BASILISCO, JALEFAYE PROFESSOR: ATTY.
CATH HERMOSO
SPECIAL CIVIL ACTION HOW IS CIVIL REQUISITES
ACTION
INITIATED
1. INTERPLEADER THRU (1) There must be two or
COMPLAINT more claimants with
adverse or conflicting
interests to a property in
the custody or possession
of the plaintiff;
(2) The plaintiff in an
action for interpleader has
no claim upon the subject
matter of the adverse
claims or if he has an
interest at all, such interest
is not disputed by the
claimants;
(3) The subject matter of
the adverse claims must be
one and the same; and
(4) The parties
impleaded must make
effective claims.
WHEN TO FILE JURISDICTION WHO MAY FILE
Whenever conflicting a. MTC – If subject A person who has
claims upon the same matter of the action personal property
subject matter are or may is personal property, in his possession,
be made against a person valued at not or an obligation to
who claims no interest more than PHP render wholly or
whatever in the subject 300,000.00 outside partially, without
matter, or an interest of M.M., and in claiming any right
which in whole or in part METRO MANILA, in both, comes to
is not disputed by the at not more court and asks that
claimants, he may bring than PHP the persons who
an action against the 400,000.00 claim the said
conflicting claimants to b. MTC– If the personal property
compel them to interplead subject matter is real or who consider
and litigate their several property with an themselves entitled
claims among themselves assessed value of not
(Sec. 1). more than PHP
20,000.00 outside
METRO Manila and
in Metro Manila, at
not
more than PHP
50,000.00.
c. RTC- personal
property more than
PHP 300,000 outside
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

M.M. and more than

PHP 400,000 in
M.M.
-real property more
than PHP 20,000
outside M.M. and
more than PHP
50,000 in
M.M.
-where the subject is
incapable of
pecuniary estimation

