Ordinary Civil Actions Versus Special Civil Actions

7/21/2019 Ordinary Civil Actions Versus Special Civil Actions

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Ordinary civil actions versus special civil actions

(1) Although both types of actions are governed by the rules for ordinary civil

actions, there are certain rules that are applicable only to specic special civil

actions(Sec. 3[a, !ule 1). "he fact that an action is sub#ect to special rules other

than those applicable to ordinary civil actions is $hat %a&es a civil action special.

(') An ordinary civil action %ust be based on a cause of action (Sec. 1, !ule ').

"his %eans that the defendant %ust have perfor%ed an act or o%itted to do an act

in violation of the rights of another (Sec. ', !ule '). "hese denitions do not t the

reuire%ents of a cause of action in certain special civil actions. "he cause of action

as dened and reuired of an ordinary civil action nds no application to the special

civil action of declaratory declaratory relief. n nds no application also in a

co%plaint for interpleader. n this action, the plainti* %ay le a co%plaint even if he

has sustained no actual transgression of his rights. n fact, he actually has no

interest in the sub#ect %atter of the action. "his is not so in an ordinary civil action.

(3) Ordinary civil actions %ay be led initially in either the +" of the !"

depending upon the #urisdictional a%ount or the nature of the action involved. On

the other hand, there are special civil actions $hich can only be led in an +" li&e

the actions for forcible entry and unla$ful detainer. "here are also special civil

actions $hich cannot be co%%enced in the +", fore%ost of $hich are the petitions

forcertiorari, prohibition, and %anda%us.

(-) "he venue in ordinary civil actions is deter%ined by either the residence of

the parties $here the action is personal or by the location of the property $here the

action is real. "his dichoto%y does not al$ays apply to a special civil action. or

instance, the venue in a petition for uo $arranto i$ $here the Supre%e ourt orthe ourt of Appeals sits if the petition is co%%enced in any of these courts and

$ithout ta&ing into consideration $here the parties reside. t is only $hen the

petition is lodged $ith the !" that the residence is considered in venue analysis.

/hile in ordinary civil actions the residences of both the plainti* and the defendant

are factored in the deter%ination, a petition for uo $arranto failed in the !"

%erely loo&s into the residence of the respondent, not that of the petitioner. 0ut if it

is the Solicitor eneral $ho co%%ences the action, another special rule is follo$ed

because the petition %ay only be co%%enced in the !" in +anila, in the ourt of

Appeals or in the Supre%e ourt.

(2) /hile ordinary civil actions $hen led are deno%inated as co%plaints4, so%especial civil actions are not deno%inated as such but petitions4.

(a) Special civil actions initiated by ling of a 5etition6

7eclaratory relief other than si%ilar re%edies8

!evie$ of ad#udication of the O+9:9 and OA8


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ertiorari, prohibition and %anda%us8

;uo $arranto8 and

onte%pt

(b) Special civil actions initiated by ling of a o%plaint6

nterpleader8

9[1, 05 1'>8 Sec. 1, !ule ?3). t $ould be error to le the petition $ith the

Supre%e ourt $hich has no original #urisdiction to entertain a petition for

declaratory relief(@ntied !esidents of 7o%inican ill vs. o%%ission on the

Settle%ent of :and 5roble%s, 323 S!A BC'8 Ortega vs. ;ueDon ity overn%ent,

-?> S!A 3CC).

nterpleader (!ule ?')

(1) nterpleader is a person $ho has property in his possession or an obligation to

render, $holly or partially $ithout clai%ing any right therein, or an interest in $hich

in $hole or in part is not disputed by the clai%ants, co%es to court and as&s that

the persons $ho consider the%selves entitled to de%and co%pliance $ith the

obligation be reuired to litigate a%ong the%selves in order to deter%ine nally

$ho is entitled to the sa%e.

(') nterpleader is a special civil action led by a person against $ho% t$oconEicting clai%s are %ade upon the sa%e sub#ect %atter and over $hich he clai%s

no interest, to co%pel the clai%ants to interplead and to litigate their conEicting

clai%s a%ong the%selves (Sec. 1).

