EXAMINATION/ ANSWERS/ ANGELES, ANA CHRISTEL S.

1.

For Rule 65 to fall under special civil action, it must be directed to a tribunal, board or officer exercising judicial or quasi-judicial functions. The tribunal, board, or officer must be acting without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction. Moreover, Rule 65 can only be availed of when there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law. 

Rule 65 can be availed of when there is an error of jurisdiction. On the other hand, ordinary modes of appeal is availed of when there is an error of judgment. 

Rule 65 is an original and independent action while an ordinary mode of appeal is a continuation of the original action. 

Rule 65 raises questions of jurisdiction while an ordinary mode of appeal raises questions of law as a general rule. 

 An action brought under Rule 65 should be filed not later than 60 days from notice of judgment while an ordinary mode of appeal should be filed not later than 15 days from the notice of judgment. 

 An action brought under Rule 65 requires prior Motion for Reconsideration as a general rule while an ordinary mode of appeal does not require a prior Motion for Reconsideration.

2.

1. The rule on immutability of judgment states that a decision which acquired finality becomes immutable and unalterable. Such judgment cannot be modified even if   such modification is to correct erroneous conclusions of fact and law.

2. The exceptions to the rule on the immutability of final judgments are the following: (1) correction of clerical errors, (2) nunc pro tunc entries which cause no prejudice to any party; and and (3) void judgments.

3. Yes. Such judgment may reversed. The law only prohibits modification in judgment of acquittal. 

3.

If I were the counsel of Maria, I will file a Petition for Certiorari under Rule 65.

While it is true that a judgment of acquittal is final and unappealable as stated under the finality-of-acquittal doctrine, the jurisprudence provides that a judgment of acquittal can be assailed by filing a petition for certiorari under Rule 65.

Since injustice has committed against my client, I will file a petition for certiorari and prove that the respondent court has acted with grave abuse of discretion amounting to lack or excess of jurisdiction for it to prosper.

4.

Contempt of court can be direct or indirect contempt.

The principle that contempt of court shall be used sparingly means that when constitutional rights is invoked by the defendant, such justification cannot be availed if it is used to insult lawyers, judges, and court employees as well as to obstruct justice and abusing the rules of procedure in court.

5.

There must be an ordinance enacted by the LGU to exercise the power of eminent domain.

The law provides  that expropriation shall be exercised filing a verified complaint which shall state the right as well as the purpose of expropriation, describe the real or personal property sought to be expropriated, and join as defendants all persons owning or claiming to own, or occupying any part of the property.

After filing the action for expropriation, a deposit must be made in the proper court of atleast 15% of the fair market value of the property. 

6.

I will file an action for interpleader. The Rules of Court provides for the action for interpleader to prosper: First, there must be two or more conflicting claims. Second, the claim must be made upon the same subject matter. Third, the claim must be made against a person who claims no interest whatever in the subject matter. Lastly, if the plaintiff has an interest in whole or in part upon the subject matter, the interest must not be disputed. 

7.

I can file an action for criminal contempt. This action may be brought against the dignity of the court or a judge acting within the scope of its power. It can also be filed against an act which obstructs administration of justice. 

8.

Declaratory relief is a special civil action filed by a person who interested in a deed, will, contract or other written instrument. It may also be filed by any person whose rights are affected by a statute, executive order or regulation.

The Rules of Court provides for similar remedies which are the following:  (a) an action for the reformation of an instrument; (b) an action to quiet title to real property; and (c) and an action to consolidate ownership.

The law provides that a declaratory relief will not prosper as a special civil action if  before the termination of the case, there is already a breach or violation of an instrument or a statute, executive order or regulation. In such case, the special civil action shall be converted into an ordinary action

9.

The SC said that direct resort to SC is justified considering that the action is directed against the Chief Justice. The Supreme Court has also jurisdiction over the case since the petition is of transcendental importance. Also, impeachment is not the only remedy to remove an officer from office which is invalidly appointed or elected.

In quo warranto under election laws, the governing law is the Election law. Quo warranto under civil service laws is governed by Civil Service Law.

Quo warranto under the election laws deals with the issue of eligibility or ineligibility of the person elected. On the other hand, the second deals with the legality or illegality of appointment. 

10. 

Extrajudicial foreclosure and judicial foreclosure are similar in the sense that they are remedies in which a creditor in a contract of loan may be availed of in case of non-payment of loan or debt.

A judicial foreclosure is governed by the Rules of Court while an extrajudicial foreclosure is governed by Real Estate Mortgage Law.

In judicial foreclosure, there is an equity of redemption in which the judgment obligor may redeem the property within a period of not less than 90 days nor more than 120 days from the entry of judgment. In extrajudicial foreclosure, the debtor has a right to redeem the property within 1 year from the sale of the real estate mortgage.

In judicial foreclosure, there can be a deficiency judgment by the court. On the other hand, there can be no judgment for deficiency in extrajudicial foreclosure because there is no judicial proceeding involved.

In my opinion, extrajudicial foreclosure is more convenient and efficient remedy than judicial foreclosure since it can be done bby mere agreement of the parties without court intervention. 

CASE PROBLEM:

The action filed should be accion publiciana and not unlawful detainer.

The Rules of Court provides that unlawful detainer must be filed within one (1) year from the date of dispossession.  If the dispossession is more than one year, an accion publiciana must be filed. Also, unlawful detainer may be filed only in the proper Municipal Trial Court. Accion  publiciana may be filed only in the Regional Trial Court.

In the given case, the occupants alleged that since they had been in possession of the property for more than 70 years.

 Hence, unlawful detainer cannot be availed of.