secured a judgment against him which has already become final( =he action is barred by
or unreasonable delay(
1pon the filing of the complaint, the court shall issue an order reCuiring the conflicting claimants to interplead with one another(
$ules of "ourt, ule 6*, ec( *&
=he court may direct in the same order mentioned in the preceding paragraph that the subject matter of the suit be paid or delivered to the court( $Ibid&
=he summons shall be accompanied by copies of the complaint and order mentioned in #o( '( =he defendants may file a motion to dismiss on the ground of the impropriety of the interpleader action or on other appropriate grounds specified in ule '6(
=he defendants shall serve a copy of the answer not only to the plaintiff but also to their co;defendants who may file their reply thereto(
=he effect of a failure to plead within the prescribed period is that, upon motion, the defendant will be declared in default and thereafter renders judgment barring him from any claim in respect to the subject matter(
=here is a deposit of goods with a depository$warehouseman& and while in custody, "5AIMA#= appears and claims the goods as his own( "laimant H also claims the goods(
/he )arehouse Receipts 0aw allows the warehouseman if he doesnt want to decide for himself who is the proper claimant, to file a complaint for interpleader.
8hat happens if one of the defendants, say "5AIMA#= H did not file an answer
%laimant 2 will be declared in default, and chances are the answering defendant !3, will be awarded the possession or ownership of the property. /his is different in ordinary civil actions, under Rule 9 on partial default, the non5answering defendant will be declared in default, while the answering defendant will go to trial and if 6udgment is rendered in favor of the answering defendant, it will benefit the non5answering defendant.
=here is an additional ground for motion to dismiss founded on IM)O)I=H O. =J .I5I#G O. =J "OM)5AI#="ontinuing with the e%ample above, what if the warehouseman after denying the claim of , the latter filed a complaint for replevin against the warehouseman( "an the warehouseman still file a complaint for interpleader against all the complaints #O( =hat will be splitting the "OA( =he complaint for interpleader should be set up as a counterclaim in the answer(
%CBC v& Metro Container Corp0 1% No& -#23-/0 Sept& -/0 #44-!
If a property was mortgaged and right has been consolidated after failure to redeem, interpleader may no longer be filed by the lessee who pretends not to know to whom payment should be made, because the Cuestion in the unlawful detainer suit is limited to the Cuestion of physical or material possession of the premises( =he issue of ownership is immaterial and the outcome of the case cannot in any way affect conflicting claims of ownership the filing of the interpleader suit is founded on the fact that the lessee did not know to whom payment should be made but due to the judgment ordering it to pay to the lessor, the reason for the interpleader action ceased( 8hen the judgment became final and e%ecutory, the lessee has no more alternative left but to pay the rentals to the lessor( !(
"=IO# '(8ho may file petition( E Any person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, e%ecutive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof, bring an action in the appropriate egional =rial "ourt to determine any Cuestion of construction or validity arising, and for a declaration of his rights or duties thereunder( An action for the reformation of an instrument, to Cuiet title to real property or remove clouds therefrom, or to consolidate ownership under Article '6>9 of the "ivil "ode, may be brought under this ule( "=IO# *()arties( E All persons who have or claim any interest which would be affected by the declaration shall be made parties: and no declaration shall, e%cept as otherwise provided in these ules, prejudice in the rights of persons not parties to the action( "=IO# +(#otice on olicitor General( E In any action which involves the validity of a statute, e%ecutive order or regulation, or any other governmental regulation, the olicitor General shall be notified by the party assailing the same and shall be entitled to be heard upon such Cuestion(