RULE 1

(Section 1) TITLES OF RULES – These Rules shall be known and cited as Rues of Court

Rules of Court
It is promulgated by the rule-making body of the Supreme Court, constitute the main
source of Remedial Law in the Philippines. It is not, however, the only source. Rules of Court may
come from circulars and administrative issuances of the Supreme Court. Rules are also embodied
in some provision of Phil Constitution and even statute passed by the legislature.

The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can,
however, be made applicable to cases pending at the time of their passage and therefore are retroactive in
that sense.

Under the 1987 Constitution, the rule-making power of the Supreme Court has the following
limitations:

1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases;
2. Uniform for all courts of the same grade; and
3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]).

(Section 2) IN WHAT COURTS:

These Rules shall apply in all courts, except as otherwise provided by the supreme courts.

(Section 3) CASES GOVERNED:

This Rules shall govern procedure to be observed in actions, civil, criminal and special
proceeding.

APPLICABILITY:
1. Civil Action – one by which a party sues another for the enforcement or protection of a right
or the prevention or redress of a wrong.
2. Criminal Action – one by which the Stake prosecutes a person for an act or omission
punishable by law.
3. Special Proceedings – remedy by which a party seeks to establish a status, a right, or a
particular fact.

Distinctions Between Civil Action, Criminal Action and Special Proceeding

CIVIL ACTION CRIMINAL ACTION SPECIAL PRO

One by which a party sues
Definition another for the enforcement or
protection of a right or the
prevention or redress of a wrong.
(Section 3, Rule 1)
One by which the State prosecutes a A remedy by which a party seek to
person for an act and omission establish a status, a right, or
punishable by the revise penal code. particular fact.
(Sec 1(b), Rule1) (Sec 19c, Rule 1)

Governing Rules 1-71 Rules 110-127 of the Revised Rules Rules 72-109
Rules: of Criminal Procedure Rules on ordinary civil actions only
applies in suppletory character
On a cause of action On acts or omission in violation of On particular facts, status or right
Basis penal laws sought to be established

Nature The proceeding is adversarial It is adversarial and prosecutorial in As a rule, it is non-adversarial,

since it involves 2 contending nature except when there is an oppositor/
parties respondent.

Parties: Plaintiff and defendant. -State and Accused -Party in special proceeding is the
(SCA) Petitioner and respondent For Preliminary investigation petitioner except when opposed,
-Complainant and Accused oppositor or respondent.

(Section 4) In what case not applicable

1. Election Cases;
2. Land registration/cadastral cases;
3. Naturalization;
4. Insolvency proceedings;
 5. Other cases not provided in the Rules of Court.
(Section 5) Commencement of action
A civil action is commencement by:
1. The FILING OF THE COMPLAINT (when an additional defendant is impleaded in a later
pleading, the action is commenced with regard to him on the date of the filing of such
LATER PLEADING); and

Cabrera v. Tiano 8 SCRA 54 (1963) Civil actions are deemed commenced from the date of
the filing and docketing of the complaint, without taking into account the issuance and
service of summons.

2. The PAYMENT OF DOCKET FEES (determined not only in the amount of the claim but
also by the amount of damages). NOTE: The amount of damages should be specified not only
in the body of pleading but also in the prayer. The court may allow the payment of the
deficient docket fee within a reasonable period but not beyond the applicable prescriptive or
reglementary period. An action can be commenced by filing the complaint by registered mail.
In which case, it is the date of mailing that is considered as the date of filing and not the date
of the receipt thereof by the clerk of court.

(Section 6) Construction:
GENERAL RULE: Liberal construction
Liberal Construction means a legal concept instructing parties interpreting a statute to
give an expansive meaning to terms and provisions within the statute. The goal of liberal
construction is to give full effect in implementing a statute's requirements. (Just, speedy and
inexpensive)
EXCEPTIONS: 1. reglementary periods, 2. rule on forum shopping.
Forum shopping- It is an act of malpractice committed by the parties to the case by
filing multiple suits before different court or fora, either successively or simultaneously, involving
the same parties, cause of action; and asking for the same relief, for the purpose of obtaining a
favorable judgment.

RULE 2

(Section 1), Meaning of ordinary civil actions-

Ordinary Civil Action is an action based on a caused of action. This means that the
defendant must have performed an act or omission by which a party violates of the rights of
another.