!euisites for interpleader


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(1) "here %ust be t$o or %ore clai%ants $ith adverse or conEicting interests to a

property in the custody or possession of the plainti*8

(') "he plainti* in an action for interpleader has no clai% upon the sub#ect %atter

of the adverse clai%s or if he has an interest at all, such interest is not disputed by

the clai%ants8

(3) "he sub#ect %atter of the adverse clai%s %ust be one and the sa%e8 and

(-) "he parties i%pleaded %ust %a&e e*ective clai%s.

/hen to le

(1) /henever conEicting clai%s upon the sa%e sub#ect %atter are or %ay be

%ade against a person $ho clai%s no interest $hatever in the sub#ect %atter, or an

interest $hich in $hole or in part is not disputed by the clai%ants, he %ay bring anaction against the conEicting clai%ants to co%pel the% to interplead and litigate

their several clai%s a%ong the%selves (Sec. 1).

7eclaratory !eliefs and Si%ilar !e%edies (!ule ?3)

(1) An action for declaratory relief is brought to secure an authoritative state%ent

of the rights and obligations of the parties under a contract or a statute for their

guidance in the enforce%ent or co%pliance $ith the sa%e (+eralco vs. 5hilippine

onsu%ers oundation, 3B- S!A '?'). "hus, the purpose is to see& for a #udicial

interpretation of an instru%ent or for a #udicial declaration of a personFs rights

under a statute and not to as& for aGr%ative reliefs li&e in#unction, da%ages or any

other relief beyond the purpose of the petition as declared under the !ules.

(') "he sub#ect %atter in a petition for declaratory relief is any of the follo$ing6

(a) 7eed8

(b) /ill8

(c) ontract or other $ritten instru%ent8

(d) Statute8

(e) 9


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(3) "he petition for declaratory relief is led before there occurs any breach or

violation of the deed, contract, statute, ordinance or e


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(B) "he party see&ing the relief has legal interest in the controversy8 and

(C) Adeuate relief is not available thru other %eans.

(>) Stated other$ise, the reuisites are6

(a) "here %ust be a #usticiable controversy8

(b) "he controversy %ust be bet$een persons $hose interests are adverse8

(c) "he party see&ing the relief %ust have legal interest in the controversy8 and

(d) "he issue is ripe for #udicial deter%ination (!epublic vs. Orbecido , -B' S!A

11-).

/hen court %ay refuse to %a&e #udicial declaration

(1) rounds for the court to refuse to e


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(') Ordinary civil action J plainti* alleges that his right has been violated by the

defendant8 #udg%ent rendered is coercive in character8 a $rit of e


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(a) Si%ple donation inter vivos $herein no condition is i%posed8

(b) /ills8 or

(c) /hen the agree%ent is void (Art. 1???, ).

onsolidation of o$nership

(1) "he concept of consolidation of o$nership under Art. 1?IB, ivil ode, has its

origin in the substantive provisions of the la$ on sales. @nder the la$, a contract of

sale %ay be e) or conventional

rede%ption (Art. 1?I1). :egal rede%ption (retracto legal) is a statutory %andated

rede%ption of a property previously sold. or instance, a coKo$ner of a property

%ay e


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therein. t %ay also be brought as a preventive re%edy to prevent a cloud fro%

being cast upon title to real property or any interest therein (Art. -B?).

(') "he plainti* need not be in possession of the real property before he %ay

bring the action as long as he can sho$ that he has a legal or an euitable title to

the property $hich is the sub#ect %atter of the action (Art. -BB).

!evie$ of =udg%ents and inal Orders or !esolution of the O+9:9 and OA (!ule

?-)

(1) A #udg%ent or nal order or resolution of the o%%ission on 9lections and the

o%%ission on Audit %ay be brought by the aggrieved party to the Supre%e ourt

on certiorari under !ule ?2 (Sec. '). "he ling of a petition for certiorari shall not

stay the e


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(b) ling an ans$er after denial or service of a bill of particulars8

(c) ling an special civil action for certiorari fro% a decision of the o%elec or

oA after denial of a +f! or +H". t does not apply to ling appeal fro% decisions of

other entities after denial of a +f! or +H". n such cases, either the parties have a

fresh 12 days, or the balance.

