RULE 61 order of execution against him, without prejudice to his Section 1. When interpleader proper.

— Whenever
liability for contempt. (6a) conflicting claims upon the same subject matter are or
Support Pendente Lite may be made against a person who claims no interest
When the person ordered to give support pendente whatever in the subject matter, or an interest which in
Section 1. Application. — At the commencement of the lite refuses or fails to do so, any third person who whole or in part is not disputed by the claimants, he may
proper action or proceeding, or at any time prior to the furnished that support to the applicant may, after due bring an action against the conflicting claimants to
judgment or final order, a verified application for notice and hearing in the same case obtain a writ of compel them to interplead and litigate their several
support pendente lite may be filed by any party stating execution to enforce his right of reimbursement against claims among themselves. (1a, R63)
the grounds for the claim and the financial conditions of the person ordered to provide such support. (h)
both parties, and accompanied by affidavits, depositions Section 2. Order. — Upon the filing of the complaint, the
or other authentic documents in support thereof. (1a) Section 6. Support in criminal cases. — In criminal actions court shall issue an order requiring the conflicting
where the civil liability includes support for the offspring claimants to interplead with one another. If the interests
Section 2. Comment. — A copy of the application and all as a consequence of the crime and the civil aspect thereof of justice so require, the court may direct in such order
supporting documents shall be served upon the adverse has not been waived, reserved and instituted prior to its that the subject matter be paid or delivered to the court.
party, who shall have five (5) days to comment thereon filing, the accused may be ordered to provide (2a, R63)
unless a different period is fixed by the court upon his support pendente lite to the child born to the offended
motion. The comment shall be verified and shall be party allegedly because of the crime. The application Section 3. Summons. — Summons shall be served upon
accompanied by affidavits, depositions or other authentic therefor may be filed successively by the offended party, the conflicting claimants, together with a copy of the
documents in support thereof. (2a, 3a) her parents, grandparents or guardian and the State in complaint and order. (3, R63)
the corresponding criminal case during its pendency, in
Section 3. Hearing. — After the comment is filed, or after accordance with the procedure established under this Section 4. Motion to dismiss. — Within the time for filing
the expiration of the period for its filing, the application Rule. (n) an answer, each claimant may file a motion to dismiss on
shall be set for hearing not more than three (3) days the ground of impropriety of the interpleader action or
thereafter. The facts in issue shall be proved in the same Section 7. Restitution. — When the judgment or final on other appropriate grounds specified in Rule 16. The
manner as is provided for evidence on motions. (4a) order of the court finds that the person who has been period to file the answer shall be tolled and if the motion
providing support pendente lite is not liable therefor, it is denied, the movant may file his answer within the
Section 4. Order. — The court shall determine shall order the recipient thereof to return to the former remaining period, but which shall not be less than five (5)
provisionally the pertinent facts, and shall render such the amounts already paid with legal interest from the days in any event, reckoned from notice of denial. (n)
orders as justice and equity may require, having the dates of actual payment, without prejudice to the right of
regard to the probable outcome of the case and such the recipient to obtain reimbursement in a separate Section 5. Answer and other pleadings. — Each claimant
other circumstances as may aid in the proper resolution action from the person legally obliged to give the shall file his answer setting forth his claim within fifteen
of the question involved. If the application is granted, the support. Should the recipient fail to reimburse said (15) days from service of the summons upon him, serving
court shall fix the amount of money to be provisionally amounts, the person who provided the same may likewise a copy thereof upon each of the other conflicting
paid or such other forms of support as should be seek reimbursement thereof in a separate action from the claimants who may file their reply thereto as provided by
provided, taking into account the necessities of the person legally obliged to give such support. (n) these Rules. If any claimant fails to plead within the time
applicant and the resources or means of the adverse herein fixed, the court may, on motion, declare him in
party, and the terms of payment or mode for providing default and thereafter render judgment barring him from
the support. If the application is denied, the principal case any claim in respect to the subject matter.