(Section 2) Cause of action, defined

CAUSE OF ACTION – The delict or wrongful act or omission committed by the
defendant in violation of the primary rights of the plaintiff.
(8. DBP vs. Castillo, G.R. No. 163827, 17 Aug. 2011)
The essential requisite of a cause of action
1. LEGAL RIGHT of the plaintiff.
2. CORRELATIVE OBLIGATION of the defendant to respect plaintiff’s right; and
3. Act or omission of the defendant in VIOLATION of the plaintiff’s legal right.

1. Right of action versus cause of action

As to: CAUSE OF ACTION RIGHT OF ACTION

Delict or wrongful act or omission Remedial right or right to relief granted
Definition committed by the defendant in by law to a party to institute an action
violation of the primary rights of against a person who has committed a
the plaintiff delict or wrong against him.
 Cause Reason for bringing an action Remedy for bringing an action
Application of Formal statement of the operative The remedial right was given to the
Remedial Right facts that give rise to remedial person because of the operative facts
rights
Governing Rule Matter of procedure and is Matter of right and depends on
Or law governed by the pleadings filed by substantive law
the parties
Not affected by affirmative Affected by affirmative defenses
Effect of Defenses defenses (fraud, prescription, (fraud, prescription, estoppel, etc.)
estoppel, etc.)

2. Failure to state a cause of action versus lack of cause of action

AS TO:

Filing motion
to dismiss

Basis

Effect on
Amendment

Effect when
MtD is denied

Effect when
MtD is granted

Governing law
For dismissal

(9. Macaslang vs. Zamora, G.R. No. 156375, 30 May 2011)

Test of the sufficiency of a cause of action

1) Admitting the truth of the facts alleged, can the court render a valid judgment in
accordance with the prayer?” To be taken into account are only the material
allegations in the complaint; extraneous facts and circumstances or other matters
aliunde are not considered.

2) The principle, that other matters aside from the allegations in the complaint are not to
be considered, is not, however, a hard and fast rule.
a. The court may consider, in addition to the complaint, the appended annexes
or documents, other pleadings of the plaintiff, or admissions in the records
(Zepeda v. China Banking Corporation, supra).

(Section 3) One suit for a single cause of action

A party may not institute more than one suit for a single cause of action.
(Section 4) Splitting a single cause of action; effect of

SPLITTING OF CAUSE OF ACTION – is the act of dividing a single or indivisible cause of

action into several parts or claims and bringing several actions thereon. IT IS PROHIBITED.

PURPOSE: To avoid multiplicity of suits and unnecessary vexation and harassment of

defendants. Applies NOT only to complaints but also to counterclaims and cross-claims. Remedies
against splitting a single cause of action: A. Motion to dismiss on the ground of:
1. Litis pendentia (Rule 16, Section 1 [e]);
(Litis pendentia "refers to that situation wherein another action is pending between the
same parties for the same cause of action, such that the second action becomes unnecessary and
vexatious.")

2. Res judicata (Rule 16, Section 1 [f]).

(Res judicata means a matter that has been adjudicated by a competent court and may
not be pursued further by the same parties.)

(10. Chu vs. Cunanan, G.R. No. 156185, 12 Sept. 2011)

(Section 5) Joinder of causes of action

Joinder of causes of action is the assertion of as many causes of action as a party may have
against another in one pleading alone (Sec. 5, Rule 2, Rules of Court). It is the process of uniting two or
more demands or rights of action in one action.
(Joinder is a process by which parties and claims are added to an ongoing lawsuit. The typical litigation scenario
begins with a plaintiff who enters into a lawsuit by suing a defendant. The plaintiff has a claim against the defendant for which
he or she seeks some type of relief.)

REQUISITES FOR JOINDER OF CAUSES OF ACTION:

1. The party joining the causes of action must comply with the rules on joinder of
parties.
2. The joinder shall not include special and actions or actions governed by special
rules.
3. Where the causes of action are between the same parties but pertain to different
venues or jurisdiction is with the Regional Trial Court, provided that:
a.One of the causes of action falls within the jurisdiction of the RTC; and
b. venue lies thereon.

