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Injunction defined.
SEC. 162. Injunction defined. — An injunction is a writ or order requiring a person to refrain from a particular act. It may be of two kinds: 1. A preliminary injunction is one granted at any stage of an action prior to final judgment; 2. A final injunction is one granted in the final judgment as the relief, or a part of the relief, granted as the result of the action.
Who may grant an injunction.
SEC. 163. Who may grant an injunction. — A preliminary injunction may be granted by any judge of the Supreme Court in any action pending in the Supreme Court or in a Court of First Instance of any province in the Islands. It may also be granted by a judge of a Court of First Instance in an action pending in the district in which he has original jurisdiction.
Circumstances under which a preliminary injunction may be granted.
SEC. 164. Circumstances under which a preliminary injunction may be granted. — A preliminary injunction may be granted when it is established, in the manner hereinafter provided, to the satisfaction of the judge granting it: 1. That the plaintiff is entitled to the relief demanded and such relief, or any part thereof, consists in restraining the commission or continuance of the acts complained of either for a limited period or perpetually; 2. That the commission or continuance of some act complained of during the litigation would probably work injustice to the plaintiff; 3. That the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act probably in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual.
Time of granting preliminary injunction.
SEC. 165. Time of granting preliminary injunction. — A preliminary injunction may be granted at any time after the commencement of the action and before final judgment.
Method of obtaining preliminary injunction.
SEC. 166. Method of obtaining preliminary injunction. — A preliminary injunction may be granted only when the following conditions are complied with: 1. The complaint must show facts entitling the plaintiff to the relief demanded; 2. The complaint must be verified by the oath of the plaintiff or by that of some other person by him duly authorized and who can testify to the truth of the facts set forth in the complaint; 3. The plaintiff must file with the clerk of the court in which the action is pending a written obligation on the part of the plaintiff, with sufficient sureties, to the effect that the plaintiff will pay to the party enjoined all such damages as such party may sustain by reason of the injunction, if the court should finally decide that the plaintiff was not entitled thereto. The sufficiency of the obligation must be approved in writing by the judge granting the injunction, and before approval he shall require such proof as is necessary in regard to the sufficiency of the sureties. The sureties, by executing the obligation, become quasi parties to the proceeding, so that a judgment may be rendered against them without further notice.
Proceedings in case of insufficiency of sureties.
SEC. 167. Proceedings in case of insufficiency of sureties. — If it shall be made to appear at any time during the progress of the action that the sureties on the obligation provided in the last section are insufficient, the judge of the court in which the action is pending may, upon motion, order new sureties to be provided, and that, if no sureties are provided within a time fixed by the order of the court for that purpose, the injunction shall be dissolved.
Notice to defendant of preliminary injunction.
SEC. 168. Notice to defendant of preliminary injunction. — The injunction hereinbefore provided may be granted ex parte on the application of the plaintiff, on the conditions before stated, but if the judge to whom application is made for the granting of the injunction deems it just that the defendant should be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted, and the defendant may then and there be heard and the injunction may be granted or refused as justice shall require. If upon such hearing it should be made to appear to the satisfaction of the court that the plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation would entail great damage upon the defendant, and that the plaintiff could be fully compensated for such damages as he might suffer, the judge may refuse the injunction, upon the defendant giving an obligation with sureties to be approved by the judge in such amount as may be fixed by the judge, conditioned that the defendant will pay all damages which the plaintiff may suffer by reason of the continuance during the litigation of the acts complained of.
Dissolution of temporary injunction.
SEC. 169. Dissolution of temporary injunction. — If a temporary injunction be granted without notice, the defendant, at any time before the trial, may apply, upon reasonable notice to the adverse party, to the judge who granted the injunction, or to the judge of the court in which the action was brought, to dissolve or modify the same. The application may be based upon the insufficiency of the complaint on which the injunction was granted or upon affidavit on the part of the defendant, with or without an answer. If the application be made upon affidavits upon the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence to substantiate the facts set forth in the complaint, and the judge shall, after hearing, dissolve or modify or continue the injunction as justice may require. If it be made to appear to the judge that great damage will be suffered by the defendant in case the injunction is continued and that the plaintiff can be fully compensated for any damages he may suffer by reason of the continuance of the acts of the defendant during the pendency of the litigation, the judge, in his discretion, may dissolve or modify the injunction, upon the defendant giving an obligation, with sureties to be approved by the judge, that the defendant will pay all damages which the plaintiff may suffer by reason of the continuance during the litigation of the acts complained of.
Damages pending a preliminary injunction.
SEC. 170. Damages pending a preliminary injunction. — Upon final trial the amount of damages to be awarded to the plaintiff or to the defendant upon the obligations provided in sections one hundred and sixty-six, one hundred sixty-seven, one hundred and sixty-eight, and one hundred and sixty-nine shall be ascertained by the court trying the action, and judgment for the same shall be included in the final judgment and the judgment shall be both against the plaintiff and against the sureties upon any obligation given under the provisions of any of the last four sections.
Final injunctions.
SEC. 171. Final injunctions. — If upon the final trial of the action it shall appear that the plaintiff is entitled to an injunction perpetually restraining the commission or continuance of the act complained of, the court shall grant a final injunction perpetually restraining the defendant from continuing the act.
Method of enforcing injunctions.
SEC. 172. Method of enforcing injunctions. — A person violating an injunction shall be treated as in contempt of court and dealt with as hereinafter provided under the head of "Contempt." RECEIVERS
Receivers, who may appoint.
SEC. 173. Receivers, who may appoint. — A judge of the Supreme Court, or a judge of the Court of First Instance in which the action is pending, may appoint one or more receivers of the property, real, personal, or mixed, which is the subject of the action, in the manner and under the conditions hereinafter provided.
When a receiver may be appointed.