shall be tried and decided as early as possible. (5a) Special Civil Actions
The parties in an interpleader action may file
Section 5. Enforcement of order. — If the adverse party RULE 62 counterclaims, cross-claims, third-party complaints and
fails to comply with an order granting support pendente responsive pleadings thereto, as provided by these Rules.
lite, the court shall, motu proprio or upon motion; issue an Interpleader (4a, R63)
PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 1 of 7
Section 6. Determination. — After the pleadings of the the same and shall be entitled to be heard upon such party to the Supreme Court on certiorari under Rule 65,
conflicting claimants have been filed, and pre-trial has question. (3a, R64) except as hereinafter provided. (n; Bar Matter No. 803, 17
been conducted in accordance with the Rules, the court February 1998)
shall proceed to determine their respective rights and Section 4. Local government ordinances. — In any action
adjudicate their several claims. (5a, R63) involving the validity of a local government ordinance, the Section 3. Time to file petition. — The petition shall be
corresponding prosecutor or attorney of the local filed within thirty (30) days from notice of the judgment
Section 7. Docket and other lawful fees, costs and governmental unit involved shall be similarly notified and or final order or resolution sought to be reviewed. The
litigation expenses as liens. — The docket and other lawful entitled to be heard. If such ordinance is alleged to be filing of a motion for new trial or reconsideration of said
fees paid by the party who filed a complaint under this unconstitutional, the Solicitor General shall also be judgment or final order or resolution, if allowed under the
Rule, as well as the costs and litigation expenses, shall notified and entitled to be heard. (4a, R64) procedural rules of the Commission concerned, shall
constitute a lien or change upon the subject matter of the interrupt the period herein fixed. If the motion is denied,
action, unless the court shall order otherwise. (6a, R63) Section 5. Court action discretionary. — Except in actions the aggrieved party may file the petition within the
falling under the second paragraph of section 1 of this remaining period, but which shall not be less than five (5)
RULE 63 Rule, the court, motu proprio or upon motion, may refuse days in any event, reckoned from notice of denial. (n)
to exercise the power to declare rights and to construe
Declaratory Relief and Similar Remedies instruments in any case where a decision would not Section 4. Docket and other lawful fees. — Upon the filing
terminate the uncertainty or controversy which gave rise of the petition, the petitioner shall pay to the clerk of
Section 1. Who may file petition. — Any person to the action, or in any case where the declaration or court the docket and other lawful fees and deposit the
interested under a deed, will, contract or other written construction is not necessary and proper under the amount of P500.00 for costs. (n)
instrument, or whose rights are affected by a statute, circumstances. (5a, R64)
executive order or regulation, ordinance, or any other Section 5. Form and contents of petition. — The petition
governmental regulation may, before breach or violation Section 6. Conversion into ordinary action. — If before shall be verified and filed in eighteen (18) legible copies.
thereof bring an action in the appropriate Regional Trial the final termination of the case, a breach or violation of The petition shall name the aggrieved party as petitioner
Court to determine any question of construction or an instrument or a statute, executive order or regulation, and shall join as respondents the Commission concerned
validity arising, and for a declaration of his rights or ordinance, or any other governmental regulation should and the person or persons interested in sustaining the
duties, thereunder. (Bar Matter No. 803, 17 February take place, the action may thereupon be converted into judgment, final order or resolution a quo. The petition
1998) an ordinary action, and the parties shall be allowed to file shall state the facts with certainty, present clearly the
such pleadings as may be necessary or proper. (6a, R64) issues involved, set forth the grounds and brief
An action for the reformation of an instrument, to quiet arguments relied upon for review, and pray for judgment
title to real property or remove clouds therefrom, or to RULE 64 annulling or modifying the questioned judgment, final
consolidate ownership under Article 1607 of the Civil order or resolution. Findings of fact of the Commission
Code, may be brought under this Rule. (1a, R64) Review of Judgments and Final Orders or Resolutions supported by substantial evidence shall be final and non-
of the Commission on Elections and the Commission reviewable.

