the next preceding section, the court shall direct that notice be given to the respondent so that he may be heard in opposition thereto; and if permission is granted, the court shall issue an order to that effect, copies of which shall be served on all interested parties, and the petition shall then be filed within the period ordered by the court. (5a) Section 5. When an individual may commence such an action . — A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefor in his own name. (6).

Section 6. Parties and contents of petition against usurpation . — When the action is against a person for usurping a public office, position or franchise, the petition shall set forth the name of the person who claim to be entitled thereto, if any, with an averment of his right to the same and that the respondent is unlawfully in possession thereof. All persons who claim to be entitled to the public office, position or franchise may be made parties, and their respective rights to such public office, position or franchise determined, in the same action. (7a).

Section 7. Venue . — An action under the preceding six sections can be brought only in the Supreme Court, the Court of Appeals, or in the Regional Trial Court exercising jurisdiction over the territorial area where the respondent or any of the respondents resides, but when the Solicitor General commences the action, it may be brought in a Regional Trial Court in the City of Manila, in the Court of Appeals, or in the Supreme Court. (8a).

Section 8. Period for pleadings and proceedings may be reduced ; action given precedence . — The court may reduce the period provided by these Rules for filing pleadings and for all other proceedings in the action in order to secure the most expeditious determination of the matters involved therein consistent with the rights of the parties. Such action may be given precedence over any other civil matter pending in the court. (9a).