Special Civil Actions

• Interpleader


  A special civil action designed to protect a person against double vexation in respect of a single liability
• Interpleader requires conflicting claims upon the same subject matter are or may be made against the stakeholder who claims no interest whatsoever in the subject matter or an interest which in whole or in part is not disputed by the claimants
• Through interpleader, the stakeholder can join all competing claimants in a single proceeding to determine conflicting claims without exposing the stakeholder to the possibility of having to pay more than once on a single liability
• A successful litigant who has secured a final judgment in its favor cannot later be impleaded by its defeated adversary in an interpleader suit and compelled to prove its claim anew against other adverse claimants as that would in effect be a collateral attack upon the judgment
• An action for interpleader may not be utilized to circumvent the immutability of a final and executory judgment
• Declaratory relief


  A viable remedy to challenge the constitutionality of a law, but does not guarantee that relief can or will be granted
• The standard rules of justiciability apply when the constitutionality of a statute is raised through a petition for declaratory relief
• Declaratory relief as a remedy for constitutional challenge

  Will succeed only when: (1) there is a clear and convincing contrariety of legal rights or (2) facial review is allowed
• Declaratory relief is no longer proper when the law, ordinance, or issuance has already been enforced and the penalty for its violation imposed against the petitioner
• Special Civil Actions are instituted by the filing of a complaint or a petition, together with the payment of docket or filing and other legal fees
• Special Civil Actions are generally governed by ordinary rules unless the specific rule otherwise provides
• Prior resort to barangay conciliation proceedings is required for some actions, e.g., Unlawful Detainer and Forcible Entry
• Requirements on initiatory pleadings

  • Claiming party's causes of action, with the exception of actions for interpleader and declaratory relief
  • Names and residences of the parties
  • Plain, concise and direct statement of the ultimate facts in a methodical and logical form
  • Evidentiary facts or the evidence in which the party pleading relies for his claim
  • Names of witnesses who will be presented to prove the party's claim
  • Summary of the witnesses' intended testimonies and attaching to the initiatory pleading said witnesses' respective judicial affidavits
  • Documentary and object evidence in support of the allegations contained in the pleading
  • Accompanied by a certification against forum shopping, with attached proof of authorization of the affiant (SPA/Secretary's Certificate)
• Prohibited motions


  Motions that are not allowed
• Jurisdiction


  Depends on the subject matter and nature of action as conferred by law and as determined by the allegations in the complaint
• Venue

  Rule 4, unless the specific rule otherwise provides
• Actions affecting title to or possession of real property, or interest therein


  Shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated
• All other actions

  May be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff
• The foregoing shall not apply: (1) in cases where a specific rule or law provides otherwise; or (2) when the parties have validly agreed in writing before the filing of the action on an exclusive venue
• Petition for quo warranto

  Can only be brought in the Supreme Court, Court of Appeals or in the Regional Trial Court exercising jurisdiction over the territorial area where the respondent or any of the respondents resides, unless the Solicitor General commences the action, in which case it may be brought in a Regional Trial Court in the City of Manila, in the Court of Appeals, or in the Supreme Court
• Interpleader

  The Regional Trial Court, Municipal Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, and Municipal Circuit Trial Courts have original jurisdiction over actions for interpleader, depending on the nature and the value of the subject or property in dispute
• In interpleader, the nature of the action or the subject matter is not automatically incapable of pecuniary estimation
• If the subject involves an interest over real property

  Assessed value not exceeding Php400,000.00 is with inferior courts, and when exceeding Php400,000.00, jurisdiction is with RTC
• For all other actions that are capable of pecuniary estimation

  Where the claim does not exceed Php2Million, jurisdiction is with inferior courts and exceeding Php2Million, jurisdiction is with the RTC
• If incapable of pecuniary estimation

  Jurisdiction is with the RTC
• Interpleader

  • Afforded to protect a person against double vexation in respect of one liability and not against double liability
  • There is only one subject matter and liability, but there are 2 or more persons claiming the right to the same against one person, who may be exposed to several cases filed by the said conflicting claimants
• Stakeholder

  Person entrusted with the custody of property or money that is the subject of litigation or of contention between rival claimants
• Condition sine qua non for interpleader is that conflicting claims upon the same subject matter are or may be made against the stakeholder/plaintiff-in-interpleader who claims no interest whatever in the subject matter or has an interest which in whole or in part is not disputed by the claimants
• Plaintiff in interpleader

  • Relegated merely to the role of initiating the suit
  • Provides an avenue for the conflicting claims on the same subject matter to be threshed out in an action
• Interpleader

  1. Instituted by the plaintiff's filing of a complaint against 2 or more defendants who have conflicting claims

  2. May also be instituted by the filing of an answer with a counterclaim or a cross-claim for interpleader
• Interpleader is not expressly prohibited, but not expressly provided either
• Cause of action in interpleader

  • Does not exactly apply the ordinary civil action rule that requires every action to be based on a cause of action
  • Plaintiff-in-interpleader claims no interest in the subject matter of the case, or may have an interest in the subject matter provided that said interest, in whole or in part, is not disputed by the conflicting claimants or the defendants
  • The existence of conflicting claims among the defendants
• In the absence of the sine qua non element for interpleader, the complaint for interpleader is susceptible to dismissal for having no cause of action
• Consignation


  • Produces the effect of payment or performance of the obligation
  • In case of dispute as to whom payment should be made, either consignation or an action for interpleader may be availed of, at the option of the plaintiff
• Instances when prior tender of payment in consignation is excused

  • When the creditor is absent or unknown, or does not appear at the place of payment
  • When the creditor is incapacitated to receive the payment at the time it is due
  • When, without just cause, the creditor refuses to give a receipt
  • When two or more persons claim the same right to collect
  • When the title of the obligation has been lost
• The plaintiff in an interpleader case shall pay for the docket and other legal fees as required under the rules
• Payments, in addition to the costs and litigation expenses incurred by the plaintiff as a consequence of the interpleader case, shall constitute a lien or charge on the subject matter of the action
• Unless otherwise ordered by the court, the conflicting claimants are the ones who should pay the docket and other lawful fees arising from their respective claims
• Upon the filing of the complaint

  1. The court shall determine if there are grounds to dismiss for lack of jurisdiction over the subject matter, litis pendentia, res judicata, or statute of limitations

  2. The court shall issue summons and order requiring the conflicting claimants to interplead with one another

  3. The order to interplead may also contain a deposit order
• Provisional Remedy of Deposit Order

  • If the interests of justice so requires, the court may direct in the order to interplead that the subject matter be paid or delivered to the court
  • A provisional remedy whereby money or other property is placed in custodia legis to ensure restitution to whichever party is declared entitled thereto after court proceedings
  • The basis is not found in Rules 57 to 61 on provisional remedies, but under Sections 5 (g) and 6, Rule 135, which provide for the courts' inherent power