Section 2. Parties. — All persons who have or claim any on Audit

interest which would be affected by the declaration shall The petition shall be accompanied by a clearly legible
be made parties; and no declaration shall, except as Section 1. Scope. — This Rule shall govern the review of duplicate original or certified true copy of the judgment,
otherwise provided in these Rules, prejudice the rights of judgments and final orders or resolutions of the final order or resolution subject thereof, together with
persons not parties to the action. (2a, R64) Commission on Elections and the Commission on Audit. certified true copies of such material portions of the
(n) record as are referred to therein and other documents
relevant and pertinent thereto. The requisite number of
Section 3. Notice on Solicitor General. — In any action
copies of the petition shall contain plain copies of all
which involves the validity of a statute, executive order or Section 2. Mode of review. — A judgment or final order or
documents attached to the original copy of said petition.
regulation, or any other governmental regulation, the resolution of the Commission on Elections and the
Solicitor General shall be notified by the party assailing Commission on Audit may be brought by the aggrieved
PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 2 of 7
The petition shall state the specific material dates Section 9. Submission for decision. — Unless the Court further proceedings in the action or matter specified
showing that it was filed within the period fixed herein, sets the case for oral argument, or requires the parties to therein, or otherwise granting such incidental reliefs as
and shall contain a sworn certification against forum submit memoranda, the case shall be deemed submitted law and justice may require.
shopping as provided in the third paragraph of section 3, for decision upon the filing of the comments on the
Rule 46. petition, or of such other pleadings or papers as may be The petition shall likewise be accompanied by a certified
required or allowed, or the expiration of the period to do true copy of the judgment, order or resolution subject
The petition shall further be accompanied by proof of so. (n) thereof, copies of all pleadings and documents relevant
service of a copy thereof on the Commission concerned and pertinent thereto, and a sworn certification of non-
and on the adverse party, and of the timely payment of RULE 65 forum shopping as provided in the third paragraph of
docket and other lawful fees. section 3, Rule 46. (2a)
Certiorari, Prohibition and Mandamus
The failure of petitioner to comply with any of the Section 3. Petition for mandamus. — When any tribunal,
foregoing requirements shall be sufficient ground for the Section 1. Petition for certiorari. — When any tribunal, corporation, board, officer or person unlawfully neglects
dismissal of the petition. (n) board or officer exercising judicial or quasi-judicial the performance of an act which the law specifically
functions has acted without or in excess its or his enjoins as a duty resulting from an office, trust, or station,
Section 6. Order to comment. — If the Supreme Court jurisdiction, or with grave abuse of discretion amounting or unlawfully excludes another from the use and
finds the petition sufficient in form and substance, it shall to lack or excess of jurisdiction, and there is no appeal, or enjoyment of a right or office to which such other is
order the respondents to file their comments on the any plain, speedy, and adequate remedy in the ordinary entitled, and there is no other plain, speedy and adequate
petition within ten (10) days from notice thereof; course of law, a person aggrieved thereby may file a remedy in the ordinary course of law, the person
otherwise, the Court may dismiss the petition outright. verified petition in the proper court, alleging the facts aggrieved thereby may file a verified petition in the
The Court may also dismiss the petition if it was filed with certainty and praying that judgment be rendered proper court, alleging the facts with certainty and praying
manifestly for delay or the questions raised are too annulling or modifying the proceedings of such tribunal, that judgment be rendered commanding the respondent,
unsubstantial to warrant further proceedings. (n) board or officer, and granting such incidental reliefs as immediately or at some other time to be specified by the
law and justice may require. court, to do the act required to be done to protect the
Section 7. Comments of respondents. — The comments of rights of the petitioner, and to pay the damages sustained
the respondents shall be filed in eighteen (18) legible The petition shall be accompanied by a certified true copy by the petitioner by reason of the wrongful acts of the
copies. The original shall be accompanied by certified true of the judgment, order or resolution subject thereof, respondent.
