Module 1

Special Civil Actions

1. Interpleader

a. Jurisdiction

MTC - If the subject matter of the action is personal property, valued at not more than
P300,000.00 outside Metro Manila, and in Metro Manila, at not more than P400,000.00, the
Municipal Trial Court has jurisdiction.

RTC - If the subject matter is real property with an assessed value at not more than P20,000.00
outside Metro Manila, and in Metro Manila, at not more than P50,000.00, the Regional Trial
Court has jurisdiction.

b. Nature and Definition

Definition

An interpleader is a special civil action filed by a person against whom two conflicting claims are
made upon the same subject matter and over which he claims no interest whatsoever, or if he
has an interest, it is one which, in whole or in part, is not disputed by the claimants. [Sec. 1,
Rule 62]

Purpose of the remedy

1. To compel the conflicting claimants to interplead and litigate their several claims among
themselves. [Sec. 1, Rule 62]

2. Not to protect a person against double liability but to protect him from double vexation in
respect of one liability. [Beltran v. PHHC, G.R. No. L-25138 (1969)

c. Propriety of Interpleader

General rule: An action for Interpleader should be filed within a reasonable time after a
dispute has arisen without waiting to be sued by either of the contending parties. Otherwise, it
may be barred by laches. [Wack Wack Golf & Country Club v. Lee Won, G.R. No. L-23851 (1976)]

Exception: Where the stakeholder acts with reasonable diligence in view of environmental
circumstances, the remedy is not barred. [Wack Wack Golf & Country Club v. Lee Won, G.R. No.
L-23851 (1976)]
Who may file
The person against whom the conflicting claims are made and claims no interest in the subject
matter. [Sec. 1, Rule 62]

d. Consignation vs. Interpleader – Art. 1256, Civil Code

Interpleader-Original Action
Consignation- Court Process

e. Docket and other lawful fees, costs and litigation expenses

Docket fees- the basis for determining the correct docket fees shall be the assessed value of the
property, or the estimated value thereof as alleged in the complaint.

f. Summons

Summons shall be served upon the conflicting claimants, together with a copy of the complaint
and order. (Sec. 3, Rule 62)

g. Responsive Pleadings

Answer of each claimant setting forth his claim within 15 days from service of the summons
upon him, serving a copy thereof upon each of the other conflicting claimants who may file
their reply thereto as provided by the ROC.

Counterclaims, cross-claims, third-party complaints and responsive pleadings thereto, as

provided by the ROC, may be filed by the parties in an interpleader action.

h. Declaration of Default

Effect of failure to answer

If any claimant fails to plead within the time herein fixed, the court may, on motion,

a. Declare him in default and

b. Render judgment barring him from any claim in respect to the subject matter.

i.Motion to Dismiss – See Revised Rules – Civil Procedure

Motion to dismiss filed by each claimant within the time for filing an answer on the ground of
impropriety of the interpleader action or on other appropriate grounds specified in Rule 16.
The 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 5 days in any event,
reckoned from notice of denial [Sec. 4, Rule 62]

j. Effect of Dismissal of Interpleader on Counterclaim