SEC. 174. When a receiver may be appointed. — A receiver may be appointed in the following cases: 1. When a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights; 2. Where it is made to appear by the complaint or answer, and by such other proof as the judge may require, that the party making the application for the appointment of receiver has an interest in the property or fund which is the subject of the action and it is shown that the property or fund is in danger of being lost, removed, or materially injured unless a receiver shall be appointed to guard and preserve it; 3. In an action by the mortgagee for the foreclosure of the mortgage, where it appears that the property is in danger of being wasted or materially injured, and that its value is probably insufficient to discharge the mortgage debt; 4. Whenever in other cases it shall be made to appear to the court that the appointment of a receiver is the most convenient and feasible means of preserving and administering the property which is the subject of litigation during the pendency of the action.
General powers of a receiver.
SEC. 175. General powers of a receiver. — The receiver shall have, under the control of the court in which the action is pending, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property in controversy; to receive rent, to collect debts due to himself as receiver, or to the fund, property, estate, person, or corporation of which he is receiver; to compound for and compromise the same; to make transfers; and generally to do such acts respecting the property as the court may authorize.
Receivers of a corporation.
SEC. 176. Receivers of a corporation. — When a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights, the Court of First Instance of the province where the corporation has its principal place of business may, on complaint of a creditor of the corporation, or a stockholder or member thereof, appoint a receiver to take charge of its estate and effects, and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the money and other properties that shall remain over among the stockholders or members.
Obligations for damages on appointment of receiver.
SEC. 177. Obligations for damages on appointment of receiver. — If a receiver be appointed upon an ex parte application, the court, before making the order, may require from the plaintiff or person filing the application for such appointment, an obligation with sufficient sureties, to be approved by the court, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant in the application all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant shall have procured such appointment without sufficient cause; and the court may, in its discretion, at any time after the appointment, require an additional obligation as further security for such damages. The damages, if any, shall be ascertained by the court and, in its final judgment in the action, shall be decreed against the plaintiff and the sureties on the obligation.
Oath and obligation of receivers.
SEC. 178. Oath and obligation of receivers. — Before entering upon his duties, the receiver must be sworn to perform them faithfully, and with one or more sureties approved by the court or judge, execute an obligation to such person and in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of receiver in the action and obey the orders of the court therein.
Funds in the hands of receiver.
SEC. 179. Funds in the hands of receiver. — Funds in the hands of a receiver may be invested upon interest by order of the court; but no such order shall be made except upon the written consent of all the parties to the action.
Termination of receivership.
SEC. 180. Termination of receivership. — Whenever the court, of its own motion, or on that of either party, shall determine, after due notice and hearing, that the necessity for a receiver no longer exists, it shall, on notice and hearing, settle the accounts of the receiver, direct the payment of the funds in his hands, and the delivery of the property by him held, to such persons as shall be adjudged entitled to receive them, and order his discharge from further duties as receiver. PARTITION OF REAL ESTATE
Partition of real estate.
SEC. 181. Partition of real estate. — A person having or holding real estate with others, in any form of joint tenancy, or tenancy in common, may compel partition thereof in the manner hereinafter prescribed.
Where action for partition must be brought.
SEC. 182. Where action for partition must be brought. — An action to enforce partition shall be brought in the province wherein the estate sought to be divided is situated. If the estate is situated in two or more provinces, the action for partition of the whole may be instituted and maintained in any province wherein a part of such estate is situated.
The complaint.
SEC. 183. The complaint. — The complaint in an action for partition shall set forth the nature and extent of the plaintiff's title and contain an adequate description of the real estate of which partition is demanded, and name of each tenant in common, coparcener, or other person interested therein, as defendants.
The order of partition.
SEC. 184. The order of partition. — If, upon trial, the court finds that the plaintiff has a legal right to any part of such estate, it shall order partition thereof in favor of the plaintiff, among all parties in interest. Thereupon the parties may, if they are able to agree, make partition among themselves, by proper instruments of conveyance and the court shall confirm the partition so agreed upon by all the parties, and the amicable partition so made, together with the order of the court confirming the same, shall be recorded in the registry of deeds for the province where the land is situated, and shall be valid and binding between the parties thereto. But if the parties are unable to agree upon a partition, the court shall appoint three judicious and disinterested landowners of the province in which the land to be divided, or some portion of the same, is situated, to be commissioners to make the partition, and shall order a writ of partition to issue to the commissioners commanding them to make partition of the estate and to set off to the plaintiff and to each party in interest such part and proportion of the estate as the court shall order.
Duty of commissioners in making partition.
SEC. 185. Duty of commissioners in making partition. — Before making such partition, the commissioners shall take and subscribe an oath before the judge or clerk, or any justice of the peace of the province, that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. In making such partition, the commissioners shall view and examine the estate, after due notice to the parties to attend at such view and examination, and shall hear the parties as to their preference in the portions of the estate to be set apart to them and the comparative value thereof, and shall set apart the estate to the several parties in such lots or parcels as will be most advantageous and equitable, having due regard to the improvements, situation, and quality of the different parts thereof.
When partition of more than one tract is demanded.
SEC. 186. When partition of more than one tract is demanded. — When partition of more than one tract is demanded, the commissioners shall set off to each plaintiff or party in interest, his proper proportion in each of the several tracts, unless the several tracts are owned by the same proprietors and in the same proportion in each tract, in which case the whole share of any proprietor, in all of the several tracts, may be set off to such proprietor according to the best discretion of the commissioners.
Assignment or sale of the estate.
SEC.187. Assignment or sale of the estate. — When it is made to appear to the commissioners that the estate, or a portion thereof, can not be divided without great inconvenience to the parties interested, the court may order it assigned to one of the parties, provided he pays to the other party such sum of money as the commissioners judge equitable. But if no one of the parties interested will take such assignment and pay such sum, the court shall order the commissioners to sell such estate at public or private sale. In that case the commissioners shall sell the estate agreeably to such order; but the sale shall not be valid to pass the title to the property until confirmed by the court, unless the order of sale itself shall otherwise provide.