copies of such material portions of the record as are copies of all pleadings and documents relevant and
referred to therein together with other supporting papers. pertinent thereto, and a sworn certification of non-forum The petition shall also contain a sworn certification of
The requisite number of copies of the comments shall shopping as provided in the third paragraph of section 3, non-forum shopping as provided in the third paragraph
contain plain copies of all documents attached to the Rule 46. (1a) of section 3, Rule 46. (3a)
original and a copy thereof shall be served on the
petitioner. Section 2. Petition for prohibition. — When the Section 4. When and where petition filed. — The petition
proceedings of any tribunal, corporation, board, officer or shall be filed not later than sixty (60) days from notice of
No other pleading may be filed by any party unless person, whether exercising judicial, quasi-judicial or the judgment, order or resolution. In case a motion for
required or allowed by the Court. (n) ministerial functions, are without or in excess of its or his reconsideration or new trial is timely filed, whether such
jurisdiction, or with grave abuse of discretion amounting motion is required or not, the sixty (60) day period shall
Section 8. Effect of filing. — The filing of a petition to lack or excess of jurisdiction, and there is no appeal or be counted from notice of the denial of said motion.
for certiorari shall not stay the execution of the judgment any other plain, speedy, and adequate remedy in the
or final order or resolution sought to be reviewed, unless ordinary course of law, a person aggrieved thereby may The petition shall be filed in the Supreme Court or, if it
the Supreme Court shall direct otherwise upon such terms file a verified petition in the proper court, alleging the relates to the acts or omissions of a lower court or of a
as it may deem just. (n) facts with certainty and praying that judgment be corporation, board, officer or person, in the Regional Trial
rendered commanding the respondent to desist from Court exercising jurisdiction over the territorial area as
PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 3 of 7
defined by the Supreme Court. It may also be filed in the served on the respondents in such manner as the court corporation, board, officer or person concerned in such
Court of Appeals whether or not the same is in aid of its may direct together with a copy of the petition and any manner as the court may direct, and disobedience thereto
appellate jurisdiction, or in the Sandiganbayan if it is in annexes thereto. shall be punished as contempt. An execution may issue
aid of its appellate jurisdiction. If it involves the acts or for any damages or costs awarded in accordance with
omissions of a quasi-judicial agency, unless otherwise In petitions for certiorari before the Supreme Court and section 1 of Rule 39. (9a)
provided by law or these Rules, the petition shall be filed the Court of Appeals, the provisions of section 2, Rule 56,
in and cognizable only by the Court of Appeals. shall be observed. Before giving due course thereto, the
court may require the respondents to file their comment
No extension of time to file the petition shall be granted to, and not a motion to dismiss, the petition. Thereafter, PART III
except for compelling reason and in no case exceeding the court may require the filing of a reply and such other SPECIAL CIVIL ACTIONS
fifteen (15) days. (4a) (Bar Matter No. 803, 21 July 1998; responsive or other pleadings as it may deem necessary
A.M. No. 00-2-03-SC) and proper. (6a) RULE 7
WRIT OF KALIKASAN
Section 5. Respondents and costs in certain cases. — Section 7. Expediting proceedings; injunctive relief. — The
When the petition filed relates to the acts or omissions of court in which the petition is filed may issue orders Section 1. Nature of the writ. - The writ is a remedy
a judge, court, quasi-judicial agency, tribunal, corporation, expediting the proceedings, and it may also grant a available to a natural or juridical person, entity authorized
board, officer or person, the petitioner shall join, as temporary restraining order or a writ of preliminary by law, people’s organization, non-governmental
private respondent or respondents with such public injunction for the preservation of the rights of the parties organization, or any public interest group accredited by
respondent or respondents, the person or persons pending such proceedings. The petition shall not or registered with any government agency, on behalf of
interested in sustaining the proceedings in the court; and interrupt the course of the principal case unless a persons whose constitutional right to a balanced and
it shall be the duty of such private respondents to appear temporary restraining order or a writ of preliminary healthful ecology is violated, or threatened with violation
and defend, both in his or their own behalf and in behalf injunction has been issued against the public respondent by an unlawful act or omission of a public official or
of the public respondent or respondents affected by the from further proceeding in the case. (7a) employee, or private individual or entity, involving
proceedings, and the costs awarded in such proceedings environmental damage of such magnitude as to prejudice
in favor of the petitioner shall be against the private Section 8. Proceedings after comment is filed. — After the the life, health or property of inhabitants in two or more
respondents only, and not against the judge, court, quasi- comment or other pleadings required by the court are cities or provinces.
