Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Special Civil Actions

Special Civil Actions

Ratings: (0)|Views: 732|Likes:
Published by jojitus
SPECIAL CIVIL ACTIONS
SPECIAL CIVIL ACTIONS

More info:

Published by: jojitus on Apr 05, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

03/31/2014

pdf

text

original

 
SPECIAL CIVIL ACTIONS
 
Ordinary Civil ActionsSpecial Civil ActionsSpecial Proceedings
A party sues another for the enforcement or protection of a right or the prevention or redress of a wrongA civil action subject to specific/special rulesIt is a remedy by which a party seeks to establish a status, a right or a particular factGoverned by the rules for ordinary civil actionsOrdinary rules apply primarily but subject to specific rulesGoverned by special rules and ordinary rules apply suppletorilyInvolves two or more partiesInvolves two or more partiesMay involve only one partyInitiated by complaintome are initiated by complaint some by petitionInitiated by petition!ased on "OAome special civil actions have no "OA#ot based on "OA $e%cept habeas corpus&
SPECIAL CIVIL ACTIONS INITIATED BY COMPLAINTS PIE!"#$SPECIAL CIVIL ACTIONS INITIATED BY PETITIONS D%& CPM& 'C$
'( )artition*( Interpleader+( %propriation-( .oreclosure of M0( .orcible ntry and 1nlawful 2etainer 3.124'( 2eclaratory elief *( eview of Adjudication of "OM5"/"OA+( "ertiorari-( )rohibition0( Mandamus6( 7uo 8arranto9( "ontempt
SPECIAL CIVIL ACTIONVEN(E)(%ISDICTION
'( )artition5ocation of eal )roperty or a portion thereof:If )ersonal )roperty; )laintiff<s or 2efendant<s residence="; incapable of pecuniary estimation*( Interpleader)laintiff<s or 2efendant<s residenceM="; value of claim or personal property does #O= e%ceed )+>>? or )->>? in Metro Manila;eal )roperty@ does not e%ceed )*>? or )0>? in Metro Manila="; if value e%ceeds the amounts above or if e%clusively within ="<s  jurisdiction
i.e. incapable of  pecuniary estimation such as specific performance or recovery of title
+( %propriation5ocation of eal )roperty or a portion thereof:If )ersonal )roperty; )laintiff<s or 2efendant<s residence="; incapable of pecuniary estimation-( .oreclosure of M5ocation of eal )roperty or a portion thereof:="; incapable of pecuniary estimation0( .125ocation of )ropertyM="6( 2eclaratory elief)etitioner/espondent<s residence="9( "ertiorari, )rohibition, Mandamus=" of the place where )O#2#= is situated If petition is filed with "A, " or andiganbayan; location of respondent is immaterial=", "A, ", andiganbayan in aid of its appellate jurisdictionB( 7uo 8arranto=" of the place where )O#2#= is situated
If petition is filed with "A, =", "A, "
HLP©2009-3BPage 1
 
" or andiganbayan; location of respondent is immaterial
I. olGen commenced the action, should be in =";Manila, or "A, or "
andiganbayan has e%clusive original jurisdiction on Cuo warranto in cases filed by )"GGD( "ontempt8here court involved is sittingM=", =", "A, "
"=IO# '(8hen interpleader proper( E 8henever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves( "=IO# *(Order( E 1pon the filing of the complaint, the court shall issue an order reCuiring the conflicting claimants to interplead with one another( If the interests of justice so reCuire, the court may direct in such order that the subject matter be paid or delivered to the court("=IO# +(ummons( E ummons shall be served upon the conflicting claimants, together with a copy of the complaint and order( "=IO# -(Motion to dismiss( E 8ithin the time for filing an answer, each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in ule '6( =he period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than five $0& days in any event, reckoned from notice of denial( "=IO# 0(Answer and other pleadings( Each claimant shall file his answer setting forth his claim within fifteen $'0& days from service of the summons upon him, serving copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these ules( If any claimant fails to plead within the time herein fi%ed, the court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter( =he parties in an interpleader action may file counterclaims, cross;claims, third;party complaints and responsive pleadings thereto, as provided by these ules( "=IO# 6(2etermination( E After the pleadings of the conflicting claimants have been filed, and pre;trial has been conducted in accordance with the ules, the court shall proceed to determine their respective rights and adjudicate their several claims( "=IO# 9(2ocket and other lawful fees, costs and litigation e%penses as liens( E =he docket and other lawful fees paid by the party who filed a complaint under this ule, as well as the costs and litigation e%penses, shall constitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise(
$'& =he plaintiff claims no interest in the subject matter or his claim is not disputed:$*& =here must at least be two $*& or more conflicting claimants:$+& =he parties to be interpleaded must make effective claims: and$-& =he subject matter must be one and the same(
Interpleader was found to be a proper action in an action of a lessee who does not know to whom to pay rentals due to conflicting claims on the property: $
 and in an action by a bank where the purchaser of a cashierFs check claims it was lost and another has presented it for payment(
 "esina v. #$%, 198&
&( It was however found to be improper in an action where defendants have conflicting claims against the plaintiff: $
 
 , 19&9
 and an action where one of the defendants had earlier sued the plaintiff and
HLP©2009-3BPage 2
 
secured a judgment against him which has already become final( =he action is barred by
laches
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( $Ibid&
=he summons shall be accompanied by copies of the complaint and order mentioned in #o( '( =he defendants may file a motion to dismiss on the ground of the impropriety of the interpleader action or on other appropriate grounds specified in ule '6(
=he defendants shall serve a copy of the answer not only to the plaintiff but also to their co;defendants who may file their reply thereto(
=he effect of a failure to plead within the prescribed period is that, upon motion, the defendant will be declared in default and thereafter renders judgment barring him from any claim in respect to the subject matter(
or e-ample
=here is a deposit of goods with a depository$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 doesnt 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(
HLP©2009-3BPage 3

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->