Report of commissioners.
SEC. 188. Report of commissioners. — The commissioners shall make full and accurate report to the court of all their proceedings as to partition, or assignment of the estate to one of the parties, or sale of the same. But none of their proceedings shall be effectual to bind the property or the parties until the court shall have accepted their report and rendered judgment in accordance with its recommendations.
Action of the court upon commissioners' report.
SEC. 189. Action of the court upon commissioners' report. — Upon the filing of such report in court, the court shall, upon hearing, accept the same and render judgment in accordance therewith; or for cause shown it may recommit the report to the commissioners for further report of facts; or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part, and may make such final order and judgment as shall effectuate a fair and just partition of the estate, or of its value, if sold or assigned as above provided, between the several owners thereof.
Distribution of proceeds of sale.
SEC. 190. Distribution of proceeds of sale. — The money or securities arising from a sale, or an election to take the estate in accordance with the provisions of section one hundred and eighty-seven shall be distributed and paid, by order of the court, to the parties entitled thereto, in lieu of their respective parts and proportions of the estate, according to their just rights therein.
Accounting for rent and profits in action for partition.
SEC. 191. Accounting for rent and profits in action for partition. — In an action for partition in accordance with the last nine preceding sections, one tenant in common, or joint tenant, or coparcener, may recover from another his just share of rents and profits received by such other tenant in common, joint tenant, or coparcener from the estate, according to the justice and equity of the case, and the final judgment shall include an allowance for such rents and profits as are found to be justly recoverable.
Costs and expenses to be equitably taxed.
SEC. 192. Costs and expenses to be equitably taxed. — The court shall tax and apportion between the parties the costs and expenses which accrue in the action, having regard to the interests of the parties, and the benefit that each party may derive from a partition, and according to equity. An execution may issue therefor as in other cases.
Fees of commissioners.
SEC. 193. Fees of commissioners. — The commissioners appointed to make partition of real estate, in accordance with the preceding sections, shall receive a compensation of four pesos per day each, for the time actually and necessarily employed in the performance of their duties and in making their report to the Court, which fees shall be taxed as a part of the cost of the proceedings and apportioned as provided in the last preceding section.
Final judgment, its record and effect.
SEC. 194. Final judgment, its record and effect. — The record of the final judgment in such action shall state definitely by metes and bounds and adequate description, the particular portion of the estate that is assigned to each party to the action if partition is made; if the whole estate is assigned to one of the parties upon his paying to the other party the sum ordered by the court, the record shall state the fact of such payment and of the assignment of the estate to the party making such payment. If the estate is sold and the sale is confirmed by the court, the record shall state the name of the purchaser or purchasers and a definite description of the parcels of the estate sold to each purchaser. A certified copy of the record of the judgment in either of the cases named in this section shall be recorded in the office of the register of deeds of the province in which the estate is situated. The expense of such record shall be taxed as a part of the costs of the action. If actual partition of the land is made, the effect of the judgment shall be to vest in each party to the action in severalty the portion of the estate assigned to him. If the whole estate is assigned to one of the parties upon his payment to the other party or parties of the sum ordered by the court, the effect of the judgment, upon such payment being made, shall be to vest in the party making the payment, in accordance with the order of the court, the fee of the whole estate free from any interest on the part of the other joint tenants, tenants in common, or coparceners. If the estate is sold, and the sale confirmed by the court, the effect of the record shall be, upon payment for the same being made, to vest in the purchaser or purchasers the fee of the estate free from claims of any of the parties to the action. The record of the judgment shall constitute an instrument of evidence in all questions as to the title to the lands or estate which may be the subject of the judgment in all courts, and shall be conclusive as to the rights of all parties to the suit. But the right of appeal to the Supreme Court shall appertain to actions for partition in the same manner and to the same extent as to other action.
Power of guardian in partition proceedings.
SEC. 195. Power of guardian in partition proceedings. — The guardian, or guardian ad litem, of a minor, or person of unsound mind, may, on behalf of his ward, and with the approval of the court, do and perform any act, matter, or thing respecting the partition of an estate which such minor or person of unsound mind could do in partition proceedings if he were of age or of sound mind.
Paramount rights and amicable partition not affected.
SEC. 196. Paramount rights and amicable partition not affected. — Nothing herein contained shall be construed so as to injure, prejudice, defeat, or destroy the estate, right, or title of any person claiming a tract of land, or any part thereof, by title under any other person, or by title paramount to the title of the joint tenants, tenants in common, or coparceners by whom partition may have been made. Nothing herein contained shall be construed as restricting or preventing joint tenants, tenants in common, or coparceners from making an amicable partition of their common estate by agreement and by suitable instruments of conveyance, without recourse to an action for that purpose. USURPATION OF OFFICE OR FRANCHISE, ETC.
Usurpation of an office or franchise.
SEC. 197. Usurpation of an office or franchise. — A civil action may be brought in the name of the Government of the Philippine Islands: 1. Against a person who usurps, intrudes into, or unlawfully holds or exercises a public civil office or a franchise within the Philippine Islands, or an office in a corporation created by the authority of the Government of the Philippine Islands; 2. Against a public civil officer who does or suffers an act which, by the provisions of law, works a forfeiture of his office; 3. Against an association of persons who act as a corporation within the Philippine Islands, without being legally incorporated or without lawful authority so to act.
Like actions against a corporation.
SEC. 198. Like actions against a corporation. — A like action may be brought against a corporation: 1. When it has offended against a provision of an act for its creation or renewal, or any act altering or amending such act; 2. When it has forfeited its privileges and franchises by nonuser; 3. When it has committed or omitted an act which amounts to a surrender of its corporate rights, privileges, or franchises; 4. When it has misused a franchise, privilege, or right conferred upon it by law or when it has exercised a franchise, privilege, or right in contravention of law.