4. Where the claims in the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction. (Totality Rule)

(Section 6) Misjoinder of causes of action

(Misjoinder means a joinder of a cause of action that is ought not to have been joined in the complaint. In other
words, it refers to impleading an unnecessary cause of action. However, Non-joinder refers to a situation when a cause of
action ought to have been impleaded according to the law is not impleaded.)

 Whenever in any pleading in which a claim is asserted a necessary party is not joined, the
pleader shall set forth his name, if known, and shall state why he is omitted. Should the
court find the reason for the omission unmeritorious, it may order the inclusion of the
omitted necessary party if jurisdiction over his person may be obtained.

 Misjoinder of causes of action NOT a ground for dismissal of an action. A misjoined case
of action may be severed and proceeded with separately. There is no sanction against
non-joinder of separate causes of action since a plaintiff needs only a single cause of
action to maintain an action.

Remedy in case of misjoinder of actions

When there is a misjoinder of causes of action, the erroneously joined cause of action can
be severed and proceeded separately upon motion by a party or upon the court’s own initiative.
Misjoinder is not a ground for dismissal of an action (Sec. 6, Rule 2, Rules of Court).
 RULE 3 (Parties to Civil Actions)
(Section 1) Who may be parties; plaintiff and defendant

PARTIES TO A CIVIL ACTION

1. A natural person
2. A juridical person; or
3. An entity authorized by law.

PLAINTIFF – one having an interest in the matter of the action or in obtaining the relief
demanded.
DEFENDANT - one claiming an interest in the controversy or the subject thereof adverse to the
plaintiff.
A real party in interest PLAINTIFF is one who has a LEGAL RIGHT, while a real party in
interest DEFENDANT is one who has a correlative LEGAL OBLIGATION whose act or omission
violates the legal right of the former.
The term defendant may include:

1. An unwilling plaintiff or one who should be joined as plaintiff but refuses to give his
consent thereto (Section 10, Rule 3);
2. The original plaintiff becoming a defendant to original defendant’s counterclaim;
and
3. One necessary to a complete determination or settlement of the questions involved
therein.

(Section 2) Parties in interest

REAL PARTY IN INTEREST – the party who stands to be benefited or injured by the
judgment in the suit or the party entitled to the avails of the suit.

CLASSIFICATION OF PARTIES IN INTEREST:

Quasi parties – those in whose behalf a class or representative suit is brought.

(11. Guy vs. Guy, G.R. No. 189486, 5 Sept. 2012)

(Section 3) Representatives as parties

Representative parties – those acting in fiduciary capacity such as trustees, guardians,

executors, or administrators. The beneficiary shall be included in the title of the case and shall
be deemed to be real part in interest.

Who are the representatives?

1. Trustee of an express trust
2. Guardian
3. Executor or administrator
4. Party authorized by law or the Rules of Court
5. Agent acting in his own name and for the benefit of an undisclosed principal may sue
or be sued without joining the principal except when the contract involves things belonging to
the principal.

(Section 4) Spouses as parties

Pro forma parties- those who are required to be joined as co-parties in suits by or
against another party as may be provided by the applicable substantive law or procedural rule
such as in the case of spouses under Section 4.

(Section 5) Minor or incompetent persons

 Under the present rules, a suit may be brought by or against a minor or
incompetent but with the assistance of his parents or his guardian. A person NEED NOT
be judicially declared incompetent, it being sufficient that his incompetency be alleged in
the corresponding pleadings.

Minors represented by their parents were held as real parties in interest to file an
action to annul timber licenses issued by the state, under the following principles:
a. inter-generational responsibility
b. inter-generational justice
c. right of the people to a balanced and healthful ecology
d. minors represent themselves and the generations to come
(Oposa vs.Factoran, G.R. No. 101083, July 30,1993)

(Section 6) Permissive joinder of parties

Persons may join as plaintiffs or may be joined as defendants when there is:
1. Right to relief by or against said persons in respect to or arising out of the SAME
TRANSACTION or series of transactions (connected with the same subject matter of the
suit) and
2. Question of law or fact COMMON to all such plaintiffs or to all such defendants in the
action.

Ex. In a damage suit by heirs of airline passengers who perished in a plane crash, all the heirs
of the dead passengers may join as plaintiffs against the airline company. There is here a
common question of fact and of law, although each has a SEPARATE, DISTINCT and
DIFFERENT CLAIM as to amount from the others.