2. DECLARATORY RELIEF THRU (1) The subject matter Petition for Declaratory RTC (1) Any person
AND SIMILAR REMEDIES PETITION must be a deed, will, Relief must be filed “Section 1. Who interested under a
contract or other written before breach or violation may file petition. — deed, will, contract
instrument, statute, (Sec. 1) Any person or other written
executive order or interested under a instrument or
regulation or ordinance; deed, will, whose rights are
(2) The terms of said contract or other affected by a
document or the validity written instrument, statute, executive
thereof are doubtful and or whose rights are order or regulation,
require judicial affected by a statute, ordinance or other
construction; executive order or governmental
(3) There must have regulation, regulation may
been no breach of said ordinance, or any before breach or
document; other governmental violation thereof,
(4) There must be actual regulation may, bring an action in
justiciable controversy or before breach or the RTC to
the ripening seeds of violation thereof determine any
one( there is threatened bring an action in question of
litigation the immediate the construction or
future); there must be appropriate Regional validity arising and
allegation of any Trial Court to for a declaration of
threatened, imminent and determine any his rights or duties,
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO
inevitable violation of
petitioner’s right sought to
be prevented by the
declaratory relief sought;
(5) The controversy is
between persons whose
interests are adverse;
(6) The issue must be
ripe for judicial
determination e.g.
administrative remedies
already exhausted;
(7) The party seeking
the relief has legal interest
in the controversy; and
(8) Adequate relief is
not available thru other
means.
(9) Stated otherwise, the
requisites are:
(a) There must be a
justiciable controversy;
(b) The controversy
must be between persons
whose interests are
adverse;
(c) The party seeking the
relief must have legal
interest in the controversy;
and
(d) The issue is ripe for
judicial determination
(Republic vs. Orbecido III,
472 SCRA 114).
question of thereunder (Sec.
construction or 1).
validity arising, and
for a declaration of (2) Those who
his rights or duties, may sue under the
thereunder. (Bar contract should be
Matter No. 803, 17 those with interest
February 1998)” under the contract
like the parties, the
assignees and the
heirs as required
by substantive law
(Art. 1311, Civil
Code).
(3) If it be a
statute, executive
order, regulation or
ordinance, the
petitioner is one
whose rights are
affected by the
same (Sec. 1, Rule
63). The other
parties are all
persons who have
or claim any
interest which
would be affected
by the declaration.
The rights of
person not made
parties to the
action do not stand
to be prejudiced by
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO
a.)That the petition is
3. CERTIORARI THRU directed against a tribunal,
PETITION board or officer exercising
judicial or quasi-judicial
functions
b.) The tribunal, board or
officer has acted without,
or in excess of jurisdiction
or with abuse of discretion
amounting to lack or
excess or jurisdiction
c.) There is no appeal or
any plain, speedy and
adequate remedy in the
ordinary course of law.
d.) Accompanied by a
certified true copy of the
judgment or order subject
of the petition, copies of all
pleadings and documents
relevant and pertinent
thereto, and sworn
certification of non-forum
shopping under Rule 46.
a.)The petition is directed
4. PROHIBITION THRU against a tribunal,
PETITION corporation, board or
person exercising judicial,
quasi-judicial, or
ministerial functions
b.) The tribunal,
corporation, board or
person must have acted
“Section 4. When and
where petition filed. —
The petition shall be filed
not later
than sixty (60) days from
notice of the judgment,
order or resolution. In
case a
motion for
reconsideration or new
trial is timely filed,
whether such motion is
required
or not, the sixty (60) day
period shall be counted
from notice of the denial
of said
motion.
Prohibition is an
extraordinary writ
commanding a tribunal,
corporation, board or
person, whether
exercising judicial, quasi-
judicial or ministerial
functions, to desist from
further proceedings when
the declaration
(Sec. 2).
May be brought in A party desiring to
the Supreme Court, appeal by certiorari
Court of Appeals, from a judgment,
Sandiganbayan, or in final order or
the Regional Trial resolution of the
Court which has Court of Appeals,
jurisdiction over the the
territorial area where Sandiganbayan,
respondent resides. the Court of Tax
Appeals, the
Regional Trial
Court or other
courts, whenever
authorized by law,
may file with the
Supreme Court a
verified petition
for review on
certiorari.
May be brought in
the Supreme Court, A person
Court of Appeals, aggrieved thereby
Sandiganbayan, or in may file a verified
the Regional Trial petition in the
Court which has proper court,
jurisdiction over the alleging the facts
territorial area where with certainty and
respondent resides. praying that
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO
without or in excess of
jurisdiction or with grave
abuse of discretion
amounting to lack of
jurisdiction
c.) There is no appeal or
any plain, speedy and
adequate remedy in the
ordinary course of law.
d.) Accompanied by a
certified true copy of the
judgment or order subject
of the petition, copies of all
pleadings and documents
relevant and pertinent
thereto, and sworn
certification of non-forum
shopping under Rule 46.
a.)The plaintiff has a clear
5. MANDAMUS THRU legal right to the act
PETITION demanded;
b.) It must be the duty of
the defendant to perform
the act, which is
ministerial and not
discretionary, because the
same is mandated by law
c.) The defendant
unlawfully neglects the
performance of the duty
enjoined by law
d.) There is no appeal or
any plain, speedy and
adequate remedy in the
ordinary course of law.
said proceedings are
without or in excess of its
jurisdiction, or with abuse
of its discretion, there
being no appeal or any
other plain, speedy and
adequate remedy in the
ordinary course of law
(Sec. 2, Rule 65).
Mandamus is an
extraordinary writ
commanding a tribunal,
corporation, board or
person, to do an act
required to be done:
(a) When he
unlawfully neglects the
performance of an act
which the law specifically
enjoins as a duty, and
there is no other plain,
speedy and adequate
remedy in the ordinary
course of law; or
(b) When one
judgment be
rendered
commanding the
respondent to
desist from further
proceedings in the
action or matter
specified therein,
or otherwise
granting such
incidental reliefs as
law and justice
may require.
May be brought in
the Regional Trial A writ petition
Court which has seeking mandamus
jurisdiction over the must be filed by a
territorial area where person in good
respondent resides. faith and who has
an interest in the
performance of the
duty by the public
authority. The
person seeking
mandamus must
have a legal right
to do so and also
must have
demanded the
performance of the
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO
6. Quo Warranto THRU Contents:
PETITION 1. A petition for quo
warranto shall state the
following (Rule 22.b):
a. The position involved;
b. The date of
proclamation;
c. The facts giving the
petitioner standing to file
the petition;
d. The legal qualifications
for the position and the
disqualifications
prescribed by law; and
e. The ground(s) for
respondent’s ineligibility
or the specific acts of
disloyalty to the Republic
of the Philippines.
2. Verification - Affidavit
stating that the affiant has
read the petition and that
its allegations are true and
correct of the affiant’s own
knowledge, or based on
verifiable information or
authentic records (Rule 19)
3. Certificate of non-forum
unlawfully excludes duty and it is
another from the use and refused by the
enjoyment of a right or authority.
office to which the other
is entitled (Sec. 3, Rule
65).
When government a.)Supreme Court An action for quo
commence an action b.)Court of Appeals warranto under
against individuals: c.)RTC Rule 66 of the
c.1 if commenced by Rules of Court
(1) Quo warranto is Sol Gen – Manila may be filed
commenced by a verified c.2 if commenced by against one who
petition brought in the individual – where usurps, intrudes
name of the Government any of the into, or unlawfully
of the Republic of the respondent/s resides holds or exercises
Philippines by the a public office. It
Solicitor General, or in may be brought by
some instances, by a the Republic of the
public prosecutor (Secs. 2 Philippines or by
and 3). When the action the person
is commenced by the claiming to be
Solicitor General, the entitled to such
petition may be brought office
in the Regional Trial
Court of the City of
Manila, the Court of
Appeals or the Supreme
Court (Sec. 7).
(2) An action for the
usurpation of a public
office, position or
franchise may be
commenced by a verified
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

