INTERPLEADER (Rule 62)  As for debtor or lessees regarding the payment of a
debt or rentals another, and there exists conflicting
Meaning of interpleader; purpose
 It is filed by a person against whom
 2 conflicting claims are made upon the SAME
subject matter
 And over which he claims NO INTEREST or
 If he has an interest, it is in WHOLE or in PART
which is NOT DISPUTED by the claimants
 The action is brought against conflicting claimants to
COMPEL them to INTERPLEAD and LITIGATE
their claims among themselves
Requisites for an interpleader
a. 2 or more claimants w/ adverse or conflicting
interests upon a subject matter
b. The conflicting claims involve same subject matter
c. The conflicting claims are made against the same
person (plaintiff)
d. The plaintiff has no claim upon the subject matter or
if he has an interest, the interest is not disputed by the
claimants
 There exists conflicting claims amount the
conflicting claimants
 Mere existence of such is not sufficient to sustain an
interpleader action if does not refer to the SAME
subject matter
 If the subject matters are difference, no interpleader
 IF the claims are merely against each other but not
claims against the interpleader / plaintiff = action for
interpleader will not be sustained
 It requires that the conflicting claims be made against
a person who claims no interest in the subject matter
 If the claims are against the plaintiff in interpleader
who has an interest = no interpleader will lie
When interpleader is proper ; when filed
 It may arise if a person has a property in custody but
he has no interest over it. Yet several persons claim a
right to the property.
 It may arise when one has an obligation to do an act
but is confronted w/ conflicting claims as to the
entitlement of benefits from such performance of the
obligation
 The person upon whom the conflicting claims are
made is faced with legal problem in determining who
amount the claimants has the legal right thereto. The
remedy is to file an action for interpleader.
claims as to who has the right to receive such
payment there may be 2 remedies:
a. tender of payment + consignation of the
amount to the court
b. file for interpleader
 The remedy is afforded NOT to protect a person
against double liability BUT to protect him against
double vexation
 An interpleader allows a person to pass the legal
problem to the court which will adjudicate the
adverse claims
 To enable the plaintiff to protect himself from
possible lawsuits initiated by any claimants (this
refers to double vexation)
 If the court orders the claimants to litigate among
themselves, there arises new action and the pleading
which initiates the action is called “complaint in
interpleader” NOT cross-complaint
Under the Civil Code:
 Payment should be made to the person in whose
favor the obligation has been constituted
 Payment to wrong person is not a valid payment &
does not extinguish the obligation
 Hence, if there are conflicting claimants regarding
the right to collect such payment, the debtor may file
an action for interpleader to ultimately effect the
extinguishment of such obligation AFTER payment
is made to the person (according to the judgment in
the action for interpleader) entitled to the amount.
Court with jurisdiction:
It shall depend upon the following:
1. If the action is a personal property valued at:
a. Not more than P300 – province
b. P 400 – Metro Manila
 MTC has jurisdiction
 If the claim involves the right to receive a certain
sum, the ISSUE is who is entitled to collect while the
object of the action is the amount
 It is not right to hold that the object of the action is
the right to compel the defendants to litigate among
themselves
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Court with jurisdiction Defendants are brought If a complaint-in-
into the action because intervention is filed, the
It shall depend on subject matter of the action: they are sued and defendants are already
impleaded parties to an existing suit
Personal property – MTC – Amount of claim determines
not because of the
jurisdiction
intervention, but because
 not more than 300K outside Metro Manila of the original suit
 not more than 400K within Metro Manila
Payment of docket fees; lien
Real property – MTC
Person who files the complaint:
 not more than 20K outside Metro Manila
 not more than 50K within Metro Manila  Pays the docket fees and other lawful fees
 These shall constitute a lien or charge upon the
One incapable of pecuniary estimation – RTC
subject matter of the action, unless court shall order
How commenced otherwise