They cannot file a class suit, where there is only ONE RIGHT OR CAUSE OF ACTION
pertaining or belonging in common to many persons, not separately or severally to
distinguish the individual.

What are the effects of non-inclusion of a necessary party? (Rule 3, Sec, 9) The failure to
comply with the order for his inclusion, without justifiable cause, shall be deemed a
WAIVER of the claim against such party.

Said non-inclusion does not a. prevent the court from proceeding in the action, and b. the
judgment rendered therein shall be c. WITHOUT PREJUDICE to the rights of such necessary
party.

(Section 7) Indispensable parties

Indispensable parties- They are those with such an interest in the controversy that a
final would necessarily affect their rights so that the court cannot proceed without their
presence

What is the effect of failure to include indispensable parties?

The failure to include indispensable parties results in DISMISSAL of the action. Parties
in interest without whom there can be no final determination of an action SHALL be joined
either as plaintiffs or defendants (Rule 3, Sec. 7). Absence of indispensable parties renders all
subsequent actions of the court NULL AND VOID. It results in lack of authority to act not
only as to the party absent but also as those present (Domingo vs. Scheer, 421 SCRA 468
[2004])

(Section 8) Necessary party

Necessary (or proper) parties – Should be joined whenever possible, the action can proceed
even in their absence.
a) if COMPLETE RELIEF is to be accorded as to those already parties, or
b) for a COMPLETE DETERMINATION or SETTLEMENT of the claim subject of the
action.
 Their presence is necessary to adjudicate the whole controversy but whose interests are so far
SEPARABLE that a final decree can be made in their absence without affecting them.
Non-inclusion of a necessary party does not prevent the court from proceeding in the action and
the judgment is WITHOUT PREJUDICE to the rights of such necessary party.
Examples of necessary parties: 1. Co-debtor – in a joint obligation 2. Subsequent mortgagees or
lien holders – in judicial foreclosure of mortgage 3. Possessor (tenant, etc.) – in an action for recovery of
ownership of land (the owner is the indispensable party).

(Section 9) Non-joinder of necessary parties to be pleaded

Non-joinder of necessary parties to be pleaded. Whenever in any pleading in which a claim is

asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why
he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion
of the omitted necessary party if jurisdiction over his person may be obtained.

The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a
WAIVER of the claim against such party.

(Section10) Unwilling co-plaintiff

If the consent of any party who should be joined as plaintiff cannot be obtained, he may
be made a defendant and the reason therefore shall be stated in the complaint.

(Section 11) Misjoinder and non-joinder of parties

Neither misjoinder nor non-joinder of parties is a ground for dismissal of the action

NOTE: Objections to defects in parties should be made at the earliest opportunity, i.e.,
the moment such defect becomes apparent, by a MOTION TO STRIKE THE NAMES OF
THE PARTIES impleaded.

Objections to misjoinder cannot be raised for the first time on appeal. The non joinder of
an indispensable or a necessary party is not by itself ipso facto a ground for the dismissal of
the action. The court should order the joinder of such party and non compliance with the said
order would be a ground to the dismissal of the action (Feria, 2001).

(Section 12) Class suit

Class suit (Rule 3, Sec. 12) An action filed or defended by one or more parties for the
benefit of parties who are so numerous that it is impracticable to bring them all before the
court, involving a matter which is of common or general interest to such numerous persons.
There should be only ONE RIGHT OR CAUSE OF ACTION pertaining or belonging in
common to many persons, not separately or severally to distinguish the individuals. Ex.
Derivate suit brought in behalf of numerous stockholders of a corporation to perpetually
enjoin or nullify a breach of trust or ultra act of the company’s board of directors. There is
only a single right of action pertaining to numerous stockholders, not multiple rights
belonging separately to several distinct persons.

(12. J. Complex I Homeowners vs. Fil-Estate Land, Inc., G.R. No. 152272, 5 Mar. 2012)

(Section 13) Alternative defendants

Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join
any OR all of them in the alternative, although a right to relief against one may be inconsistent with a
right to relief against the other.

(Section 14) Unknown identity or name of defendant

Whenever the identity or name of a defendant is unknown, he may be sued as the unknown
owner, heir, devisee, or by such other designation as the case may require; when his identity or true name
is discovered, the pleading must be amended accordingly;
 REQUISITES:

1. There is a defendant
2. His identity or name is unknown;
3. Fictitious name may be used because of ignorance of defendant’s true name and said
ignorance is alleged in the complaint;
4. Identifying description may be used; sued as unknown owner, heir, devisee, or other
designation;
5. Amendment to the pleading when identify of true name is discovered; and
6. Defendant is the defendant being sued, not a mere additional defendant.

