When to Apply for Damages Against the Attachment Bond

a. Before trial;
b. Before appeal is perfected;
c. Before judgment becomes executory; or
d. In the appellate court for damages pending appeal, before judgment becomes
executory.

CHAPTER XIII SPECIAL CIVIL ACTIONS

A special civil action is like an ordinary civil action, but there are certain rules that
are applicable only to specific special civil actions.
Base on

Venue

Where
initially filed

Complaint
Petition

or

Claims for Damages

1.
2.

Claims for damages cannot be subject of independent action EXCEPT:

When principal case is dismissed by the trial court for lack of jurisdiction without
giving the claiming party opportunity to prove claim for damages;
When damages was sustained by a third person not a party to the action.

Attachment of proprerty in custodial egis

A copy of the writ of attachment shall be filed with the proper court or quasijudicial agency and notice of attachment served upon the custodian of the
property.
It merely operates as a lien

Ordinary

Special

Caus
e
action

of Determined
by
the
residence of
the parties or
location
of
the property
Does not It depends on
need
a the type
of
cause of special
civil
action
action.

Proceedings where a property attached is claimed by a third person

He may avail of the remedy called terceria by making an affidavit of his title
thereto or his right to possession thereof, stating the grounds of such right or title.
The affidavit must be served upon the sheriff and the attaching party (Sec. 14,
Rule 57)
Upon the service of affidavit upon him, the sheriff shall not be bound to keep the
property under attachment except if the attaching party files a bond a[[roved by
the court. The sheriff shall not be liable for damage for the taking or keeping the
property if bind shall be filed.
the third party claimant may also invoke the courts authority in the same case and
move for a summary hearing on his claim upon application of the third person a
motion to set aside the levy on attachment.
A motion for intervention is possible because no judgment has yet been rendered
(Sec. 2, Rule 19) Intervention is permitted only before the rendition of judgment
by the trial court.

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Either at the Complaint

MTC or RTC

Only
forcible
entry
and
unlawful
detainer
can
be
filed
at
MTC.
All
others, either
at RTC, CA or
S
C

The ff are initiated

by a petition: Rule
63, 64, 65, 66 &
71. The others are
initiated by
a
complaint.

I. Interpleader (Rule 62)

An interpleader requires the ff:
a. There must be two or more claimants with adverse or conflicting interests to a
property in the custody or possession of the plaintiff;
b. 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 parties.
c. The subject matter of the adverse claims must be one and the same.

Examples:
o Remedy of a warehouseman under the Warehouse Recepts Law o
Determination to whom proper payment must be made

action only because they are impleaded existing suit as

such
II. Declaratory Relief and other Similar Remedies (Rule 63)

Basic Procedure
1.

2.

3.

4.

5.

6.

7.
8.

Filed by the person to whom the conflicting claims are made. He shall pay the
lawful fees and bear the costs even if he has no interest. He can recover his
expenses because they constitute a lien upon the subject matter, unless ordered
otherwise.
The court shall issue an order requiring the conflicting claimants to interplead with
one another which shall be served upon them together with the summons and the
complaint.
Within the time for filing an answer, each claimant may file a motion to dismiss
based on:
a. Rule 16, or
b. Impropriety of the action for interpleader this is proper where the
allegations of the complaint do not show conflicting claims.
By filing a motion to dismiss, the period to file an answer is interrupted. If the
motion is denied, he can file his answer within the remaining period which shall not
be less than 5 days in any event.
The answer shall be filed within 15days from service of summons. It shall set forth
the claim of the claiming party and shall be served upon each of the conflicting
claimants. If any of the claimants fail to file, the court may, upon motion, declare
them in default.
A reply to the answer of the other may be filed by each of the conflicting claimants.
They can also file counterclaims, cross-claims, third-party complaints and
responsive pleadings.
A pre-trial shall be conducted.
The court shall then proceed to determine their respective rights and adjudicate
their respective claims.

Court with jurisdiction the rules on jurisdictional amount still applies.

Distinction between interpleader and intervention
Intepleader
Special, independent and original
Commenced by filing a complaint
Filed by a person who has no interest in
the subject matter, or if he has, the
same is not disputed

The defendants are brought into the

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Intervention
Not original but merely ancillary to the
previous pending action
Commenced by a motion to intervene
Filed by a person who has a legal
interest in any:
a. subject matter
b. success of either parties
c. success of both
d. he may be adversely affected
Defendants are already parties to an

Covers two types of actions

Declaratory Relief the courts power to declare rights and to construe instruments
in any case where a decision would not terminate the uncertainty or controversy
which gave rise to the action.

