Special Civil Action

Rule 62- Interpleader

Interpleader- is a remedy whereby a person who has property, whether personal or real, in his
possession, or an obligation to render wholly or partially, without claiming any right in both, or claims an
interest which in whole or in part is not disputed by the conflicting claimants, comes to court and asks
that the persons who claim the property or who consider themeselves entitled to demand compliance
with obligation, be required to litigate among themeselves, in order to determine finally who is entitled
to the property or payment of the obligation.

the remedy is afforded not to protedt a person against a double liability but to protect him
against a double vaxation in respect of one liability.

Jurisdiction==

REAL Property - exceeds 400k- RTC== less than 400k- MTC, MCTC

PERSONAL Property- exceeds 2M- RTC=== less than 2M-MTC, MCTC

VENUE= location of the property

Bring an action to interpleader when:

1. there are 2 or more conflicting claimants;

2. plaintiff files the action to compel the conflicting claimants to interplead and litigate their several
claims among themeselves;

3. that the conflicting claims is upon the same subject matter which are or may be made against a
person who claims no interest whatever in the subject matter; and

4. an interest which in whole or in part is not disputed by the claimants

= Each claimant shall file his answer setting forth his claim within 15 days from service of summons

= serving a copy thereof upon each of the conflicting claimants who may file their reply thereto as
provided by these rules

Effects of failure to file answer within the time allowed:

= declare him in default; and

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

REMEDIES
1. Counterclaims;

2. Cross-claims;

3. Third=party complaints; and

4. responsive pleading thereto, as provided by these rules.

ACTION OF THE COURT AFTER FILING OF THE PLEADINGS & PRE-TRIAL

1. Proceed to determine their respective rights; and

2. Adjudicate the several claims of the claimants

Recourse of the party who filed the action in case he paid the docket and other lawful fees:

1. A lien;

2. Charge upon the subject matter of the action; and

3. Unless the court shall order otherwise

RULE 63- Declaratory Relief and Similar Remedies

Available Remedies:

1. Declaratory Relief- RTC has its original jurisdiction

2. Reformation of Instrument- RTC has original Jurisdiction

3. Quieting of title or removal of clouds- Either RTC or MTC, MCTC, MTCC depending on the assess value

4. Consolidation of ownership-RTC original jurisdiction

RULE 64- Review on Judgments and Final Orders or Resolutions of the COMELEC & COA

General Rule: when the COA denies an appeal for being filed out of time, this court shal not entertain
the petition filed under rule 64 to question the dismissal of the appeal by the COA,

exception: extra ordinary circumstances exist where the court has decided a prior petition questioning
the decision of the COA & later petition is entertwined with it