NOTE: Service of summons upon a defendant whose identify is unknown may be made
by publication in a newspaper of general circulation in accordance with Section 14of Rule 14.
The action must however be converted into an action in rem or quasi by attaching the
defendant’s property in the Philippines.

(Section 15) Entity without juridical personality as defendant

When two or more persons not organized as an entity with juridical personality enter into
a transaction, they may be sued under the name by which they are generally or commonly known.

REQUISITES:
1. There are two or more persons not organized as a juridical entity;
2. They enter into a transaction; and
3. A wrong or delict is committed against a third person in the course of such transaction.
NOTE: Persons associated in an entity without juridical personality may be sued under the
name by which they are generally or commonly known, but they cannot sue under such name.
The service of summons may be effected upon all the defendants by serving upon any of
them, or upon the

(Section 16) Death of party; duty of counsel

Death of a party and duty of counsel to inform court

1. Construed together, Secs. 16 and 20 of the Rules of Court mean that ONLY
PURELY PERSONAL ACTIONS, i.e., legal separation involving nothing more than
bed-and –board separation of the spouses, action for support, and the right of the
offended party to institute criminal action DO NOT SURVIVE the death of the
accused. Such cases will be DISMISSED and the deceased CANNOT BE
SUBSTITUTED by his legal representative.

2. ALL OTHER ACTIONS SURVIVE the death of a party litigant. In all such cases,
substitution by the legal representative is proper.
Examples of claims NOT extinguished by death:
a. Recovery of real and personal property against the estate, such as ejectment case;
b. Enforcement of liens on such properties;
c. Recovery for an injury to person or property by reason of tort committed by the
deceased.
d. Actions for the recovery of money, arising from a contract, express or implied;

(13. Santamaria vs. Atty. Tolentino, A.C. No. 12006, 29 June 2020 14. Siao vs. Atty. Atup,
A.C. No. 10890, 1 July 2020 )

(Section 17) Death or separation of a party who is a public officer

REQUISITES:

1. Public officer is a PARTY TO AN ACTION in his official capacity;

2. During the pendency of the action, he either DIES, RESIGNS, OR OTHERWISE

CEASES to hold office;
 3. It is satisfactorily shown to the court by any party, within 30 days after the successor
takes office, the there is a SUBSTANTIAL NEED for continuing or maintaining the
action;

4. That the successor ADOPTS OR CONTINUES OR THREATENS TO ADOPT OR

CONTINUE the action of his predecessor; and

5. The party or officer affected has been given REASONABLE NOTICE of the application
therefore and accorded an opportunity to be heard.

(Section 18) Incompetency or incapacity

In case a party becomes incompetent or incapacitated, the action survives and may be
continued by against the incompetent incapacitated assisted by his legal guardian or guardian ad
litem who is his legal representative.

(Section 19) Transfer of interest

NOTE: The transfer of interest that is obviously referred to in this section is a transfer that
occurs during the pendency of the action. The transferor would no longer be the real party in
interest if the transfer is made before the commencement of the suit.

GENERAL RULE: The rule does not consider the transferee an indispensable party. Hence,
the action may proceed without the need to implead him.

EXCEPTION: When the substitution by or joinder of the transferee is ordered by court. The
case will be dismissed if the interest of plaintiff is transferred to defendant UNLESS there are
several plaintiffs, in which case, the remaining plaintiffs can processed with their own cause
of action.

(Section 20) Action and contractual money claims

REQUISITES
1. The action must primarily be for RECOVERY OF MONEY, DEBT, OR INTEREST
thereon;
2. The claim, subject of the action, AROSE FROM CONTRACT, express or implied; and
3. Defendant dies BEFORE THE ENTRY OF FINAL JUDGMENT in the court in which the
action was pending

NOTE: Under this section, the death of the defendant will not result in the dismissal of the
action. The deceased shall be substituted by his legal representatives in the manner provided
for in Section 16 of Rule 3 and the action continues until the entry of final judgment.
However, execution shall not issue in favor of the winning party. It should be filed as a claim
against the estate of the decedent without need of proving the claim.