The court is given the discretion to act or not to act.

Subject matter in a petition for declaratory relief

Any of the ff which is an exclusive list:

1. a deed;
2. a will;
3. a contract or other written instrument;
4. a statute;
5. an executive order or regulation;
6. an ordinance; or
7. any other governmental regulation (Sec. 1 Rule 63)
Requisites:
1. There must be a justiciable controversy;
2. The controversy must be between persons whose interest are adverse;
3. The party seeking the relief must have a legal interest in the controversy;
4. The issue is ripe for judicial determination.
Court with jurisdiction

RTC because the issues are not capable of pecuniary estimation. It would be an
error to file it directly with the SC.
Purpose of the petition

Brought to secure an authoritative statement of the rights and obligations of the

parties under a contract or statute. To ask the court to determine any question of
construction or validity, and for the declaration of rights and duties therein. To seek
for a judicial interpretation and not to ask for affirmative reliefs.

The absence of allegations seeking affirmative reliefs in a petition for declaratory

relief that is has been held that when the main case if for declaratory relief, a thirdparty complaint is inconceivable.

Unlike the judgment in an ordinary civil action which is coercive in character, a

declaratory relief is said to stand by itself and no executory process follows.
The petitioner and other parties

If the subject matter is a deed, will, contract or other written instrument, the
petitioner is the person interested in the same. Those who may sue should be
those with interest like the parties, assignees and heirs.
Statute, EO, regulation or ordinance, the petitioner is one whose rights are affected
by the same.
The other parties are all persons who have or claims any interest which could be
affected by the declaration. The rights of persons not made parties are not to be
prejudiced by their non-inclusion.
Validity of a local ordinance, the corresponding prosecutor or attorney of the local
government shall be similarly notified and entitled to be heard. If alleged to be
unconstitutional, it is the Solicitor General.

Filing before any breach or violation; justiciable controversy

This action will not prosper when brought after a contract or statute has already
been breached.
As a cause of action has already accrued in favor of one or the other party, there is
nothing more for the court to explain or clarify short of a judgment or final order.
When the breach occurs not before the filing of the petition for declaratory relief
but after the action has been instituted and during its pendency, the action is not
to be dismissed but may be converted into an ordinary action.
A justiciable controversy is indispensable. It need not be a controversy consisting
of an actual violation of a right.
The court should not be called upon to render a mere advisory opinion because a
declaratory relief has no res judicata effect.
Similar Remedies
b.1 Reformation not an action brought to reform the contract but to
reform the instrument because it does not reflect the true intention of the
parties by reason of mistake, fraud, inequitable conduct or accident.

Where the consent of a party was obtained because of the above reasons,
what is defective is the contract itself. The remedy is to file an action for
annulment because of vitiation of consent.
Reformation is not proper to the ff:
1. simple donations inter vivos wherein no condition is imposed;
2. wills;
3. when the agreement is void.
b.2 Consolidation of Ownership not for the purpose of consolidating the
ownership of the property in the person of the vendee but for the registration
of the property.
The lapse of the redemption period without the seller exercising his
right of redemption, consolidated ownership by operation of law.
Redemption can be done either by:

58

1.
2.

legal redemption (retracto legal) statutory mandated

redemption of property previously sold.
conventional redemption (pacto de retro) not mandated by
statute but one which takes place because of stipulation.

b.3 Quieting of Title an action to remove a cloud on title to real property or

any interest therein.

Contemplates a situation where an instrument or a record is

apparently valid but is in truth and in fact invalid.

Plaintiff need not be in possession before the may bring the action
as long as he can show that the has a legal or an equitable title.