By FILING OF A COMPLAINT Summons; order to interplead

 Brought by the person against whom conflicting Summons shall be served

claims upon the same subject matter are made.
 Upon the conflicting claimants
Interpleader distinguished from intervention  With a copy of the complaint and the order
o Refers to the order requiring the conflicting
INTERPLEADER INTERVENTION claimants to interplead with one another,
Special civil action, Not an original action, o Shall be issued upon filing of the complaint
independent and original. merely ancillary and  Court may include in the order a direction that the
depends upon the subject matter of the action be paid or delivered to
existence of a previous the Court (only if interest of justice so requires)
pending action.
Commenced by the filing Commenced by a motion Motion to dismiss
of a complaint – original for leave to intervene
Within the time for filing an answer (15 days from service of
action filed in a pending case
summons), each claimant may file a MTD on the ground of:
attaching the pleading-
in-intervention a. Impropriety of the interpleader action
Filed by: Filed by a person who b. On other appropriate grounds as provided by Rule
 the person who has a legal interest in: 16:
has no interest  subject matter  No jurisdiction over the person of the
in the subject of the litigation defending party
matter of the  the success of  Court has no jurisdiction over the subject
action or either of the matter of the claim
 if he has an parties  Improper venue
interest  an interest  No legal capacity to sue of plaintiff
against both  Litis pendentia
 he may be  Res judicata
adversely  No cause of action
affected by the  Claim or demand has been paid, waived,
disposition or abandoned, or extinguished
distribution of  Unenforceable under the Statute of Frauds
property in  Condition precedent has not been complied
custody of the with
court or an
officer
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Impropriety of the interpleader action
 Ground for impropriety of the filing of a complaint
for interpleader – Special and separate ground and
not found in Rule 16
 For an interpleader to be proper – Requirements of
sec.1 Rule 62 should be complied with (such as the
existence of conflicting claims made by the claimants
upon the same subject matter)
Examples of impropriety of interpleader:
 If allegations in the complaint DO NOT show
conflicting claims between or among the persons
required to interplead
o Complaint is subject to dismissal on the
ground of impropriety of the interpleader
 Where the claims are not conflicting because they
refer to different subject matters
o Interpleader will not also lie
o Dismissal based on impropriety of the action
may be invoked
 Where it appears from the allegations in the
complaint that the plaintiff claims an interest in the
subject matter
o Sec. 1 of Rule 62 requires that the plaintiff
in interpleader claims no interest whatever
in the subject matter.
Effect of the filing of a motion to dismiss on the period to
answer
The period to file an answer is interrupted or tolled by the
filing of a motion to dismiss.
If motion is DENIED
 Movant may file his answer within the remaining
period to answer
 Shall not be less than 5 days in any event
 Period shall be counted from the notice of denial of
the motion
o Same period applicable when a MTD is
denied a when a motion for Bill of
particulars under Rule 12 is denied
Answer
Each claimant shall file his answer setting forth his claim
 Within 15 days from service of the summons upon
him
 Serving a copy upon each of the other conflicting
claimants
 Answer shall set forth the claim of the answering
claimant
Default
If any claimant FAILS TO PLEAD
 Within the time fixed
 Court may (on motion)
 Declare him in default
 Then render judgment barring him in any claim in
respect to the subject matter
Court CANNOT declare motu propio
 Court requires prior motion
 Declaration of default is not mandatory on the part of
the Court
Each claimant is REQUIRED to serve a copy of his answer
upon the other conflicting claimants (Sec.5)
 Because the litigation is between the conflicting
claimants
 Plaintiff, in an interpleader, claims no interest in the
subject matter
 Sec. 1 provides that interpleader is filed to compel
claimants to interplead and litigate their several
claims among themselves – Not for plaintiff to
enforce or protect a right, prevent or redress a wrong
against him or seek an affirmative relief for himself.
When the court declares a claimant in default
 The judgment to be rendered is specified in the rule
 Judgment is one that bars him from any claim in
respect to the subject matter
Reply
Under Sec. 5
 Each of the claimants shall file his answer which
shall set forth his claim within 15 days from the
service of summons upon him
 A copy of the answer shall be served by each
claimant upon each other
 Claimant served with the answer may file his reply to
the same
o Not mandatory
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Other pleadings Court shall determine the respective rights of the claimants
and shall adjudicate the several claims:
May file:
 After the pleadings of the conflicting claimants have
 Counterclaims been filed
 Cross-claims  The pre-trial has been conducted
 Third party complaints
 Responsive pleadings

Pre trial

 Conducted in accordance with the rules

Determination; adjudication