Who must commence such an action.
SEC. 199. Who must commence such an action. — The Attorney-General of the Islands or the fiscal of any province, when directed by the Chief Executive of the Islands, must commence any such action; and when, upon complaint or otherwise, he has good reason to believe that any case specified in the two preceding sections can be established by proof he must commence such action.
Who may commence such an action.
SEC. 200. Who may commence such an action. — The Attorney-General of the Islands or the fiscal for a province may, at his own instance, bring such an action, or he may, on leave of the court in which the action is to be commenced, or a judge thereof in vacation, bring the action upon the relation of and at the request of another person; but, if the action is brought at the request of and upon the relation of another person, the officer bringing it may require an indemnity for expenses and costs of the action to be given to him by the party at whose request and upon whose relation the same is brought before commencing it.
An individual may commence such action.
SEC. 201. An individual may commence such action. — A person claiming to be entitled to a public office, unlawfully held and exercised by another, may bring an action therefor.
What the complaint must set forth in such action; judgment therein.
SEC. 202. What the complaint must set forth in such action; judgment therein. — When the action is against a person for usurping an office, the complaint shall set forth the name of the person who claims to be entitled thereto, with an averment of his right to the same; and that the defendant is unlawfully in possession of the same; and judgment may be rendered upon the right of the defendant, and also upon the right of the person so averred to be entitled, or only upon the right of the defendant, as justice requires.
Who may be made defendants.
SEC. 203. Who may be made defendants. — All persons who claim to be entitled to the same office or franchise may be made defendants in the same action, to try their respective rights to such office or franchise.
Where such actions may be brought.
SEC. 204. Where such actions may be brought. — An action under the last proceeding seven sections can be brought only in the Supreme Court or in the Court of First Instance of the province in which the defendant, or one of the defendants, resides, or, when the defendant is a corporation, in the province in which it is situated or has a place of business; but when the Attorney-General of the Islands commences the action, it may be brought in a Court of First Instance in the city of Manila or in the Supreme Court.
Application for leave to commence action and notice to defendant.
SEC. 205. Application for leave to commence action and notice to defendant. — Upon application for leave to commence such action, in accordance with section two hundred, the court or judge may, in its or his discretion, direct notice thereof to be given to the defendant previous to granting such leave, and may hear the defendant in opposition thereto; and if leave be granted, entry thereof shall be made on the docket or the fact shall be indorsed by the judge on the complaint, which shall then be filed.
Expediting proceedings.
SEC. 206. Expediting proceedings. — An order may be made by the court, or by the judge, shortening the time for filing pleadings and for all proceedings, in such cases as fixed by general rules, so as to secure the most expeditious determination of the matters involved in the litigation consistent with the rights of the parties. Such action shall have precedence of any civil business pending in the court.
Judgment where office, franchise, etc., found to have been usurped.
SEC. 207. Judgment where office, franchise, etc., found to have been usurped. — When the defendant is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, franchise, or privilege, judgment shall be rendered that such defendant be ousted and altogether excluded therefrom, and that the relator or plaintiff, as the case may be, recover his costs. Such further judgment may be rendered as is provided in section two hundred and two.
Judgment where director of a corporation found to have been illegally elected.
SEC. 208. Judgment where director of a corporation found to have been illegally elected. — When the action is brought against a director of a corporation and the court finds that at his election either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered that the defendant be ousted, and of induction in favor of the person who was entitled to have been declared elected at such election. Or, in such case, the court may, in its discretion, order a new election to be held at a time and place and by judges of election appointed by the court; notice of such election and naming of the judges shall be given for the time and in the manner provided by law for notice of elections of directors of such corporations; the order of the court shall become obligatory upon the corporation and its officers when a duly certified copy thereof is served upon its secretary personally or left at its principal office; and the court may enforce its order by attachment or in any other manner it deems necessary.
Rights of person adjudged to be entitled to office.
SEC. 209. Rights of person adjudged to be entitled to office. — If judgment be rendered in favor of the person averred to be entitled to the office he may, after taking the oath of office and executing any official bond required by law, take upon himself the execution of the office, and he shall immediately thereafter demand of the defendant all the books and papers in his custody or within his power appertaining to the office from which he has been ousted.
How judgment of court enforced.
SEC. 210. How judgment of court enforced. — If such defendant refuse or neglect to deliver over any such book or paper pursuant to demand, he shall be deemed guilty of a contempt of court and shall be fined in any sum not exceeding five thousand pesos and imprisoned until he complies with the order of the court; or is otherwise discharged by due course of law.
Action for damages against person ousted.
SEC. 211. Action for damages against person ousted. — Such person may, at any time within one year after date of such judgment, bring an action against the party ousted and recover the damages sustained by reason of his usurpation.
Judgment when corporation has forfeited its rights.
SEC. 212. Judgment when corporation has forfeited its rights. — When, in any such action, it is found and adjudged that a corporation has, by an act done or omitted, surrendered, or forfeited its corporate rights, privileges and franchise, or has not used the same during the term of five years, judgment shall be entered that it be ousted and excluded therefrom and that it be dissolved; but when it is found and adjudged that a corporation has offended in any matter or manner which does not by law work as a surrender or forfeiture, or has misused a franchise or exercised a power not conferred by law, but not of such a character as to work a surrender or forfeiture of its franchise, judgment shall be rendered that it be ousted from the continuance of such offense or the exercise of such power.
Appointment of receiver when corporation dissolved.
SEC. 213. Appointment of receiver when corporation dissolved. — The court rendering a judgment dissolving a corporation shall appoint a receiver of all its assets, agreeably to section one hundred and seventy-four, who shall proceed to administer the same in accordance with the provisions of sections one hundred and seventy-five to one hundred and seventy-nine, inclusive.
How receiver placed in possession.