III. Review of Judgments and Final Orders or Resolutions of the Commission on

Elections and the Commission on Audit (Rule 64)
A party aggrieved by the judgment, final order or resolution of the COMELEC or
COA may file a petition for certiorari under Rule 65.
The mode of review under Rule 64 is starkly different form the mode applicable to
the judgment, final order or resolution of the CSC because it cannot be assailed
under Rule 65 but under Rule 43 on appeal with the CA.
The petition for certiorari under Rule 64 shall be filed within 39 days form notice
of the judgment, final order or resolution of the COMELEC and COA.
When the petition for certiorari is directed against an interlocutory order f the
commission, Rule 65 will apply.
Motion for new trial or motion for reconsideration
If such motions are allowed, the filing of either shall interrupt the period for the
filing of the petition for certiorari. If the motion is denied, the aggrieved party may
file the petition with the remaining period, but which shall not be less than 5 days.
Basic requirements for the petition
The petition shall be verified and filed in 18 copies.
Accompanied by clearly legible duplicated original or certified true copy of the
judgment, final order of resolution, together with the certified true copies of such
material portions of the record and other documents.
It shall name the aggrieved party as petitioner and shall join as respondent the
commission and all other interested persons.
It shall state the facts with certainty, present clearly the issues involved, set forth
the grounds and brief arguments.
State the specific material dates.
Accompanied by proof of service and of the timely payment of the legal fees.
Certification against forum shopping.
Prayer for annulment or modification of the questioned judgment, final order or
resolution.

Note: Failure to comply with any is a ground for dismissal.

Order to comment; outright dismissal

The court may dismiss the petition outright if the petition: o is
not sufficient in form and substance;
o
filed manifestly for delay;
o
the question is too unsubstantial to warrant further proceedings.

The court shall order the respondents to file their comments in 18 copies
accompanied by certified true copies of the material portions of the record within 10
days form notice if it finds the petition sufficient in form and substance which shall
be served to the petitioner as well.

No other pleading may be filed by any party unless required or allowed.

Filing of petition does not stay execution

Unless the SC directs otherwise. To prevent the execution, the petitioner should
obtain a TRO or a writ of preliminary injunction.
Oral arguments; memoranda; submission for decision

Upon filing of the comments, the case shall be deemed submitted for decision
except if the Court decided to set the case for oral argument or requires the parties
to submit memoranda.
IV. Certiorari, Prohibition and Mandamus (Rule 65)
A. Certiorari
Nature and purpose of the remedy

A special civil action. It is not a mode of appeal. It is an original action independent

from the principal action.

Certiorari is not intended to review the errors of judgment. Does not go as far as to
examine and asses the evidence.

It is a remedy for the correction of errors of jurisdiction and may be directed against
an interlocutory order of the lower court prior to an appeal.

An appeal to the SC may be taken only by petition for review on certiorari under
Rule 45.
Correction of errors of jurisdiction

Certiorari is an extraordinary remedy that is adopted to correct errors of jurisdiction

committed by the lower courts or quasi-judicial agency, or when there is grave
abuse of discretion on the part of such court or agency. Where the error is not one
of jurisdiction, but of law or fact which is a mistake of judgment, or what is being
questioned was merely the findings, the proper remedy should be appeal.
Certiorari distinguished from appeal
Certiorari
Proper to correct errors of jurisdiction

59

Appeal
Error is not one of jurisdiction but an
error of law or fact

Necessity for a writ of injunction; certiorari not sufficient

The filing of a petition for certiorari does not interrupt the course of the principal
action not the running of the reglementary periods involved, unless, an application
for a restraining order or a writ of preliminary injunction to the appellate court is
granted.
There is NO petition for certiorari in a summary proceeding

Although prohibited, the SC in one case allowed the petition because the trial court
gravely abused its discretion by indefinitely suspending the proceedings in an
ejectment case contrary to the purposes of the Rules on Summary Procedure by
invoking its power to suspend the rules because of the extraordinary circumstance,
in order to give spirit and life to the Rules on Summary Procedure. (Go v. CA)
Certiorari not a substitute for lost appeal

It cannot be made a substitute for an appeal where the latter remedy is available
but was lost through fault or negligence. The remedy to obtain a reversal of
judgment on the merits is appeal. This holds true even if the error ascribed to the
lower court is its lack of jurisdiction over the subject matter, or the exercise of
power in excess thereof, or grave abuse of discretion.

The existence and availability of the right to appeal prohibits the resort to certiorari
because appeal and certiorari are mutually exclusive. The petitioner must show
valid reasons why the issues raised in his petition for certiorari could not have been
raised on appeal.
When certiorari is available despite the loss of appeal
a. When public welfare and the advancement of public policy dictates;
b. When the broader interest of justice so requires;
c. When the writs issued are null and void;
d. When the questioned order amounts to an oppressive exercise of judicial authority.
Requisites
a. The petition is directed against a tribunal, board or officer exercising judicial or
quasi-judicial functions

The tribunal, board or officer exercising judicial or quasi-judicial function must be

clothed with power and authority to pass judgment or render a decision on the
controversy construing and applying the laws. Where the function s merely
investigative and recommendatory with no power to pronounce judgment, certiorari
will not lie.