Application of !ule ?2 under !ule ?-

(1) Sec. B, Art. LKA of the onstitution reads, unless other$ise provided by the

onstitution or by la$, any decision, order or ruling of each co%%ission %ay be

brought to the Supre%e ourt on certiorari by the aggrieved party $ithin 3I days

fro% receipt of a copy thereof.4 "he provision $as interpreted by the Supre%e ourt

to refer to certiorari under !ule ?2 and not appeal by certiorari under !ule -2

(Aratuc vs. O+9:9, CC S!A '218 7ario vs. +ison, 1B? S!A C-). "o i%ple%ent

the above constitutional provision, the S pro%ulgated !ule ?-.

7istinction in the application of !ule ?2 to #udg%ents of the O+9:9 and OA and

the application of !ule ?2 to other tribunals, persons and oGcers

!ule ?- !ule ?2

7irected only to the #udg%ents, nal orders or resolutions of the O+9:9 and OA8

7irected to any tribunal, board or oGcers e


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(1) ertiorari is a re%edy for the correction of errors of #urisdiction, not errors of

#udg%ent. t is an original and independent action that $as not part of the trial that

had resulted in the rendition of the #udg%ent or order co%plained of. +ore

i%portantly, sine the issue is #urisdiction, an original action for certiorari %ay be

directed against an interlocutory order of the lo$er court prior to an appeal fro% the

#udg%ent (He$ rontier Sugar orp. vs. !" of loilo, ! 1?2II1, =an. 31, 'IIB).

(') /here the error is not one of #urisdiction, but of la$ or fact $hich is a %ista&e

of #udg%ent, the proper re%edy should be appeal. ence, if there $as no uestion

of #urisdiction involved in the decision and $hat $as being uestioned $as %erely

the ndings in the decision of $hether or not the practice of the other party

constitutes a violation of the agree%ent, the %atter is a proper sub#ect of appeal,

not certiorari(entro 9scolar @niversity aculty and Allieid /or&ers @nion vs. A, !

1?2-C?, +ay 31, 'II?).

(3) iling of petition for certiorari does not interrupt the course of the principal

action nor the running of the regle%entary periods involved in the proceeding,unless an application for a restraining order or a $rit of preli%inary in#unction to the

appellate court is granted (Sec. B). Heither does it interrupt the regle%entary period

for the ling of an ans$er nor the course of the case $here there is no $rit of

in#unction (5eople vs. Al%endras, -I1 S!A 222).

(-) n a su%%ary proceeding, petitions for certiorari, prohibition or

%anda%usagainst an interlocutory order of the court are not allo$ed (Sec. 1>,

!!S5).

(2) ertiorari is not and cannot be %ade a substitute for an appeal $here the

latter re%edy is available but $as lost through fault or negligence. "he re%edy toobtain a reversal of #udg%ent on the %erits is appeal. "his holds true even if the

error ascribed to the lo$er court is its lac& of #urisdiction over the sub#ect %atter, or

the e


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(e) /hen the uestioned order a%ounts to an oppressive e


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#urisdiction, or $ith grave abuse of discretion 5erson %ust have neglected a

%inisterial duty or e


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of the defendant to perfor% the act, $hich is %inisterial and not discretionary,

because the sa%e is %andated by la$8

"here is no appeal or any plain, speedy and adeuate re%edy in the ordinary course

of la$."here is no appeal or any plain, speedy and adeuate re%edy in the ordinary

course of la$. "he defendant unla$fully neglects the perfor%ance of the dutyen#oined by la$8

Acco%panied by a certied true copy of the #udg%ent or order sub#ect of the

petition, copies of all pleadings and docu%ents relevant and pertinent thereto, and

s$orn certication of nonKforu% shopping under !ule -?. Acco%panied by a

certied true copy of the #udg%ent or order sub#ect of the petition, copies of all

pleadings and docu%ents relevant and pertinent thereto, and s$orn certication of

nonKforu% shopping under !ule -?. "here is no appeal or any plain, speedy and

adeuate re%edy in the ordinary course of la$.

n#unctive relief

(1) "he court in $hich the petition is led %ay issue orders e


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See&s to revie$ nal #udg%ents or nal orders8 +ay be directed against an

interlocutory order of the court or $here not appeal or plain or speedy re%edy

available in the ordinary course of la$

!aises only uestions of la$8 !aises uestions of #urisdiction because a tribunal,

board or oGcer e


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5rohibition +anda%us n#unction

5rohibition is an e


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9


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ourt of Appeals only f the petition involves an act or an o%ission of a uasiK

#udicial agency, unless other$ise provided by la$ or rules

ourt of Appeals or the Sandiganbayan /hether or not in aid of appellate

#urisdiction

o%%ission on 9lections n election cases involving an act or an o%ission of an

+" or !"