SEC. 214. How receiver placed in possession. — An officer of such corporation who refuses or neglects, upon demand, to deliver over to the receiver all money, property, books, deeds, notes, bills, obligations, and papers of every description and within his power or control, belonging to the corporation, or in any wise necessary for the settlement of its affairs, or the discharge of its debts and liabilities, shall be deemed guilty of a contempt of court, and shall be fined not exceeding five thousand pesos, and imprisoned until he complies with the order of the court, or is otherwise discharged by due course of law; and he shall be liable to the receiver for the value of all money or other things so refused or neglected to be surrendered, together with all damages that may have been sustained by the stockholders and creditors of the corporation, or any of them, in consequence of such neglect or refusal.
Judgment for costs.
SEC. 215. Judgment for costs. — If judgment be rendered in such action against a corporation or against a person claiming to be a corporation, the court may render judgment for the costs against the directors or other officers of the corporation, or against the person claiming to be the corporation. If judgment be rendered for the defendant he shall recover his costs from the plaintiff, if the plaintiff be not the Government.
Limitations.
SEC. 216. Limitations. — Nothing herein contained shall authorize an action against a corporation for forfeiture of charter, unless the same be commenced within five years after the act complained of was done or committed; nor shall an action be brought against an officer to be ousted from his office unless within one year after the cause of such ouster, or the right to hold the office, arose. CERTIORARI PROCEEDINGS
Certiorari proceedings.
SEC. 217. Certiorari proceedings. — When the ground of the complaint in an action in a Court of First Instance is that an inferior tribunal, board, or officer exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor any plain, speedy, and adequate remedy, and the court, on trial, finds the allegations of the complaint to be true, it shall render a judgment ordering such inferior tribunal, board, or officer, or other person having the custody of the record or proceedings, at a specified time and place, to certify to the court a transcript of the record and the proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed, if, in the judgment of the court, a stay ought to be granted.
Service of order.
SEC. 218. Service of order. — A certified copy of the judgment and order of the court, as provided in the preceding section, shall be served upon such inferior tribunal, board, or officer in such manner as the court may direct.
Enforcement of order.
SEC. 219. Enforcement of order. — If such order is not obeyed, the court may enforce it by attachment and by fine and imprisonment as for contempt.
Final proceedings in certiorari.
SEC. 220. Final proceedings in certiorari. — When the proceedings complained of have been fully certified, the court shall hear the parties and determine whether the inferior tribunal, board, or officer has regularly pursued its authority; and if it finds that such inferior tribunal, board, or officer has not regularly pursued its authority, it shall thereupon give final judgment, either affirming, or annulling, or modifying the proceedings below, as the law requires.
Certifying judgment to inferior tribunal.
SEC. 221. Certifying judgment to inferior tribunal. — A copy of the final judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceedings certified up. MANDATE
Mandate.
SEC. 222. Mandate. — When the complaint in an action in a Court of First Instance alleges that any inferior tribunal, corporation, board, or person unlawfully neglects the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes the plaintiff from the use and enjoyment of a right or office to which he is entitled and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person, and the court, on trial, finds the allegations of the complaint to be true, it may, if there is no other plain, speedy, and adequate remedy in the ordinary courts of law, render a judgment granting a peremptory order against the defendant, commanding him, immediately after the receipt of such order, or at some other specified time, to do the act required to be done to protect the rights of the plaintiff.
Damages in such action.
SEC. 223. Damages in such action. — If judgment be given for the plaintiff, he may recover in the same action the damages which he has sustained, as determined by the court, by reason of the wrongful acts of the defendant, together with costs.
Service of the order.
SEC. 224. Service of the order. — A certified copy of the judgment and order of mandate shall be served upon the defendant in such manner as the court may direct.
Enforcement of order of mandate.
SEC. 225. Enforcement of order of mandate. — When a peremptory mandate has been issued to and served upon any inferior tribunal, corporation, board, or person, as provided in the preceding section, if it be made to appear to the court that any member of such tribunal, corporation, or board, or such person upon whom the order has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion and notice to the defendant, and hearing, impose a fine not exceeding one thousand pesos upon the person offending. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the order is obeyed, and may make any orders necessary and proper for the complete enforcement of the mandate. PROHIBITION
Prohibition.
SEC. 226. Prohibition. — When the complaint in any action pending in any Court of First Instance alleges that the proceedings of any inferior tribunal, corporation, board, or person, whether exercising functions judicial or ministerial, were without or in excess of the jurisdiction of such tribunal, corporation, board, or person, and the court, on trial, shall find that the allegations of the complaint are true, and that the plaintiff has no other plain, speedy, and adequate remedy in the ordinary course of law, it shall render a judgment in favor of the plaintiff, including an order commanding the defendant absolutely to desist or refrain from further proceedings in the action or matter specified therein.
Service of judgment and order.
SEC. 227. Service of judgment and order. — A certified copy of the judgment and order of prohibition shall be served upon the defendant in such manner as the court shall direct.
Enforcement order of prohibition.
SEC. 228. Enforcement order of prohibition. — An order of prohibition may be enforced in the same manner as is provided for the enforcement of an order of mandate in section two hundred and twenty-five.
Preliminary injunctions in certiorari, mandate, and prohibition proceedings.
SEC. 229. Preliminary injunctions in certiorari, mandate, and prohibition proceedings. — A preliminary injunction in certiorari, mandate, and prohibition proceedings may be granted by the judge, if, in his judgment, such injunction is necessary for the preservation of the rights of the parties, pending litigation.
Expediting such proceedings.
SEC. 230. Expediting such proceedings. — The court may, in its discretion, make such orders as it deems necessary for expediting proceedings in actions praying for certiorari, mandate, or prohibition, and the judge may make such orders in vacation, as well as in term time. CONTEMPT
What contempts of court may be punished summarily.