One is said to be exercising judicial or quasi-judicial function when:

o
He has discretion;
o
He has the power to determine what the law is and what the legal rights
of the parties are, and then undertakes to determine these questions.
b.

That such tribunal, board or officer has acted without or in excess of jurisdiction or
with grave abuse of discretion;

Certiorari must be based on jurisdictional grounds because as long as the

respondent acted with jurisdiction, any error committed by him will amount to
nothing more that an error of judgment, reviewable by appeal only.
Excess of jurisdiction means an act, through the general power of a tribunal, board
or officer is not authorized and invalid with respect to the particular proceeding
because the conditions alone authorized the exercise of the general power in
respect of it are wanting.
Without jurisdiction means lack or want of legal power, right or authority to hear
and determine a cause or causes of action.
Acting in excess of jurisdiction does not connote a total absence of jurisdiction. It
signifies an act authorized by law but performed beyond the bounds of that
authority. Equivalent to lack of jurisdiction.
Grave abuse of discretion, the use of discretion should have been arbitrary due to
passion, prejudice or personal hostility so patent and gross that it amounts to
evasion to perform a positive duty under the law.

Non-observance of the rule is a sufficient cause for the dismissal of the petition.

When to file

Within 60 days from notice of judgment, order or resolution. If MR or new trial is

timely filed, the 60 days shall be counted from the denial of said motion.

No extension of time. Except, for compelling reasons which shall not exceed 15
days.
Material dates in the petition; material date rule
a. The date when the judgment, final order or resolution was received;
b. The date when a motion for new trial or reconsideration was filed; and
c. Notice of the denial thereof.

c.

There is neither appeal not any plain, speedy and adequate remedy in the
ordinary course of law for the purpose of annulling or modifying the proceeding.
The filing of a MR is a condition sine qua non to the filing of a petition for
certiorari to allow the court an opportunity to correct its imputed errors. The ff are
the exceptions:
a. where the order is a patent nullity;
b. where the questions raised in the certiorari proceeding have been duly
raised and passed by the lower court;
c. where there is an urgent necessity for the resolution of the question and
further delay can result to prejudice;
d. where the subject matter is perishable;
e. where an MR would be useless;
f.
where petitioner was deprived of due process;
g. where the proceedings in the lower court is a nullity;
h. criminal cases, where relief from order of arrest is improbable;
i.
ex parte proceedings and the petitioner has no opportunity to object;
j.
where the issue is one purely of law.
Where an appeal is available, certiorari will not prosper, even is the ground is
grave abuse of discretion except when it can be shown that appeal would be
inadequate, slow, insufficient, and will not promptly relieve a party for the injurious
effects of the order complained of.

How to avail the remedy of certiorari

The person aggrieved may file a verified petition in the proper court alleging the
facts with certainty and praying that the judgment be rendered annulling or
modifying the proceedings of the tribunal, board or officer.

The petition shall be accompanied by:

a. certified true copy of the judgment, order or resolution subject of the
petition;
b. copies of all relevant pleading and documents; and
c. a sworn certification of non-forum shopping (this is an initiatory

Court where petition is filed

The hierarchy of courts is observed. The SCs original jurisdiction is shared with the
CA, RTC and Sandiganbayan (in aid of its appellate jurisdiction).
If the petition relates to acts or omissions of a lower court or of a court, board, or
officer, the petition must be filed at the RTC which has territorial jurisdiction over
that area.
It may also be filed at the CA, whether or not it is in aid of its appellate jurisdiction.
If it involves the acts or omissions of quasi-judicial agency, the petition must be
filed at the CA.
A direct invocation of the SCs original jurisdiction should be allowed only when
there are special and important reasons, clearly and specifically set out in the
petition.
Parties to the petition
Filed be the person aggrieved who was a party in the proceedings in the lower
court.
Where the petition relates to the acts or omissions of a judge, court, quasi-judicial
agency, tribunal, corporation, board, officer or person, the petitioner shall join as
private respondent with the public respondent, the person interested in sustaining
the proceeding. The private respondent should appear and defend not only his
own behalf but also in behalf of the public respondent affected by the proceeding.
Costs shall be against the private respondent only.
The public respondent shall not appear in or file an answer or comment to the
petition unless specifically directed by the court.
Injunctive relief
It is necessary to avail of either a TRO or a writ of preliminary injunction to be
issued by a higher court against the public respondent so it may, during the
pendency of the petition, refrain from further proceedings.