Jan Carlo A. Tiso
JD-3
Special Civil Actions
I
The features of Rule 65 to make it under special civil actions is that an original action for certiorari, mandamus and prohibition is an independent action as such: a. itdoes not interrupt the course of the principal action b. it does not affect the running of the reglementary periods involved in the proceedings c. it does not stay the execution of the judgment, unless a TRO or writ of preliminary injunction is issued.
In certiorari, it covers discretionary acts while in prohibition, it covers both discretionary and ministerial acts. Mandamus on the other hand covers only ministerial acts.
II
A judgment that lapses into finality becomes immutable and unalterable. It can neither be modified nor disturbed by courts in any manner even if the purpose of the modification is to correct perceived errors of fact or law. Parties cannot circumvent this principle by assailing the execution of the judgment. What cannot be done directly cannot be done indirectly.
It is subject to several exceptions, namely:(1) The correction of clerical errors;
(2) The so-called nunc pro tunc entries which cause no prejudice to any party;
(3)Void judgments; and(4) Whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable.
Yes, it is correct for the supreme court to invalidate a final judgment and render a judgment of acquittal instead. Judgments may also be modified or amended to supply operational matters that are deemed necessary to carry out the decision into effect.
III.
As the counsel of the victim I will file a petition on certiorari under Rule 65. There was a valid information for two counts of rape over which the RTC had jurisdiction and to which the accused-appellant entered a plea of not guilty. After the trial, a judgment of acquittal was thereafter rendered and promulgated. What is peculiar in this case is that a judgment of acquittal was rendered based on the mistaken notion that the private complainant failed to testify; allegedly because of the mix-up of orders with a different case involving the same accused-appellant. This, however, does not change the fact that a judgment of acquittal had already been promulgated. Indeed, a judgment of acquittal, whether ordered by the trial or the appellate court, is final, unappealable, and immediately executory upon its promulgation.
IV.
Contempt of court is of two kinds, namely: direct contempt, which is committed in the presence of or so near the judge as to obstruct him in the administration of justice; and constructive or indirect contempt, which consists of willful disobedience of the lawful process or order of the court.
V.
As an initial step, the government implementing agency/instrumentality concerned shall negotiate with the owner of the land that is needed for the project for the purchase of said land, including improvements thereon. In the determination of the purchase price to be paid, the Ministry of Finance and the Provincial/City/Municipal Assessors shall extend full assistance and coordinate with the personnel of the government implementing agency concerned in the valuation of lands and improvements thereon taking into consideration the current and fair market value declared by the owner or administrator of the land, or such current market value as determined by the assessor, whichever is lower, prior to the negotiation.
VI.
I will file an interpleader. Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.
VII.
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