SEC. 231. What contempts of court may be punished summarily. — A Court of First Instance or a judge of such court at chambers, may punish summarily, by fine not exceeding two hundred pesos, or by imprisonment not exceeding ten days, or both, a person guilty of misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice, including the refusal of a person present in court to be sworn as a witness or to answer as a witness when lawfully required.
What other acts are contempts of court.
SEC. 232. What other acts are contempts of court. — A person guilty of any of the following acts may be punished as for contempt: 1. Disobedience of or resistance to a lawful writ, process, order, judgment, or command of a court, or injunction granted by a court or judge; 2. Misbehavior of an officer of the court in the performance of his official duties, or in his official transactions; 3. A failure to obey a subpoena duly served; 4. The rescue, or attempted rescue, of a person or property in custody of an officer by virtue of an order or process of the court held by him.
When accused entitled to be heard.
SEC. 233. When accused entitled to be heard. — In cases under the last section, a charge in writing shall be filed with the clerk, an entry thereof made upon the docket, and an opportunity given to the accused to be heard, by himself or counsel; but this section shall not be so construed as to prevent the court from issuing process to bring the accused party into court, or from holding him in custody pending such proceedings.
Right of accused to bail.
SEC. 234. Right of accused to bail. — In proceedings under section two hundred and thirty-two, if the hearing is not ordered to be held forthwith, the court may fix the amount of an obligation to be given by the accused, with surety to the satisfaction of the court, for the appearance of the accused to answer the charge; and upon the approval of such obligation the accused shall be released from custody.
Trial of the charge.
SEC. 235. Trial of the charge. — Upon the day fixed for the trial the court shall proceed to investigate the charge, and shall hear any answer or testimony which the accused may make or offer.
Punishment if found guilty.
SEC. 236. Punishment if found guilty. — The court shall then determine whether the accused is guilty of the contempt charged; and, if it be adjudged that he is guilty, he may be fined not exceeding one thousand pesos, or imprisoned not more than six months, or both. If the contempt consists in the violation of an injunction, the person guilty of such contempt may also be ordered to make complete restitution to the party injured by such violation.
Imprisonment until order obeyed.
SEC. 237. Imprisonment until order obeyed. — When the contempt consists of the omission to do an act, which is yet in the power of the accused to perform, he may be imprisoned until he performs it.
Proceedings when party released on bail fails to appear.
SEC. 238. Proceedings when party released on bail fails to appear. — If the party released on bail fail to appear upon the day named, the court may issue another order of arrest, or may order the obligation for his appearance to be prosecuted, or both; and, if the obligation be prosecuted, the measure of the damages shall be the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted and the costs of the proceedings, and such recovery shall be for the benefit of the party injured.
Right of court who committed prisoner to release him.
SEC. 239. Right of court who committed prisoner to release him. — When a person has been imprisoned for contempt, the court or judge who made the order may discharge him from imprisonment, when it shall be made to appear to the court or judge that the public interest will not suffer thereby.
Final judgment.
SEC. 240. Final judgment. — The judgment and orders of a Court of First Instance, made in cases of contempt, except in cases arising under section two hundred and thirty-one, may be reviewed by the Supreme Court; but execution of the judgment and orders shall not be suspended until there is filed by the person in contempt, in the court rendering the judgment or making the order, an obligation with sureties to the acceptance of the judge, in an amount to be by him fixed, and conditioned that if the judgment be against him he will abide and perform the order or judgment. But such review shall be had only after final judgment in the action in the Court of First Instance, and when the cause has regularly passed to the Supreme Court by bill of exceptions, as in this Act provided. EMINENT DOMAIN
How the right of eminent domain may be exercised.
SEC. 241. How the right of eminent domain may be exercised. — The Government of the Philippine Islands, or of any province or department thereof, or of any municipality, and any person, or public or private corporation having by law the right to condemn private property for public use, shall exercise that right in the manner hereinafter prescribed.
The complaint.
SEC. 242. The complaint. — The complaint in condemnation proceedings shall state with certainty the right of condemnation, and describe the property sought to be condemned, showing the interest of each defendant separately.
Appointment of commissioners.
SEC. 243. Appointment of commissioners. — If the defendant concede that the right of condemnation exists on the part of the plaintiff, or if, upon trial, the court finds that such right exists the court shall appoint three judicious and disinterested landowners of the province in which the land to be condemned, or some portion of the same, is situated, to be commissioners to hear the parties and view the premises, and assess damages to be paid for the condemnation, and to report their proceedings in full to the court, and shall issue a commission under the seal of the court to the commissioners authorizing the performance of the duties herein prescribed.
Duty of commissioners.
SEC. 244. Duty of commissioners. — Before entering upon the performance of their duties, the commissioners shall take and subscribe an oath before the judge, or clerk, or any justice of the peace for the province, that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. Evidence under oath may be introduced by either party before the commissioners, who are hereby authorized to administer oaths on hearings before them, and the commissioners shall, unless the parties consent to the contrary, go to the premises together and view the property sought to be condemned and its surroundings, and may examine and measure the same, after which either party may, by himself or counsel, or both, argue the cause. The commissioners shall assess the value of the property taken and used, and shall also assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owners from the public use of the land taken, or from the operation of its franchise by the corporation, or by the carrying on of the business of the corporation or person taking the property: Provided, The consequential benefits assessed shall in no case exceed the consequential damage assessed; Provided, further, That nothing in this section shall be so construed as to deprive the owner of the actual value of his property so taken or used.
Report of commissioners.
SEC. 245. Report of commissioners. — The commissioners shall make full and accurate report to the court of all their proceedings under their commission; but none of their proceedings shall be effectual to bind the property or the parties until the court shall have accepted their report and rendered judgment in accordance with its recommendations.
Action of court upon commissioners' report.
