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Rule 62 Interpleader

SEC.1 when to interplead:


1. When conflicting claims over the same
subject matter
2. Made against who has no interest /
made not disputed by the claimants
SEC.2 order be issued when:
1. Filing of complaint
2. Moto prorio in the interest of justice
SEC.3 summons shall include:
1. Copy of complaint and order
2. Served to conflicting claimants
SEC.4
1.
2.

motion to dismiss on interpleader:


Impropriety
Ground stated in Rule 16
filing of motion to dismiss shall toll the
running of the time to file an answer.
if denied shall be allowed to file only to
remaining time but not less than 5
days reckoned from notice of denial.

SEC.5 when is answer and pleading shall be


filed:
1. Within 15 days from service of
summons
2. Must serve a copy to conflicting
claimants
3. Failure to file a answer is ground for
default
4. Party may file counterclaim, cross
claim, 3rd party complaints and
responsive pleading.
SEC.6 determination:
1. After pleading is filed, and
2. Pre-trial is conducted the
proceed to determination

court

SEC.7 docket and lawful fees


1. Shall be paid by party who filed a
complaint
2. As well as the cost of litigation shall
constitute a lien except as otherwise
provided.
Rule 63 Declaratory relief and similar
remedies
SEC.1 who may file declaratory relief and
similar remedies:
1. Any person interested under a deed,
will,
contract
or
other
written
instrument

2. Whose right are affected by statute,


EO or regulation
SEC.2 what can be questioned:
1. Before breach may brought to RTC, in
any question of construction
2. Validity of contract
3. Declaration of right and duties
4. An action for reformation of an
instrument to quite tittle to real
property
5. Consolidate ownership under ART.
1607
SEC.3 parties:
All person who have claim, which
would be affected
SEC.4 notice to OSG:
1. Cases involving the validity of a
statute, EO or regulation or any other
governmental declaration
2. The OSG shall be notified and entitled
to be heard
SEC.5 local government ordinances:
1. Cases involving validity of local
ordinances the prosecutor or attorney
of LGU shall be notified.
2. If it is unconstitutional, the OSG shall
be notified
SEC.6 court action discretionary
1. The court has discretionary power to
hear declaratory relief, if the action
will not terminate the uncertain.
2. Except, the 2nd par. sec. 1 of Rule 63
The action is upon motion or if refused
the court can act motu proprio
SEC.7 conversion to ordinary action:
1. Before the final termination of case, a
breach or violation of an instrument,
statute, EO or order occur
2. The action be allowed to file as
ordinary action.
Rule 64 Review of judgement of
COMELEC and COA
SEC.1 scope of review of judgement:
1. Final order or resolutions of COMELEC
2. Final order or resolutions of COA
SEC.2 mode of review
Brought it to SC on certiorari

SEC.3 time to file petition:


1. Within 30 days from notice of
judgement
2. It shall interrupt the running upon
filing of motion for new trial and
reconsideration
3. If denied, the party may file petition to
the remaining period but shall not be
less than 5 days reckoned from notice
of denial
SEC.4 docket and other lawful fees:
Shall pay before the clerk and deposit
Php500 for cost.
SEC. 5 forms and content of pleading:
1. 18 eligible copies
2. Shall be named before the aggrieved
party
3. Shall
attached
eligible
duplicate
original or certified true copy of
judgment
and
other
pertinent
documents
4. Shall state material dates
5. Shall
contain
sworn
certification
against forum shopping
6. The proof of service
Failure to comply is ground for
dismissal
SEC.6 order to comment:
1. 10 days from notice
2. The court may dismiss, if questioned
raised s unsubstantial and manifestly
filed to delay
SEC.7
1.
2.
3.

comments of respondent:
18 eligible copies
Attached pertinent documents
Copies to petitioner

SEC.8 effects of filing and submission to


decision:
1. Filing of petition will not bar execution
of judgment
2. Unless, the court requires completion
of filing pleading is submitted for
decision
Rule
65
Petition
for
Certiorari,
Prohibition and Mandamus:
SEC.1 what is petition for certiorari:
1. It is file to ANNUL or MODIFY judgment
or proceeding of tribunal
2. Granting of incidental relief as justice
requires