As a%ended by A+ Ho. IBKBK1'KS, 7ec. 1', 'IIB

(1) A petition for certiorari %ust be based on #urisdictional grounds because as

long as the respondent acted $ith #urisdiction, any error co%%itted by hi% or it in

the e and 13>K0.

;uo /arranto (!ule ??)

(1) ;uo $arranto is a de%and %ade by the state upon so%e individual or

corporation to sho$ by $hat right they e


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7istinguish fro% ;uo /arranto in the O%nibus 9lection ode

;uo /arranto (!ule ??) ;uo /arranto (9lection ode)

Sub#ect of the petition is in relation to an appointive oGce8 Sub#ect of thepetition is in relation to an elective oGce8

"he issue is the legality of the occupancy of the oGce by virtue of a legal

appoint%ent8 rounds relied upon are6 (a) ineligibility to the position8 or (b)

disloyalty to the !epublic.

5etition is brought either to the Supre%e ourt, the ourt of Appeals or the !egional

"rial ourt8 +ay be instituted $ith the O+9:9 by any voter contesting the

election of any %e%ber of ongress, regional, provincial or city oGcer8 or to the

+e", +" or +" if against any barangay oGcial8

iled $ithin one (1) year fro% the ti%e the cause of ouster, or the right of the

petitioner to hold the oGce or position arose8 iled $ithin ten (1I) days after the

procla%ation of the results of the election8

5etitioner is the person entitled to the oGce8 5etitioner %ay be any voter even if he

is not entitled to the oGce8

"he court has to declare $ho the person entitled to the oGce is if he is the

petitioner. /hen the tribunal declares the candidateKelect as ineligible, he $ill be

unseated but the person occupying the second place $ill not be declared as the one

duly elected because the la$ shall consider only the person $ho, having duly led

his certicate of candidacy, received a plurality of votes.

/hen govern%ent co%%ence an action against individuals

(1) ;uo $arranto is co%%enced by a veried petition brought in the na%e of the

overn%ent of the !epublic of the 5hilippines by the Solicitor eneral, or in so%e

instances, by a public prosecutor (Secs. ' and 3). /hen the action is co%%enced by

the Solicitor eneral, the petition %ay be brought in the !egional "rial ourt of the

ity of +anila, the ourt of Appeals or the Supre%e ourt (Sec. B).

(') An action for the usurpation of a public oGce, position or franchise %ay be

co%%enced by a veried petition brought in the na%e of the !epublic of the

5hilippines thru the Solicitor eneral against6

(a) A person $ho usurps, intrudes into, or unla$fully holds or e


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(b) A public oGcer $ho does or su*ers an act $hich, by the provision of la$,

constitutes a ground for the forfeiture of his oGce8

(c) An association $hich acts a corporation $ithin the 5hilippines $ithout being

legally incorporated or $ithout la$ful authority so to act (Sec. 1).

/hen individual %ay co%%ence an action

(1) "he petition %ay be co%%enced by a private person in his o$n na%e $here

he clai%s to be entitled to the public oGce or position alleged to have been usurped

or unla$fully held or e


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(1) An e


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(1) O%nibus +otion !ule N Sub#ect to the provisions of Sec. 1, !ule >, a %otion

attac&ing a pleading, order, #udg%ent or proceeding shall include all ob#ections then

available, and all ob#ections not so included shall be dee%ed $aived (Sec. C, !ule

12).