SEC. 246. Action of court upon commissioners' report. — Upon the filing of such report in court, the court shall, upon hearing, accept the same and render judgment in accordance therewith; or for cause shown, it may recommit the report to the commissioners for further report of facts; or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part, and may make such final order and judgment as shall secure to the plaintiff the property essential to the exercise of his rights under the law, and to the defendant just compensation for the land so taken; and the judgment shall require payment of the sum awarded as provided in the next section, before the plaintiff can enter upon the ground and appropriate it to the public use.
Rights of plaintiff after the judgment.
SEC. 247. Rights of plaintiff after the judgment. — Upon payment by plaintiff to the defendant of compensation as fixed by the judgment, or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter in and upon the land so condemned, to appropriate the same to the public use defined in the judgment. In case the defendant and his attorney absent themselves from the court or decline to receive the same, payment may be made to the clerk of the court for him, and such officer shall be responsible on his bond therefor and shall be compelled to receive it.
Effect of exceptions.
SEC. 248. Effect of exceptions. — The allowance of a bill of exceptions in condemnation proceedings shall not operate as a supersedeas, nor shall the right of the plaintiff to enter upon the land of the defendant and appropriate the same to public use be delayed by appeal to the Supreme Court. But if the Supreme Court shall determine that no right of appropriation on the part of the plaintiff existed, the case shall be remanded to the Court of First Instance with mandate that the defendant be replaced in possession of the property and that he recover the damages sustained by reason of the possession taken by the plaintiff.
Costs.
SEC. 249. Costs. — The costs in all cases under this chapter relating to eminent domain shall be paid by the plaintiff; but in case the action is carried to the Supreme Court by the owner, the costs in the Supreme Court shall be paid by the owner if the judgment is affirmed.
Fees of commissioners.
SEC. 250. Fees of commissioners. — The commissioners appointed to condemn land for public uses in accordance with the preceding sections, shall receive a compensation of four pesos per day each for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as part of the costs of the proceedings and paid as provided in the preceding section.
Final judgment, its record and effect.
SEC. 251. Final judgment, its record and effect. — The record of the final judgment in such action shall state definitely, by metes and bounds and adequate description, the particular land or interest in land condemned to the public use, and the nature of the public use. A certified copy of the record of the judgment shall be recorded in the office of the registrar of deeds for the province in which the estate is situated, and its effect shall be to vest in the plaintiff for the public use stated the land and estate so described.
Power of guardian in condemnation proceedings.
SEC. 252. Power of guardian in condemnation proceedings. — The guardian or guardian ad litem of a minor or person of unsound mind may, on behalf of his ward, by approval of the court, do and perform any act, matter, or thing respecting the condemnation for public uses of the land belonging to such minor or person of unsound mind, which such minor or person of unsound mind could do in such proceedings if he were of age or of sound mind.
Persons not notified not affected by such proceedings.
SEC. 253. Persons not notified not affected by such proceedings. — Nothing herein contained shall be construed so as to injure, prejudice, defeat, or destroy the estate, right, or title of any person claiming land or any part thereof, or any interest therein, who was not made a party defendant to the condemnation proceedings and did not have actual or constructive notice of the proceedings in such manner as the law requires. FORECLOSURE MORTGAGE
Where action for foreclosure of real-estate mortgage must be instituted.
SEC. 254. Where action for foreclosure of real-estate mortgage must be instituted. — An action for the foreclosure of a mortgage or other incumbrance upon real estate, or an interest therein, must be brought in the Court of First Instance for the province in which the land or some part thereof lies.
The complaint in an action for foreclosure of a real estate mortgage.
SEC. 255. The complaint in an action for foreclosure of a real estate mortgage. — In an action for foreclosure of a real-estate mortgage, or other incumbrance upon real estate, the complaint shall set forth the date and due execution of the mortgage, its assignments, if any, the names and residences of the mortgagor and mortgagee, a description of the mortgaged premises, a statement of the date of the note or other obligation secured by the mortgage, and the amount claimed to be unpaid thereon, and the names and residences of all persons having or claiming an interest in the premises subordinate in right to that of the holder of the mortgage, all of whom shall be made defendants in the action.
Trial and judgment in foreclosure suit.
SEC. 256. Trial and judgment in foreclosure suit. — If upon trial in such action the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and costs, and shall render judgment for the sum so found due, and order that the same be paid into court on or before the first day of the next term of the court immediately succeeding the one at which such order was made, and that in default of such payment the land shall be sold to realize the mortgage debt and costs.
Sale of the mortgaged property.
SEC. 257. Sale of the mortgaged property. — When the defendant, after being directed to do so, as provided in the last preceding section, failed to pay the principal, interest, and costs at the time directed in the order, the court shall order the property to be sold in the manner and under the regulations that govern sales of real estate under execution; but such sale shall not affect the rights of persons holding prior incumbrances upon the same estate or a part thereof. The sale, when confirmed by decree of the court, shall operate to divest the rights of all the parties to the action and to vest their rights in the purchaser. Should the court decline to confirm the sale, for good cause shown, and should set it aside, it shall order a resale in accordance with law.
Disposition of proceeds.
SEC. 258. Disposition of proceeds. — The money arising from the sale of mortgaged property, under the regulations hereinbefore prescribed, shall, after deduction of costs of sale, be paid to the person foreclosing the mortgage, and when there shall be any surplus, after paying off such mortgage or other incumbrance, the same shall be paid to junior incumbrancers in the order of their priority, to be ascertained by the court, or if there be no such incumbrances or there be a surplus after payment of such incumbrances, then to the mortgagor or his agent, or to the person entitled to it.
Disposition of proceeds in case the debt is not all due.
SEC. 259. Disposition of proceeds in case the debt is not all due. — If the debt for which the mortgage or incumbrance was held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold. But if the property can not be sold in portions without injury to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper.
Judgment for balance after sale of property.
SEC. 260. Judgment for balance after sale of property. — Upon the sale of any real property, under a decree for a sale to satisfy a mortgage or other incumbrance thereon, if there be a balance due to the complainant after applying the proceeds of the sale, the court, upon motion, shall give a decree against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which execution may issue immediately if the balance is all due at the time of the rendition of the decree; otherwise the plaintiff shall be entitled to execution at such time as the balance remaining would have become due by the terms of the original contract, which time shall be stated in the decree.