judicial agency, tribunal, corporation, board, officer or filed, or the time for the filing thereof has expired, the
person impleaded as public respondent or respondents. court may hear the case or require the parties to submit Section 2. Contents of the petition. - The verified petition
memoranda. If after such hearing or submission of shall contain the following:
Unless otherwise specifically directed by the court where memoranda or the expiration of the period for the filing
the petition is pending, the public respondents shall not thereof the court finds that the allegations of the petition
(a) The personal circumstances of the petitioner;
appear in or file an answer or comment to the petition or are true, it shall render judgment for the relief prayed for
any pleading therein. If the case is elevated to a higher or to which the petitioner is entitled.
court by either party, the public respondents shall be (b) The name and personal circumstances of the
included therein as nominal parties. However, unless respondent or if the name and personal
The court, however, may dismiss the petition if it finds the
otherwise specifically directed by the court, they shall not circumstances are unknown and uncertain, the
same to be patently without merit, prosecuted manifestly
appear or participate in the proceedings therein. (5a) respondent may be described by an assumed
for delay, or that the questions raised therein are too
appellation;
unsubstantial to require consideration. (8a)
Section 6. Order to comment. — If the petition is
sufficient in form and substance to justify such process, (c) The environmental law, rule or regulation
Section 9. Service and enforcement of order or judgment.
the court shall issue an order requiring the respondent or violated or threatened to be violated, the act or
— A certified copy of the judgment rendered in
respondents to comment on the petition within ten (10) omission complained of, and the environmental
accordance with the last preceding section shall be served
days from receipt of a copy thereof. Such order shall be damage of such magnitude as to prejudice the
upon the court, quasi-judicial agency, tribunal,
PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 4 of 7
 life, health or property of inhabitants in two or Section 6. How the writ is served. - The writ shall be (c) Motion for postponement;
more cities or provinces. served upon the respondent by a court officer or any
person deputized by the court, who shall retain a copy on (d) Motion for a bill of particulars;
(d) All relevant and material evidence consisting which to make a return of service. In case the writ cannot
of the affidavits of witnesses, documentary be served personally, the rule on substituted service shall (e) Counterclaim or cross-claim;
evidence, scientific or other expert studies, and if apply.
possible, object evidence; (f) Third-party complaint;
Section 7. Penalty for refusing to issue or serve the writ. -
(e) The certification of petitioner under oath that: A clerk of court who unduly delays or refuses to issue the
(g) Reply; and
(1) petitioner has not commenced any action or writ after its allowance or a court officer or deputized
filed any claim involving the same issues in any person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without (h) Motion to declare respondent in default.
court, tribunal or quasi-judicial agency, and no
such other action or claim is pending therein; (2) prejudice to other civil, criminal or administrative actions.
if there is such other pending action or claim, a Section 10. Effect of failure to file return. - In case the
complete statement of its present status; (3) if Section 8. Return of respondent; contents. - Within a non- respondent fails to file a return, the court shall proceed to
petitioner should learn that the same or similar extendible period of ten (10) days after service of the writ, hear the petition ex parte.
action or claim has been filed or is pending, the respondent shall file a verified return which shall
petitioner shall report to the court that fact contain all defenses to show that respondent did not Section 11. Hearing. - Upon receipt of the return of the
within five (5) days therefrom; and violate or threaten to violate, or allow the violation of any respondent, the court may call a preliminary conference
environmental law, rule or regulation or commit any act to simplify the issues, determine the possibility of
(f) The reliefs prayed for which may include a resulting to environmental damage of such magnitude as obtaining stipulations or admissions from the parties, and
prayer for the issuance of a TEPO. to prejudice the life, health or property of inhabitants in set the petition for hearing.
two or more cities or provinces.