(') f a defendant has no ob#ection or defense to the action or the ta&ing of hisproperty, he %ay le and serve a notice of appearance and a %anifestation to that

e*ect, specically designating or identifying the property in $hich he clai%s to be

interested, $ithin the ti%e stated in the su%%ons. "hereafter, he shall be entitled

to notice of all proceedings a*ecting the sa%e.

f a defendant has any ob#ection to the ling of or the allegations in the co%plaint,

or any ob#ection or defense to the ta&ing of his property, he shall serve his ans$er

$ithin the ti%e stated in the su%%ons. "he ans$er shall specically designate or

identify the property in $hich he clai%s to have an interest, state the nature and

e


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(1) "he order of e


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the public use or purpose of the property ta&en, the operation of its franchise by the

corporation or the carrying on of the business of the corporation or person ta&ing

the property. 0ut in no case shall the conseuential benets assessed e


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9*ect of recording of #udg%ent

(1) "he #udg%ent entered in e


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(') "he #udg%ent of the court on the above %atters is considered a nal

ad#udication of the case and hence, is sub#ect to challenge by the aggrieved party

by appeal or by other postK#udg%ent re%edies.

(3) "he period granted to the %ortgagor for the pay%ent of the a%ount found

due by the court is not #ust a procedural reuire%ent but s substantive right givenby la$ to the %ortgagee as his rst chance to save his property fro% nal

disposition at the foreclosure sale (7e :eon vs. baeD, >2 5hil. 11>).

Sale of %ortgaged property8 e*ect

(1) "he conr%ation of the sale shall divest the rights in the property of all

parties to the action and shall vest their rights in the purchaser, sub#ect to such

rights of rede%ption as %ay be allo$ed by la$ (Sec. 3). "he title vests in the

purchaser upon a valid conr%ation of the sale and retroacts to the date of sale

(ri%alt vs. PasueD, 3? 5hil. 3>?).

(') "he i%port of Sec. 3 includes one vital e*ect6 "he euity of rede%ption of the

%ortgagor or rede%ptioner is cutKo* and there $ill be no further rede%ption, unless

allo$ed by la$ (as in the case of ban&s as %ortgagees). "he euity of rede%ption

starts fro% the ninetyKday period set in the #udg%ent of the court up to the ti%e

before the sale is conr%ed by an order of the court. once conr%ed, no euity of

rede%ption %ay further be e


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7eciency #udg%ent

(1) f there be a balance due to the plainti* after applying the proceeds of the

sale, the court, upon %otion, shall render #udg%ent against the defendant for any

such balance. 9


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0uyer at public auction beco%es absolute o$ner only after nality of an action for

consolidation of o$nership8 0uyer at public auction beco%es absolute o$ner

only after conr%ation of the sale8

+ortgagee is given a special po$er of attorney in the %ortgage contract to

foreclose the %ortgaged property in case of default. +ortgagee need not begiven a special po$er of attorney.

9uity of rede%ption versus right of rede%ption

9uity of !ede%ption !ight of !ede%ption

"he right of defendant %ortgagor to eI to 1'I days after the entry of #udg%ent

or even after the foreclosure sale but prior to conr%ation. A right granted to

a debtor %ortgagor, his successor in interest or any #udicial creditor or #udg%entcreditor or any person having a lien on the property subseuent to the %ortgage or

deed of trust under $hich the property is sold to repurchase the property $ithin one

year even after the conr%ation of the sale and even after the registration of the

certicate of foreclosure sale.

+ay be e


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rede%ption is e


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(1) "he plainti* shall state in his co%plaint, the nature and e


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Sec. 3. o%%issioners to %a&e partition $hen parties fail to agree. N f the parties

are unable to agree upon the partition, the court shall appoint not %ore than three

(3) co%petent and disinterested persons as co%%issioners to %a&e the partition,

co%%anding the% to set o* to the plainti* and to each party in interest such part

and proportion of the property as the court shall direct.

Sec. -. Oath and duties of co%%issioners. N 0efore %a&ing such partition, the

co%%issioners shall ta&e and subscribe an oath that they $ill faithfully perfor%

their duties as co%%issioners, $hich oath shall be led in court $ith the other

proceedings in the case. n %a&ing the partition, the co%%issioners shall vie$ and

e


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e*ectuate a fair and #ust partition of the real estate, or of its value, if assigned or

sold as above provided, bet$een the several o$ners thereof

=udg%ent and its e*ects

(1) "he #udg%ent shall state denitely, by %etes and bounds and adeuate

description, the particular portion of the real estate assigned to each party, the

e*ect of the #udg%ent shall be to vest in each party to the action in severalty the

portion of the real estate assigned to hi%.