shopping signed personally petition brought in the

by the Petitioner (Rule 19) name of the Republic of
the Philippines thru the
Solicitor General against:

(a) A person who

usurps, intrudes into, or
unlawfully holds or
exercises a public office,
position or franchise;

(b) A public officer

who does or suffers an act
which, by the provision
of law, constitutes a
ground for the forfeiture
of his office;

(c) An association
which acts a corporation
within the Philippines
without being legally
incorporated or without
lawful authority so to act
(Sec. 1).

When individual may

commence an action

(1) The petition may be

commenced by a private
person in his own name
where he claims to be
entitled to the public
office or position alleged
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

to have been usurped or

unlawfully held or
exercised by another
(Sec. 5). Accordingly, the
private person may
maintain the action
without the intervention
of the Solicitor General
and without need for any
leave of court (Navarro
vs. Gimenez, 10 Phil.
226; Cui vs. Cui, 60 Phil.
37). In bringing a petition
for quo warranto, he must
show that he has a clear
right to the office
allegedly being held by
another (Cuevas vs.
Bacal, 347 SCRA 338). It
is not enough that he
merely asserts the right to
be appointed to the office.

7. EXPROPRIATION
THRU (a) due process of law – Whenever it is necessary "Sec. 12. Power of Under section 4,
COMPLAINT compliance with the rules to acquire real property Eminent Domain. - Article XIII of the
(b) payment of just for the right-of-way or The President shall Constitution, the
compensation; (see below) location for any national determine Government may
(c) taking must be for government infrastructure when it is necessary expropriate only
public use: project through or advantageous to landed estates with
expropriation exercise the power extensive areas,
of specially those
eminent domain in embracing the
behalf of the whole or a large
National part of a town or
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

Government, and city and that once

direct the the landed estate is
Solicitor General, broken up and
whenever he deems divided into
the action advisable, parcels of
to reasonable areas,
institute either through
expropriation voluntary sales by
proceedings in the the owner or
proper court." owners of said
landed estate, or
through
expropriation.

8. FORECLOSURE OF REAL 1.There must be a special When the bank or A petition for The mortgagee
ESTATE MORTGAGE THRU power of attorney inserted mortgage lender takes foreclosure of real should file a
COMPLAINT in or attached to the real possession of the property estate mortgage is a petition for judicial
estate mortgage because the borrower real action and the foreclosure in the
authorizing the sale fails to make payments assessed value of the court which has
pursuant to the provisions on the principal or property determines jurisdiction over
of Act, 3135, as amended interest of the loan for a jurisdiction while the area where the
(Section 1; Paguyo v. certain period of time. location of the property is situated
Gatbunton, 523 SCRA 156 property determines
[2007]). 2. The the venue.
sale must be made within
the province where the
property or any part
thereof is located, unless
otherwise stipulated
(Section 2; Supena v. de la
Rosa, 267 SCRA 1). 3.
There must be a notice of
sale to be posted in three
public places of the
municipality or city where
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

