1. When conflicting claims over the same subject matter 2. Made against who has no interest / made not disputed by the claimants SEC.2 order be issued when: 1. Filing of complaint 2. Moto prorio in the interest of justice SEC.3 summons shall include: 1. Copy of complaint and order 2. Served to conflicting claimants SEC.4 1. 2.
motion to dismiss on interpleader:
Impropriety Ground stated in Rule 16 filing of motion to dismiss shall toll the running of the time to file an answer. if denied shall be allowed to file only to remaining time but not less than 5 days reckoned from notice of denial.
SEC.5 when is answer and pleading shall be
filed: 1. Within 15 days from service of summons 2. Must serve a copy to conflicting claimants 3. Failure to file a answer is ground for default 4. Party may file counterclaim, cross claim, 3rd party complaints and responsive pleading. SEC.6 determination: 1. After pleading is filed, and 2. Pre-trial is conducted the proceed to determination
court
SEC.7 docket and lawful fees
1. Shall be paid by party who filed a complaint 2. As well as the cost of litigation shall constitute a lien except as otherwise provided. Rule 63 Declaratory relief and similar remedies SEC.1 who may file declaratory relief and similar remedies: 1. Any person interested under a deed, will, contract or other written instrument
2. Whose right are affected by statute,
EO or regulation SEC.2 what can be questioned: 1. Before breach may brought to RTC, in any question of construction 2. Validity of contract 3. Declaration of right and duties 4. An action for reformation of an instrument to quite tittle to real property 5. Consolidate ownership under ART. 1607 SEC.3 parties: All person who have claim, which would be affected SEC.4 notice to OSG: 1. Cases involving the validity of a statute, EO or regulation or any other governmental declaration 2. The OSG shall be notified and entitled to be heard SEC.5 local government ordinances: 1. Cases involving validity of local ordinances the prosecutor or attorney of LGU shall be notified. 2. If it is unconstitutional, the OSG shall be notified SEC.6 court action discretionary 1. The court has discretionary power to hear declaratory relief, if the action will not terminate the uncertain. 2. Except, the 2nd par. sec. 1 of Rule 63 The action is upon motion or if refused the court can act motu proprio SEC.7 conversion to ordinary action: 1. Before the final termination of case, a breach or violation of an instrument, statute, EO or order occur 2. The action be allowed to file as ordinary action. Rule 64 Review of judgement of COMELEC and COA SEC.1 scope of review of judgement: 1. Final order or resolutions of COMELEC 2. Final order or resolutions of COA SEC.2 mode of review Brought it to SC on certiorari
SEC.3 time to file petition:
1. Within 30 days from notice of judgement 2. It shall interrupt the running upon filing of motion for new trial and reconsideration 3. If denied, the party may file petition to the remaining period but shall not be less than 5 days reckoned from notice of denial SEC.4 docket and other lawful fees: Shall pay before the clerk and deposit Php500 for cost. SEC. 5 forms and content of pleading: 1. 18 eligible copies 2. Shall be named before the aggrieved party 3. Shall attached eligible duplicate original or certified true copy of judgment and other pertinent documents 4. Shall state material dates 5. Shall contain sworn certification against forum shopping 6. The proof of service Failure to comply is ground for dismissal SEC.6 order to comment: 1. 10 days from notice 2. The court may dismiss, if questioned raised s unsubstantial and manifestly filed to delay SEC.7 1. 2. 3.