3. For any tribunal acted without or in


excess of jurisdiction and there is no
plain and speedy remedy
4. The petition must have:
Certified true copy of judgment
Pleading and attached documents
Sworn statement of certification of
non-forum shopping.
SEC.2 what is petition for prohibition:
It is a verified petition alleging the
facts with certainty and praying that
judgement be rendered commanding
the respondent to DESIST from further
proceeding.
SEC.3 what is petition for mandamus:
Commanding
the
respondent
immediately or at some other time to
DO ACT required to be done to protect
rights of the petitioner.
SEC.4 where to file:
1. To be filed not more than 60 days from
notice of judgment to be assailed in
the SC
2. In the RTC, within its jurisdiction over
territorial area of the lower court,
corporation, or board of officer
3. CA, for appeal in quasi-judicial bodies
4. CA and Sandiganbayan, in aid of its
jurisdiction
SEC.5 order to comment:
1. 10 days from receipt of copy
2. For certiorari filed before the SC and
CA, they shall permit to file their
answer or any responsive pleading
and not to dismiss though insufficient
in form and substance
SEC.6 expediting the proceeding:
1. The court where the petition id filed
may
issue
TRO
or
preliminary
injunction
2. However, it shall not interrupt the
principal case unless the TRO or
preliminary injunction is issued.
SEC.7
Rule 66 Quo Warranto
SEC.1 what is a quo warranto:

1. An action for USURPATION, INTRUSION


or UNLAWFULLY HOLDING of public
office, position or franchise
2. It filed against:
A person who usurps, intrudes or
unlawfully holding a public office,
position or franchise
Public officer who does or suffers
an act which by provision of law
constitute forfeiture of office
An association which acts as
corporation in the Philippines,
without lawful authority so to act
SEC.2 how quo warranto is commenced:
By fling of verified complaint with
permission of the court
SEC.3 when SolGen or public prosecutor
commence an action:
1. When directed by president of Phil.
2. Upon complaint
3. Or has good reason to believe that it
can be established by proof
SEC.4 when SolGen or public prosecutor
commence an action without permission of
the court:
In case the officer bringing the action
may first require an indemnity for the
expenses and cost of the action
SEC.5 does petition need permission to
commence an action:
YES, permission to commence an
action if granted by the court which
directs that the notice shall be served
to the respondent for him to be heard
and copies shall be served to all
interested parties
SEC.6 when an individual can commence an
action:
Person claiming to be entitled to a
public office shall commence and
bring an action in his own name
SEC.7 what is the content of the petition:
1. Set forth the name of person entitled
thereto
2. An averment to his right and that
respondent is unlawfully in possession
SEC.8 venue

1. An action be brought before the SC,


CA or RTC
2. The RTC must be exercising jurisdiction
over the territorial area where any of
the respondent resides
3. An action brought by SolGen shall be
filed before the RTC of Manila, CA or
SC
SEC.9 period for pleadings and proceeding
may
be
reduced,
ACTION
GIVEN
PRECEDENCE OVER ANY OTHER CIVIL
MATTER PENDING:
The court may reduce period in the
filing of pleadings, in order to secure
the most expeditious determination of
matters involved therein consistent
with the rights of the parties.
SEC.10 judgement were usurpation found:
1. If found guilty the respondent shall be
ousted
an
altogether
excluded
therefrom and petitioner shall recover
his cost
2. Judgment may include determining
respective rights in public position as
justice requires.
SEC.11 rights of person adjudge entitled to
pubic office:
After taking an oath of office and excuting
bond required by law.
1. The person entitled may demand all
books and papers in the custody of
respondent
2. May recover damages sustained by
such person.
Failure to deliver shall amount to contempt
SEC.12 what are the limitations:
NOTHING IS CONSTRUED TO LIMIT AN
ACTION AGAINST PUBLIC OFFICER, unless,
1. The same be commenced 1 year after
the cause of such ouster
2. The right of petitioner to hold such
office arose
3. Action
for
damages
unless
commenced within 1 year after the
entry of the judgement
SEC.13 what is judgment for costs:
The court may render judgment against
1. Petitioner
2. Relator
3. Respondent

4. Person/s claiming to be a corporation


(as justice requires)
Rule 67 Expropriation
SEC. 1 how it is commenced:
1. Filing of verified complaint

2. Shall state with certainty the right and


purpose of expropriation
3. Described real or personal property to
be expropriated
4. Join as defendants all persons owning
or claiming or occupying the property.
Ad if practicable