(') f the $hole property is assigned to one of the parties upon his paying to the

others the su% or su%s ordered by the court, the #udg%ent shall state the fact of

such pay%ent and of the assign%ent of the real estate to the party %a&ing the

pay%ent, and the e*ect of the #udg%ent shall be to vest in the party %a&ing the

pay%ent the $hole of the real estate free fro% any interest on the part of the other

parties to the action.

(3) f the property is sold and the sale conr%ed by the court, the #udg%ent shall

state the na%e of the purchaser or purchasers and a denite description of the

parcels of real estate sold to each purchaser, and the e*ect of the #udg%ent shall beto vest the real estate in the purchaser or purchasers %a&ing the pay%ent or

pay%ents, free fro% the clai%s of any of the parties to the action.

(-) A certied copy of the #udg%ent shall in either case be recorded in the

registry of deeds of the place in $hich the real estate is situated, and the e


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5artition of personal property

(1) "he provisions of this !ule shall apply to partitions of estates co%posed of

personal property, or of both real and personal property, in so far as the sa%e %ay

be applicable (Sec. 13).

5rescription of action

(1) 5rescription of action does not run in favor of a coKo$ner or coKheir against his

coKo$ner or coKheirs as long as there is a recognition of the coKo$nership e-).

(') "he action for partition cannot be barred by prescription as long as the coK

o$nership e


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"he possession of the defendant is unla$ful fro% the beginning8 issue is $hich party

has prior de facto possession8 "he possession of the defendant is la$ful fro% the

beginning beco%es illegal by reason of the e


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(') n actions for forcible entry, t$o allegations are %andatory for the +" to

acuire #urisdiction6 (a) plainti* %ust allege his prior physical possession of the

property8 and (b) he %ust also allege that he $as deprived of his possession by

force, inti%idation, strategy, threat or stealth. f the alleged dispossession did not

occur by any of these %eans, the proper recourse is to le not an action for forcible

entry but a plenary action to recover possession (0enguet orp. ordillera araballo+ission, ! 1223-3, Sept. ', 'II2).

(3) 0oth actions %ust be brought $ithin one year fro% the date of actual entry on

the land, in case of forcible entry, and fro% the date of last de%and, in case of

unla$ful detainer (PaldeD vs. A, ! 13'-'-, +ay ', 'II?).

(-) =urisdiction is deter%ined by the allegations of the co%plaint. "he %ere

raising of the issue of tenancy does not auto%atically divest the court of #urisdiction

because the #urisdiction of the court is deter%ined by the allegations of the

co%plaint and is not dependent upon the defenses set up by the defendant (+arino,

=r. vs. Ala%is, -2I S!A 1>C ['II2).

/ho %ay institute the action and $hen8 against $ho% the action %ay be

%aintained

(1) Sub#ect to the provisions of the ne


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(1) "he only pleadings allo$ed to be led are the co%plaint, co%pulsory

counterclai% and crossKclai% pleaded in the ans$er, and the ans$ers thereto. All

pleadings shall be veried (Sec. -).

Action on the co%plaint

(1) "he court %ay, fro% an e


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(1) "he assertion by the defendant of o$nership over the disputed property does

not serve to divest the inferior court of its #urisdiction. "he defendant cannot

deprive the court of #urisdiction by %erely clai%ing o$nership of the property

involved (!ural 0an& of Sta. gnacia vs. 7i%atulac, -I1 S!A B-'8 5ereD vs. ruD,

-I- S!A -CB). f the defendant raises the uestion of o$nership and the issue of

possession cannot be resolved $ithout deciding the uestion of o$nership, theissue of o$nership shall be resolved only to deter%ine the issue of possession (Sec.

3, !A B?>1).

(') /hen the defendant raises the issue of o$nership, the court %ay resolve the

issue of o$nership only under the follo$ing conditions6

(a) /hen the issue of possession cannot be resolved $ithout resolving the issue

of o$nership8 and

(b) "he issue of o$nership shall be resolved only to deter%ine the issue of

possession (Sec. 1?).