comments of respondent: 18 eligible copies Attached pertinent documents Copies to petitioner
SEC.8 effects of filing and submission to
decision: 1. Filing of petition will not bar execution of judgment 2. Unless, the court requires completion of filing pleading is submitted for decision Rule 65 Petition for Certiorari, Prohibition and Mandamus: SEC.1 what is petition for certiorari: 1. It is file to ANNUL or MODIFY judgment or proceeding of tribunal 2. Granting of incidental relief as justice requires
3. For any tribunal acted without or in
excess of jurisdiction and there is no plain and speedy remedy 4. The petition must have: Certified true copy of judgment Pleading and attached documents Sworn statement of certification of non-forum shopping. SEC.2 what is petition for prohibition: It is a verified petition alleging the facts with certainty and praying that judgement be rendered commanding the respondent to DESIST from further proceeding. SEC.3 what is petition for mandamus: Commanding the respondent immediately or at some other time to DO ACT required to be done to protect rights of the petitioner. SEC.4 where to file: 1. To be filed not more than 60 days from notice of judgment to be assailed in the SC 2. In the RTC, within its jurisdiction over territorial area of the lower court, corporation, or board of officer 3. CA, for appeal in quasi-judicial bodies 4. CA and Sandiganbayan, in aid of its jurisdiction SEC.5 order to comment: 1. 10 days from receipt of copy 2. For certiorari filed before the SC and CA, they shall permit to file their answer or any responsive pleading and not to dismiss though insufficient in form and substance SEC.6 expediting the proceeding: 1. The court where the petition id filed may issue TRO or preliminary injunction 2. However, it shall not interrupt the principal case unless the TRO or preliminary injunction is issued. SEC.7 Rule 66 Quo Warranto SEC.1 what is a quo warranto:
1. An action for USURPATION, INTRUSION
or UNLAWFULLY HOLDING of public office, position or franchise 2. It filed against: A person who usurps, intrudes or unlawfully holding a public office, position or franchise Public officer who does or suffers an act which by provision of law constitute forfeiture of office An association which acts as corporation in the Philippines, without lawful authority so to act SEC.2 how quo warranto is commenced: By fling of verified complaint with permission of the court SEC.3 when SolGen or public prosecutor commence an action: 1. When directed by president of Phil. 2. Upon complaint 3. Or has good reason to believe that it can be established by proof SEC.4 when SolGen or public prosecutor commence an action without permission of the court: In case the officer bringing the action may first require an indemnity for the expenses and cost of the action SEC.5 does petition need permission to commence an action: YES, permission to commence an action if granted by the court which directs that the notice shall be served to the respondent for him to be heard and copies shall be served to all interested parties SEC.6 when an individual can commence an action: Person claiming to be entitled to a public office shall commence and bring an action in his own name SEC.7 what is the content of the petition: 1. Set forth the name of person entitled thereto 2. An averment to his right and that respondent is unlawfully in possession SEC.8 venue
1. An action be brought before the SC,
CA or RTC 2. The RTC must be exercising jurisdiction over the territorial area where any of the respondent resides 3. An action brought by SolGen shall be filed before the RTC of Manila, CA or SC SEC.9 period for pleadings and proceeding may be reduced, ACTION GIVEN PRECEDENCE OVER ANY OTHER CIVIL MATTER PENDING: The court may reduce period in the filing of pleadings, in order to secure the most expeditious determination of matters involved therein consistent with the rights of the parties. SEC.10 judgement were usurpation found: 1. If found guilty the respondent shall be ousted an altogether excluded therefrom and petitioner shall recover his cost 2. Judgment may include determining respective rights in public position as justice requires. SEC.11 rights of person adjudge entitled to pubic office: After taking an oath of office and excuting bond required by law. 1. The person entitled may demand all books and papers in the custody of respondent 2. May recover damages sustained by such person. Failure to deliver shall amount to contempt SEC.12 what are the limitations: NOTHING IS CONSTRUED TO LIMIT AN ACTION AGAINST PUBLIC OFFICER, unless, 1. The same be commenced 1 year after the cause of such ouster 2. The right of petitioner to hold such office arose 3. Action for damages unless commenced within 1 year after the entry of the judgement SEC.13 what is judgment for costs: The court may render judgment against 1. Petitioner 2. Relator 3. Respondent
4. Person/s claiming to be a corporation
(as justice requires) Rule 67 Expropriation SEC. 1 how it is commenced: 1. Filing of verified complaint
2. Shall state with certainty the right and
purpose of expropriation 3. Described real or personal property to be expropriated 4. Join as defendants all persons owning or claiming or occupying the property. Ad if practicable