1. Rule 65 is a special civil action because it is not demandable as a matter of right. The reason for Rule 65 is the correction of error of jurisdiction in which there is grave abuse of discretion amounting to lack or excess of jurisdiction. Rule 65 is an original action, it is not a mode of appeal. In Rule 65, there is a need to file a motion for reconsideration.
2. (a) The rule on immutability of final judgement provides that when there is finality of judgment, such judgment is immutable and cannot be altered. Even if the changes meant is to correct erroneous conclusions of fact and law.
(b) The exceptions of immutability of final judgment is correction of clerical error; those judgments that are void; and non pro tunc entries that does not prejudiced the parties.
(c) It is not right for the Supreme Court to invalidate the judgment. After judgment of the Court of Appeals, the accused should have filed for an appeal of judgment.
3. File a petition for certiorari under Rule 65, and raise errors of judgment by the court and such error amounts to grave abuse of discretion amounting to excess of jurisdiction. In this case, ordinary appeal in Rule 45 would tantamount to double jeopardy of the accused. Therefore, the remedy would be to file petition for certiorari under Rule 65.
4. Contempt of Court may either be direct contempt or indirect contempt. Direct contempt is committed when a person is misbehaving in the presence of the court as to interrupt the proceedings. This includes disrespect, offensive personality and refusal to sworn or answer as a witness. Indirect contempt is committed out of the presence of the court.
5. For a expropriation proceeding, first file a verified a complaint, this shall state the right and purpose of the expropriation and describe the properties sought to be expropriated and include all persons as defendants who have an interest to the property. After due notice to the defendants, the plaintiff have the right to take the property involved if he deposits with authorized government depositary in the amount to the assessed value of the property. If the court finds that such property belongs to the plaintiff, then payment of just compensation be determined.
6. File an action for interpleader. Interpleader is filed by a person against whom two conflicting claims made upon the same subject matter and which he claims no interest. The action is brought to the conflicting claimants to compel them to litigate with each other. Therefore, in order to know who has the right of the property interpleader should be filed.
7. File an action for indirect contempt. Such action is of criminal in nature. This conduct that is directed against the authority and dignity of the court or to a judge acting judicially. This is an act obstructing the administration of justice which bring the court to disrespect.
8. Declaratory relief is an action filed by a person who is interested of a deed, will, contract or any instrument, resolution or executive order, to determine any question of construction or arising from the instrument and for his declaration of his rights and duties.
An example of similar remedies are reformation of an instrument and quieting of title of real property. Reformation of an instrument is an action filed to reform a contract since such contract does not provide the real intention of the parties and there is a mistake or failure to disclose the ral agreement. Quieting of title is brought to remove clouds from the title.
9. Quo Warranto in Election laws is governed by Election laws; the issue is the eligibility or ineligibility of the person elected; the petitioner may be a voter even if he is not entitled to the office. Quo warranto in civil service laws is governed by the rules of court; the issue is the legality and illegality of the person occupying the office by reason of appointment; and the petitioner is the person claiming to be entitled of the office.
10. Judicial Foreclosure is governed by the Rules of Court; it involves filing of an independent action;there is no right of redemption; and recovery of the deficiency can be done by a mere motion for a deficiency judgment. Extrajudicial Foreclosure on the other hand is governed by a statute; does not require the filing of an action; there is a right of redemption; and the recovery of the deficiency is through an independent action.
It is better to have a judicial foreclosure since actions are done in the same proceedings.
Case Problem
The case should be in favor of spouses Balbosa. It is not disputed that this case is an unlawful detainer by mere tolerance. Unlawful detainer is an action to recover possession of real property who withholds possession after termination or expiration of a contract whether express or implied. The MTC has jurisdiction on the said case, since under the rules of court unlawful detainer and forcible entry is actionable in the Municipal Trial Courts. In unlawful detainer demand is necessary to vacate the property. Having done the necessary actions spouses Balbosa should recover the possession of the property.
For those occupants who are of government agencies or used by the government they have the right to file expropration for the right to use the property.
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