Such #udg%ent $ould not bar an action bet$een the sa%e parties respecting title to

the land or building. "he resolution of the +e" on the o$nership of the property is

%erely provisional or interlocutory. Any uestion involving the issue of o$nership

should be raised and resolved in a separate action brought specically to settle the

uestion $ith nality (!oberts vs. 5apio, ! 1??B1-, eb. >, 'IIB).

o$ to stay the i%%ediate e


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(c) /here there is no co%pelling urgency for the e


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(') onte%pt of court is disobedience to the court by acting in opposition to its

authority, #ustice and dignity. t signies not only a $illful disregard or disobedience

of the courtFs orders but also conduct tending to bring the authority of the court and

the ad%inistration of la$ into disrepute or, in so%e %anner to i%pede the due

ad%inistration of #ustice (Siy vs. H:!, ! 12C>B1, Ausg. '2, 'II2).

(3) "he reason for the po$er to punish for conte%pt is that respect of the courts

guarantees the stability of their institution. /ithout such guarantee, said institution

$ould be resting on sha&y foundation (orne#o vs."an, C2 5hil. BB').

(-) t is inherent in all courts8 its e


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7irect onte%pt ndirect onte%pt

n general is co%%itted in the presence of or so near the court or #udge as to

obstruct or interrupt the proceedings before it8 t is not co%%itted in the

presence of the court, but done at a distance $hich tends to belittle, degrade,

obstruct or e%barrass the court and #ustice8

Acts constituting direct conte%pt are6

a) +isbehavior in the presence of or so near the court as to obstruct or interrupt

the proceedings before it8

b) 7isrespect to$ard the court8

c) O*ensive personalities to$ards others8

d) !efusal to be s$orn as a $itness or to ans$er as a $itness8

e) !efusal to subscribe an aGdavit or deposition $hen la$fully reuired to do so

(Sec. 1)8

f) Acts of a party or a counsel $hich constitute $illful and deliberate foru%

shopping (Sec. 1, !ule B)8

g) @nfounded accusations or allegations or $ords in a pleading tending to

e%barrass the court or to bring it into disrepute (!e6 :etter dated '1 eb. 'II2 of

Atty. Hoel Sorreda, -?- S!A 3')8 Acts constituting indirect conte%pt are6

(a) +isbehavior an oGcer of a court in the perfor%ance of his oGcial duties or in his

oGcial transactions8

(b) 7isobedience of or resistance to a la$ful $rit, process, order, or #udg%ent of a

court, including the act of a person $ho, after being dispossessed or e#ected fro%

any real property by the #udg%ent or process of any court of co%petent #urisdiction,

enters or atte%pts or induces another to enter into or upon such real property, for

the purpose of e


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(f) ailure to obey a subpoena duly served8

(g) "he rescue, or atte%pted rescue, of a person or property in the custody of an

oGcer by virtue of an order or process of a court held by hi% (Sec. 3)8

!e%edy against direct conte%pt8 penalty

(1) "he penalty for direct conte%pt depends upon the court $hich the act $as

co%%itted8

(a) f the act constituting direct conte%pt $as co%%itted against an !" or a

court of euivalent or higher ran&, the penalty is a ne not e


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Aside fro% the applicable penalties, if the conte%pt consists in the violation of a

$rit of in#unction, "!O or status uo order, he %ay also be ordered to %a&e

co%plete restitution to the party in#ured by such violation of the property involved

or such a%ount as %ay be alleged and proved (Sec. B)8

(c) /here the act $as co%%itted against a person or entity e


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enters or atte%pts or induces another to enter into or upon such real property, for

the purpose of e


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(') ;uasiK#udicial bodies that have the po$er to cite persons for indirect conte%pt

can only do so by initiating the% in the proper !". t is not $ithin their #urisdiction

and co%petence to decide the indirect conte%pt cases. "he !" of the place $here

conte%pt has been co%%itted shall have #urisdiction over the charges for indirect

conte%pt that %ay be led (Sec. 1').

Documents

Ordinary Civil Actions Versus Special Civil Actions