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    Remedial Law

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    Dulce Recto
    The document discusses several legal remedies and procedures: 1) The remedy for a lessee (B) who is facing competing claims over rental payments from the alleged owner (A) and a new claimant (C) is to file an action for interpleader. This will compel A and C to litigate their claims and avoid multiple liability for B. 2) Proper remedies to challenge an executive order include filing a petition for certiorari or declaratory relief. 3) Filing a petition for certiorari against an RTC order denying a timely filed notice of appeal is the proper remedy for a party (A) seeking to assail an adverse judgment after their appeal was denied.

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    © All Rights Reserved
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    Remedial Law

    Uploaded by

    Dulce Recto
    30 views1 page
    The document discusses several legal remedies and procedures: 1) The remedy for a lessee (B) who is facing competing claims over rental payments from the alleged owner (A) and a new claimant (C) is to file an action for interpleader. This will compel A and C to litigate their claims and avoid multiple liability for B. 2) Proper remedies to challenge an executive order include filing a petition for certiorari or declaratory relief. 3) Filing a petition for certiorari against an RTC order denying a timely filed notice of appeal is the proper remedy for a party (A) seeking to assail an adverse judgment after their appeal was denied.

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    The document discusses several legal remedies and procedures: 1) The remedy for a lessee (B) who is facing competing claims over rental payments from the alleged owner (A) and a new claimant (C) is to file an action for interpleader. This will compel A and C to litigate their claims and avoid multiple liability for B. 2) Proper remedies to challenge an executive order include filing a petition for certiorari or declaratory relief. 3) Filing a petition for certiorari against an RTC order denying a timely filed notice of appeal is the proper remedy for a party (A) seeking to assail an adverse judgment after their appeal was denied.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views1 page

    Remedial Law

    Uploaded by

    Dulce Recto
    The document discusses several legal remedies and procedures: 1) The remedy for a lessee (B) who is facing competing claims over rental payments from the alleged owner (A) and a new claimant (C) is to file an action for interpleader. This will compel A and C to litigate their claims and avoid multiple liability for B. 2) Proper remedies to challenge an executive order include filing a petition for certiorari or declaratory relief. 3) Filing a petition for certiorari against an RTC order denying a timely filed notice of appeal is the proper remedy for a party (A) seeking to assail an adverse judgment after their appeal was denied.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    1. A is the owner of a land occupied by B.

    B leased this land for 20 years and for the past 10 years
    had continually paid A the rent. Sometime thereafter C claimed to be the owner of the land and
    demanded from B payment of the rent. What is the remedy of B?

    Answer:

    The remedy of B is to file an action for interpleader since he does not know to whom payment
    shall be made.

    Under the Rules of Court, an interpleader is a special civil action whereby a person who claims no
    interest in a property or right, or an interest which in whole or in part is not disputed by the
    claimants, brings an action against the conflicting claimants to compel them to interplead and
    litigate their several claims among themselves. This special civil action is used to avoid multiple
    liability on the part of the obligor.

    In this case, there are two conflicting claimants, A and C who are both claiming ownership over
    the land which B is leasing. A and C will then be compelled to litigate their claims. This will then
    avoid multiple liability on the part of the obligor.

    Hence, B’s remedy is to file an action for interpleader.

    2. What is the proper remedy to assail the validity of an executive order?

    3. A obtained an adverse judgment and made a timely appeal. However the RTC denied his notice
    of appeal. A field a petition for certiorari against the order of the RTC. Is the remedy proper?

    4. A filed a complaint for forcible entry. B filed a motion to dismiss on the ground that the action is
    barred by res judicata. Rule on the motion.

    5. An expropriation proceeding undergoes two phases. What are these two phases?

    6. Can you appeal an order of condemnation by the court?

    7. In 2015 Chief Justice M was appointed to his position. Sometime in 2018 the Solicitor General
    filed a petition for quo warranto questioning her eligibility to hold such office. The Chief Justice
    argued that the period to file a quo warranto petition must be within 1 year from the date she
    was appointed. Is her argument with merit?

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