Examination Gilaga, Charles Adrianne

Gilaga, Charles Adrianne C.                                                                                       Special Civil Action

 

1.)    Rule 65 falls under the special civil action because it can only be availed if there is no other appeal, or a plain, speedy, and adequate remedy, it is not a mode of appeal, it can only be availed if there is a grave abuse of discretion amounting to lack or excess of jurisdiction, the issue raised is jurisdictional error and not error of judgment, and that the pleadings need to be verified.

2.)     

 

a.       Immutability of a final judgment is a principle in which a final judgment, however erroneous, can no longer be subject to change or revision. A decision which acquired finality becomes immutable and cannot be altered.

b.      The exception to the rule of Immutability of a final judgment are, corrections of clerical errors, nunc pro tunc entries which does not prejudice any party, and void judgments.

c.        No. It is not one of the exceptions to the rule of Immutability of a final judgment.

 

3.)    I would file a petition for certiorari under rule 65 for grave abuse of discretion on the part of the CA when it acquitted Cruz, Uy and Keung. I would claim that my client’s testimony was disregarded and that the CA relied only on the evidence presented by the defense.

 

4.)    The two kinds of contempt are direct and indirect contempt. Direct contempt is committed when a person is guilty of misbehavior in a court which would obstruct or interrupt the proceedings, while indirect contempt is one which is committed out of the presence of the court.  

Quo warranto in election cases can be filed by a voter contesting the election, the issue here is the eligibility or ineligibility of the person elected, while on quo warranto on civil service laws the issue is the legality or illegality of the occupancy of the office.

 

5.)    Local government units have no inherent power of eminent domain, however the law provides on how a local government unit can exercise the power of eminent domain. For a LGU to exercise eminent domain there must be an ordinance enacted to exercise the power of eminent domain, and that it is for public use, and purpose, and for a payment of just compensation.

 

In this case, I would act an ordinance to exercise the power of eminent domain for the construction of a public market, and pay Maria a just compensation.

 

6.)    The Police officer can file an action of interpleader. In an action of interpleader it must be filed by a person against whom two conflicting claims are made upon the same subject matter of which he has no interest.

In this case the Police officer has no interest on the subject matter which the registered owner and the bank claims. He can file an action of interpleader and to consign the car to the court and ask the court to be dismissed and be relieved from any liability.

7.)    I would charge Atty. Sy for indirect criminal contempt. Criminal contempt is committed when the conduct directed is against the authority and dignity of the court or a judge acting judicially. In a criminal contempt the purpose of which is to vindicate the dignity and authority of the court.

 

8.)    Declaratory relief is an action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to question the construction or validity of such instruments. Example of similar remedies are, an action for the reformation of an instrument, action for quieting of title to real property, and action for consolidation of ownership.

 

Instances in which the court cannot use declaratory relief as a special civil action are, when a decision would not terminate the uncertainty or controversy of the action, and when the declaration or construction is not necessary and proper.

 

 

9.)    Quo warranto was proper in the case of Sereno. The Supreme Court ruled that impeachment is not an exclusive remedy to be remove an invalidly appointed or invalidly elected impeachable official from office.

 

The Supreme Court ruled that the provision on the Constitution provides for the word “may” which is discretionary and not mandatory.

 

10.)  Extrajudicial foreclosure is a mode in which there is a special power inserted in or attached to the real estate mortgage contract, while if there is none such foreclosure shall be done judicially.

Extrajudicial foreclosure is more convenient and efficient, because in a extrajudicial foreclosure there is a right of redemption even after the foreclosure or even if there the property attached has been sold and registered.

 

 

 

Case Problem.

 

In ejectment cases, courts will only resolve the issue of ownership provisionally if the issue of possession cannot be resolved without passing upon it. In forcible entry and unlawful detainer cases, even if the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership.

 

The only question that the courts resolve in ejectment proceedings is: who is entitled to the physical possession of the premises, that is, to the possession de facto and not to the possession de Jure. It does not even matter if a party's title to the property is questionable.

 

WHEREFORE, the Petition is GRANTED.