Section 3. Where to file. - The petition shall be filed with The hearing including the preliminary conference shall
the Supreme Court or with any of the stations of the All defenses not raised in the return shall be deemed not extend beyond sixty (60) days and shall be given the
Court of Appeals. waived. same priority as petitions for the writs of habeas corpus,
amparo and habeas data.
Section 4. No docket fees. - The petitioner shall be The return shall include affidavits of witnesses,
exempt from the payment of docket documentary evidence, scientific or other expert studies, Section 12. Discovery Measures. - A party may file a
and if possible, object evidence, in support of the defense verified motion for the following reliefs:
fees. of the respondent.
(a) Ocular Inspection; order — The motion must
A general denial of allegations in the petition shall be show that an ocular inspection order is
Section 5. Issuance of the writ. - Within three (3) days
considered as an admission thereof. necessary to establish the magnitude of the
from the date of filing of the petition, if the petition is
violation or the threat as to prejudice the life,
sufficient in form and substance, the court shall give an
Section 9. Prohibited pleadings and motions. - The health or property of inhabitants in two or more
order: (a) issuing the writ; and (b) requiring the
following pleadings and motions are prohibited: cities or provinces. It shall state in detail the
respondent to file a verified return as provided in Section
place or places to be inspected. It shall be
8 of this Rule. The clerk of court shall forthwith issue the
supported by affidavits of witnesses having
writ under the seal of the court including the issuance of (a) Motion to dismiss;
personal knowledge of the violation or
a cease and desist order and other temporary reliefs
threatened violation of environmental law.
effective until further order. (b) Motion for extension of time to file return;

PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 5 of 7

 After hearing, the court may order any person in Section 14. Submission of case for decision; filing of environment, except the award of damages to
possession or control of a designated land or memoranda. - After hearing, the court shall issue an order individual petitioners.
other property to permit entry for the purpose submitting the case for decision. The court may require
of inspecting or the filing of memoranda and if possible, in its electronic Section 16. Appeal. - Within fifteen (15) days from the
form, within a non-extendible period of thirty (30) days date of notice of the adverse judgment or denial of
photographing the property or any relevant from the date the petition is submitted for decision. motion for reconsideration, any party may appeal to the
object or operation thereon. Supreme Court under Rule 45 of the Rules of Court. The
Section 15. Judgment. - Within sixty (60) days from the appeal may raise questions of fact.
The order shall specify the person or persons time the petition is submitted for decision, the court shall
authorized to make the inspection and the date, render judgment granting or denying the privilege of the Section 17. Institution of separate actions. - The filing of a
time, place and manner of making the inspection writ of kalikasan. petition for the issuance of the writ of kalikasan shall not
and may prescribe other conditions to protect preclude the filing of separate civil, criminal or
the constitutional rights of all parties. The reliefs that may be granted under the writ are the administrative actions.