Final record.
SEC. 261. Final record. — The final record in the action shall set forth, in brief, the petition and other pleadings, judgment, orders, the proceedings under the order of sale, and the decree confirming the same, and the name of the purchaser, with a description of the estate by him purchased. A certified copy of such record shall be recorded in the office of the registrar of deeds for the province in which the estate is situated. MANUAL DELIVERY OF PERSONAL PROPERTY
Delivery of litigated personal property to plaintiff.
SEC. 262. Delivery of litigated personal property to plaintiff. — Whenever the complaint in an action shall pray for the recovery of the possession of personal property, the plaintiff may, at the time of instituting the action, or at any time before answer, file a notice claiming the delivery of such property to him, in the manner hereinafter provided.
Affidavit and obligation to be filed by plaintiff.
SEC. 263. Affidavit and obligation to be filed by plaintiff. — Where a delivery is claimed an affidavit must be made by the plaintiff, or by some one in his behalf, showing: 1. That the plaintiff is the owner of the property claimed (particularly describing it) or is entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of detention thereof according to his best knowledge, information, and belief; 4. That it has not been taken for a tax assessment or fine pursuant to a statute, or seized under an execution, or an attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure; 5. The actual value of the property. The plaintiff shall also at the same time file with the clerk a written obligation of the plaintiff, executed by two or more sureties approved by the court, to the effect that they are bound to the defendant in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if the return thereof be adjudged, and for the payment to him of such sum as may in the cause be recovered against the plaintiff. The affidavit and obligation shall be filed with the clerk of the court in which the action is pending.
Warrant of seizure.
SEC. 264. Warrant of seizure. — Upon the filing of such affidavit and obligation it shall be the duty of the clerk, at the request of the plaintiff or his attorney, to issue, under the seal of the court, a warrant requiring the officer of the court forthwith to take into his custody the personal property alleged to be wrongfully detained.
Service of warrant.
SEC. 265. Service of warrant. — Upon receiving the warrant named in the last section the officer must forthwith take the property described in the warrant, if it be in the possession of the defendant or his agent, and retain it in his custody. If the property, or any part thereof, be concealed in a building or inclosure, the officer must publicly demand its delivery; if it be not delivered, he must cause the building or inclosure to be broken open and take the property into his possession. When the officer has taken property as herein provided, he must keep it in a secure place and ultimately deliver it to the party entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same. He must, without delay, serve on the defendant a copy of the notice, undertaking, and warrant, in the manner provided by law for service of process.
Proceedings when objection is made to the sufficiency of the obligation.
SEC. 266. Proceedings when objection is made to the sufficiency of the obligation. — The defendant may, within two days after the service of a copy of the affidavit and undertaking and warrant, give notice to the clerk that he excepts to the sufficiency of the obligation or of the sureties. If he fails to do so, he is deemed to have waived all objections to them. When the defendant excepts, the clerk, on notice to both parties, and on hearing, shall investigate the sufficiency of the sureties as to their financial responsibility. If the clerk finds the obligation to be insufficient in amount, he shall require a new obligation with sufficient sureties to be executed in double the value of the property as he shall ascertain it to be. If he shall find that the sureties are insufficient, he shall require new and sufficient sureties forthwith. In either case, if the plaintiff does not forthwith furnish a sufficient obligation with sufficient sureties, the clerk shall make an order for the return of the property to the defendant, and it shall be returned. If the defendant except to the obligation or to the sureties, he can not reclaim the property as provided in the next section.
Delivery of property to the defendant.
SEC. 267. Delivery of property to the defendant. — At any time before the delivery of the property to the plaintiff, as in this section provided, the defendant may, if he do not except to the obligation or sureties of the plaintiff, require the return thereof, upon delivering to the clerk a written obligation to the plaintiff executed by him, with two or more sufficient sureties, to the effect that they are bound in double the value of the property as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the defendant. If a return of the property be not so required within five days after the taking and service of notice to the defendant, it must be delivered to the plaintiff, except as provided in section two hundred and seventy.
Defendant's obligation and sureties.
SEC. 268. Defendant's obligation and sureties. — The defendant's sureties, upon notice to the plaintiff, not less than two nor more than five days, must justify before the clerk, as provided in section two hundred and sixty-six, and upon such justification the officer must deliver the property to the defendant. If the defendant's sureties, or others in their place, fail to justify at the time and place appointed, the officer must deliver the property to the plaintiff.
Responsibility of officer and clerk.
SEC. 269. Responsibility of officer and clerk. — The officer will be responsible for the property until the same is delivered to the plaintiff or defendant, as herein provided. The clerk will be responsible for the sufficiency of the sureties at the time he shall approve them, but not for their sufficiency at a subsequent date should their financial standing be thereafter changed.
If property claimed by third person.
SEC. 270. If property claimed by third person. — If the property taken be claimed by any other person than the defendant or his agent, and such person make an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serve the same upon the officer while he has possession of the property, the officer is not bound to keep the property, or deliver it to the plaintiff, unless the plaintiff on demand of him or his agent, indemnify the officer against such claim by an obligation with two sufficient sureties; and no claim to such property or damage for its seizure, by any other person than the defendant or his agent, shall be valid against the officer unless so made. But nothing herein contained shall prevent such third person from vindicating his claim to the property by any proper action.
Return of papers.
SEC. 271. Return of papers. — The officer must file the warrant with his proceedings indorsed thereon, with the clerk of the court within twenty days after taking the property mentioned therein.
Final judgment.
SEC. 272. Final judgment. — On trial, the court shall adjudge the property to the plaintiff or to the defendant, as the law and facts warrant, together with such damages and costs as either party establishes a right to recover.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).