(Section 21) Indigent party

Indigent – one who has no money or property sufficient and available for food, shelter,
and basic necessities. He need not be a pauper to entitle him to litigate in forma pauperis.

While the authority to litigate as an indigent party may be granted upon an ex parte
application and hearing, it may be contested by the adverse party at any time before judgment
is rendered.

If one is authorized to litigate as an indigent, such authority shall include:

1. An exemption from the payment of docket fees;
2. An exemption from the payment of transcript of stenographic notes.

(Section 22) Notice to the Solicitor General

RULE 4
 (Venue of Actions)

VENUE – the place trial or geographical location in which an action or proceeding

should be brought.

(Section 1)Venue of real actions

The venue is the place where the real property or any portion thereof is located.
If property is located at the boundaries of two places: File case in either place at the option of
the plaintiff.

If case involves two properties located in two different places:

1. if the properties are the object of the same transaction, file it in any of the two places;
2. If they are the subjects of two distinct transactions, separate actions should be filed in each
place unless property joined.

(Section 2) Venue of personal actions

1. Where the plaintiff or any of the principal plaintiffs resides;

2. Were the defendant or any of the principal defendants resides; or
3. In the case of a non-resident defendant, the action may be brought in the place where he may
be found.
NOTE: ALL AT THE ELECTION OF THE PLAINTIFF.

Means of waiving venue:

1. Failure to object via motion to dismiss;
2. Affirmative relief sought in the court where the case is filed;
3. Voluntary submission to the court where the case is filed; or
4. Laches.

(Section 3) Venue of actions against nonresidents

NON-RESIDENT FOUND IN THE PHILIPPINES

a. for personal actions – where the plaintiff resides; and
b. for real actions – where the property is located.

NON-RESIDENT NOT FOUND IN THE PHILIPPINES – An action may be filed only when the case
involves:
a. Personal status of plaintiff – venue: where plaintiff resides;
b. Any property of said defendant located in the Philippines – venue: where the property or any
portion thereof is situated or found.

The Supreme Court has the power to order a change of venue to prevent miscarriage of justice.
(Section 4) When Rule not applicable
1. In those case where specific rule or law provides otherwise;
2. Where the parties have validly agreed in writing before the filing of the action on the
exclusive venue thereof.

Effects of stipulations on venue

Where parties have validly agreed in writing before filing of the action on exclusive venue
thereof.
Provision that “We hereby expressly submit to the jurisdiction of the courts of Valenzuela any
legal action which may arise out of this promissory note” is PERMISSIVE stipulation only. It does not
require the laying of venue in Valenzuela exclusively or mandatorily. No qualifying or restrictive words
like “must”, “only” or “exclusively”. Hence no intent by parties to restrict the venue of actions arising out
of the promissory notes to the courts of Valenzuela only (Phil. Banking Corp. vs. Tensuan, 228 SCRA
385 (1993)

TO SUMMARIZE: Waiver of improper venue may be made through:

1. express waiver – through written agreement.
2. implied waiver – through failure to seasonably object to improper venue in a motion to
dismiss or answer
 Improper venue may be questioned through:

1. motion to dismiss (Rule 16, Sec. 1(c)) - if denied, file with the higher court a petition for
prohibition with prayer for TRO and preliminary injunction, as lower court has no power to enforce its
orders in said case, the same being outside the territorial jurisdiction of the judge before whom it was
filed.
2. affirmative defense in answer (Rule 16, Sec. 6).

RULE 5
(Uniform Procedure In Trial Courts)
(Section 1) Uniform procedure

The procedure in the MTC shall be the same as in the RTC, except:
1. where a particular provision expressly or impliedly applies only to either of said courts or;
2. in civil cases governed by the Rule on Summary Procedure

2. Meaning of terms
______________________________________________________________________________
Meaning of special civil actions

Governed by ordinary rules but SUBJECT to specific rules prescribed

(Rules 62 to 71). Examples: interpleader, declaratory relief, certiorari, prohibition,
mandamus, quo warranto, eminent domain, foreclosure or mortgage, partition, forcible
entry, unlawful detainer and contempt.
An interpleader suit is one in which the real controversy/dispute is not between
the plaintiff and the defendant, but is rather between the defendants only, who inter-
plead against each other.