following:
(b) Production or inspection of documents or RULE 8
things; order – The motion must show that a (a) Directing respondent to permanently cease WRIT OF CONTINUING MANDAMUS
production order is necessary to establish the and desist from committing acts or neglecting
magnitude of the violation or the threat as to the performance of a duty in violation of Section 1. Petition for continuing mandamus. - When any
prejudice the life, health or property of environmental laws resulting in environmental agency or instrumentality of the government or officer
inhabitants in two or more cities or provinces. destruction or damage; thereof unlawfully neglects the performance of an act
which the law specifically enjoins as a duty resulting from
After hearing, the court may order any person in (b) Directing the respondent public official, an office, trust or station in connection with the
possession, custody or control of any designated government agency, private person or entity to enforcement or violation of an environmental law rule or
documents, papers, books, accounts, letters, protect, preserve, rehabilitate or restore the regulation or a right therein, or unlawfully excludes
photographs, objects or tangible things, or environment; another from the use or enjoyment of such right and
objects in digitized or electronic form, which there is no other plain, speedy and adequate remedy in
constitute or contain evidence relevant to the (c) Directing the respondent public official, the ordinary course of law, the person aggrieved thereby
petition or the return, to produce and permit government agency, private person or entity to may file a verified petition in the proper court, alleging
their inspection, copying or photographing by or monitor strict compliance with the decision and the facts with certainty, attaching thereto supporting
on behalf of the movant. orders of the court; evidence, specifying that the petition concerns an
environmental law, rule or regulation, and praying that
The production order shall specify the person or persons (d) Directing the respondent public official, judgment be rendered commanding the respondent to
authorized to make the production and the date, time, government agency, or private person or entity do an act or series of acts until the judgment is fully
place and manner of making the inspection or production to make periodic reports on the execution of the satisfied, and to pay damages sustained by the petitioner
and may prescribe other conditions to protect the final judgment; and by reason of the malicious neglect to perform the duties
constitutional rights of all parties. of the respondent, under the law, rules or regulations. The
petition shall also contain a sworn certification of non-
(e) Such other reliefs which relate to the right of
Section 13. Contempt. - The court may after hearing forum shopping.
the people to a balanced and healthful ecology
punish the respondent who refuses or unduly delays the or to the protection, preservation, rehabilitation
filing of a return, or who makes a false return, or any or restoration of the Section 2. Where to file the petition. - The petition shall
person who disobeys or resists a lawful process or order be filed with the Regional Trial Court exercising
of the court for indirect contempt under Rule 71 of the jurisdiction over the territory where the actionable
Rules of Court.
PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 6 of 7
neglect or omission occurred or with the Court of Appeals Section 8. Return of the writ. - The periodic reports
or the Supreme Court. submitted by the respondent detailing compliance with
the judgment shall be contained in partial returns of the
Section 3. No docket fees. - The petitioner shall be writ.
exempt from the payment of docket fees.
Upon full satisfaction of the judgment, a final return of
Section 4. Order to comment. - If the petition is sufficient the writ shall be made to the court by the respondent. If
in form and substance, the court shall issue the writ and the court finds that the judgment has been fully
require the respondent to comment on the petition implemented, the satisfaction of judgment shall be
within ten (10) days from receipt of a copy thereof. Such entered in the court docket.
order shall be served on the respondents in such manner
as the court may direct, together with a copy of the
petition and any annexes thereto.

Section 5. Expediting proceedings; TEPO. - The court in

which the petition is filed may issue such orders to
expedite the proceedings, and it may also grant a TEPO
for the preservation of the rights of the parties pending
such proceedings.

Section 6. Proceedings after comment is filed. - After the

comment is filed or the time for the filing thereof has
expired, the court may hear the case which shall be
summary in nature or require the parties to submit
memoranda. The petition shall be resolved without delay
within sixty (60) days from the date of the submission of
the petition for resolution.

Section 7. Judgment. - If warranted, the court shall grant

the privilege of the writ of continuing mandamus
requiring respondent to perform an act or series of acts
until the judgment is fully satisfied and to grant such
other reliefs as may be warranted resulting from the
wrongful or illegal acts of the respondent. The court shall
require the respondent to submit periodic reports
detailing the progress and execution of the judgment,
and the court may, by itself or through a commissioner or
the appropriate government agency, evaluate and
monitor compliance. The petitioner may submit its
comments or observations on the execution of the
judgment.

PROVREM RULE 61-65, WRIT OF CONTINUUING MANDAMUS AND KALIKASAN Page 7 of 7