the property is situated. If

the property is worth more
than P400.00, the notice
shall also be published
once a week for three
consecutive weeks in a
newspaper of general
circulation in the city or
municipality (Section 3). 4.
The sale shall be made at
public auction between the
hours of nine in the
morning and four in the
afternoon, and shall be
under the direction of the
sheriff of the province, the
justice or auxiliary justice
of the peace (now
municipal judge) of the
municipality in which such
sale shall be made, or a
notary public of said
municipality (Section 4)
According to Rule 74,
9. Partition THRU Section 1 of the Rules of Each co-owner may File a petition in the The right to bring
COMPLAINT Court, for an extrajudicial demand at any time the proper court (The such action or to
settlement to take place, partition of the thing RegionalTrial Court ask at any time for
the following criteria must owned in common, of his/her place of the division of the
be met: insofar as his share is residence if the common property
concerned. Nevertheless, property owner is a belongs solely to a
No valid will left by the an agreement to keep the Philippine resident coowner or
deceased owner thing undivided for a and any Regional coparcener (art.
No existing debts by the certain period of time, not Trial Court of 400, Civil Code,
deceased owner. If there exceeding ten years, shall his/her current and section 181,
are, these must be fully be valid. province if the Code of Civil
BASILISCO, JALEFAYE
10. FORCIBLE ENTRY THRU
COMPLAINT
11. Unlawful Detainer
THRU
COMPLAINT
PROFESSOR: ATTY.CATH HERMOSO
paid.
Heirs must be 18 years of
age and above. If not, a
judicial or legal agent must
represent the minor heirs.
A public instrument (any
legal instrument such as a
document) which has been
filed in the office of the
Register of Deeds
In forcible entry, the
plaintiff must prove that it
was in prior physical
possession of the premises
until it was deprived
thereof by the defendant.
In this case, respondent
had sufficiently proven her
prior possession de facto of
the subject lot.
A requisite for a valid
cause of action of unlawful
detainer is that the
possession was originally
lawful, but turned unlawful
only upon the expiration of
the right to possess. To
show that the possession
property owner is a Procedure).
foreign resident.)
any of the parties
An action for forcible Pursuant to Republic who can prove
entry must be filed within Act No. 7691 (RA prior possession de
one (1) year from the date 7691),19 the proper facto may recover
of actual entry on the Metropolitan Trial such possession
land. However, when the Court (Me TC), even from the
entry was done through MTC, or Municipal owner himself
stealth, the one-year time Circuit Trial Court since such cases
bar is reckoned from the (MCTC) has proceed
time the entry was exclusive original independently of
discovered. jurisdiction over any claim of
ejectment cases ownership and the
plaintiff needs
merely to prove
prior possession de
facto and undue
deprivation thereof
Unlawful detainer
The complaint for Pursuant to Republic is a summary
unlawful detainer must be Act No. 7691 (RA action for the
filed within one (1) year 7691), the proper recovery of
from the last demand to Metropolitan Trial possession of real
vacate the property Court (MeTC), property. This
otherwise the owner must MTC, or Municipal action may be filed
file an ordinary civil Circuit Trial Court by a lessor, vendor,
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

was initially lawful, the action called accion (MCTC) has vendee, or other
basis of such lawful publiciana which is exclusive original person against
possession must then be generally a longer and jurisdiction over whom the
established. more expensive legal ejectment cases. possession of any
action.Dec 10, land or building is
unlawfully
withheld after the
expiration or
termination of the
right to hold
possession by
virtue of any
contract, express or
implied
(a) a charge in writing to When a person guilty of Where the charge for Anyone can file a
12. Contempt THRU be filed; misbehavior in the indirect contempt complaint against a
PETITION (b) an opportunity for presence of or so near a has been committed person who has
respondent to comment court as to obstruct or against a Regional made scandalizing
thereon within such period interrupt the proceedings Trial Court or a remarks or
as may be fixed by the before the same, court of equivalent otherwise stood in
court; and, including disrespect or higher rank, or contempt against
(c) an opportunity to be toward the court, against an officer the judiciary.
heard by himself or by offensive personalities appointed by it, the However, the
counsel. toward others, or refusal charge may be filed contempt
to be sworn or to answer with such court. proceeding only
as a witness, or to Where such happens between
subscribe an affidavit or contempt has been the court and the
deposition when lawfully committed against a alleged offender.
required to do so, may be lower court, the The complainant is
summarily adjudged in charge may be filed only an informer,
contempt by such court with the Regional whose duty ends
Trial Court of the after informing the
place in which the court.
lower court is
sitting; but the
BASILISCO, JALEFAYE PROFESSOR: ATTY.CATH HERMOSO

proceedings may
also be instituted in
such lower court
subject to appeal to
the Regional Trial
Court of such place
in the same manner
as provided in
section 11 of this
Rule. (4a; Bar
Matter No. 803, 21
July 1998)