l Interpleader Dec.

Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt

COMELEC REM
Elements 1. There must 1. There 1. There is a There is a Delegated Applies only to 1. The action Forcible Direct
be two or more must be a judgment, clear right to to LGUs judicial shall be Entry: Contempt:
claimants with justiciable final order, or office foreclosure of brought by 1. One is 1. Any pf the
adverse or controversy resolution by allegedly 1. There is REM the person deprived of following acts:
conflicting 2. the being held by an who has the physical a. A person
interests to a Controversy COMELEC or another ordinance *Extra-judicial right to possession guilty of
property in must be COA (not (not a mere foreclosure only compel the due to FISTS misbehavior in
custody or between interlocutory resolution) if there is an partition of 2. Illegal from the presence of
possession of parties orders) May be enacted by SPA attached to real estate or the very or so near a
the plaintiff whose 2. File within commenced the local the REM of an estate beginning court as to
2. The plaintiff interests are 30 days from against the ff: legislative composed of obstruct or
has no claim adverse notice of 1. a person council personal interrupt the
upon the SM 3. The party judgment who usurps a authorizing property, or proceedings
of if he has, it seeking the public office, the local of both real before the
is not disputed relief must If rules allow position, or chief and personal Unlawful same
by the have a legal MR or MNT, franchise executive property detainer: b. disrespect
claimants interest in the interrupts 2. public to exercise 2. The 1. One toward the
3. The SM controversy period to file; officer who the power plaintiff is a illegally court, c.
must be one 4. That the if denied, file performance of eminent person who withholds offensive
and the same. issue is ripe petition an act domain or is supposed possession personalities
for judicial during the constituting pursue to be a co- after the toward others,
determination remaining forfeiture of a expro owner of the expiration or d. refusal to be
___________ period but in public office proceeding property or termination of sworn or to
no case shall 3. an s over a estate sought a contract answer as a
1. Petition for not be less association particular to be (express or witness, or,
declaratory than 5 days which acts as private partitioned. implied/ mere e. refusal to
relief involves a corporation property The tolerance) subscribe to an
a: *Filing does within the 2. The defendants 2. Originally affidavit or
a. deed not stay the Philippines power of are all co- legal, but deposition
b. will execution without being eminent owners. became when lawfully
c. contract/ unless legally domain is illegal. required to do
any other directed by incorporated exercised *All co- so.
written SC or without for public owners must
instrument lawful use, be joined as 2. Acts of party
d. statute authority to purpose, or indispensable or a counsel
e. EO/ reg. do so welfare, or parties; which would
f. Ordinance for the otherwise, it constitute
g. Any other benefit of will not lie. deliberate
governmental the poor forum
regulation shopping.
l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
*Different and 3. Unfounded
2. Action for from QW landless accusations or
reformation under the 3. There is allegations
of instrument Omnibus payment for tending to
3. Action to Election Code just embarrass the
quiet title (in terms of compensati court or to bring
4. Action to grounds, JD, on it into
consolidate time to file) 4. A valid disrepute.
ownership and definite
offer has Indirect
*Should be been Contempt:
no breach previously a. Misbehavior
*But must be offered to of an officer of
one with owner, but a court in the
“ripening of this was not performance of
seeds” accepted. his official
duties or in his
official
transactions;

b.
Disobedience
of or resistance
to a lawful writ,
process, order,
or judgment of
a court,
including the
act of a person
who, after
being
dispossessed
or ejected from
any real
property by the
judgment or
process of any
court of
competent
jurisdiction,
l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
enters or
attempts or
induces
another to
enter into or
upon such real
property, for
the purpose of
executing acts
of ownership or
possession, or
in any manner
disturbs the
possession
given to the
person
adjudged to be
entitled thereto;

c. Any abuse of
or any unlawful
interference
with the
processes or
proceedings of
a court not
constituting
direct contempt
under section 1
of this Rule;

d. Any
improper
conduct
tending, directly
or indirectly, to
impede,
obstruct, or
degrade the
 l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
administration
of justice;

e. Assuming to
be an attorney
or an officer of
a court, and
acting as such
without
authority;

f. Failure to
obey a
subpoena duly
served;

g. The rescue,
or attempted
rescue, of a
person or
property in the
custody of an
officer by virtue
of an order or
process of a
court held by
him.
Purpose To compel To settle To appeal To determine To foreclose To determine 1. Vindication
claimants to rights and COMELEC/ the right of a property that is the right of of public
interplead and obligations, COA orders person to the attached due to physical or interest
to litigate their questions of use or credit/ material 2. Coercion to
conflicting construction exercise of a obligations due possession compel the
claims among or validity franchise or independent contemnor to
themselves office, if his of any claim do what the law
claim is well- of ownership requires
founded, or if
he has
forfeited his
right to enjoy
the office.
 l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
Jurisdiction 1. Personal RTC Supreme 1. SC, CA, or RTC RTC where the RTC where MTC MTC (where
Property – (incapable of Court RTC who has real property, or the property (Summary in the contempt
P300,000/ pecuniary JD over the its portions, is is situated nature) was allegedly
P400,000 estimation) territorial area situated committed) or
(MM) or less, where (incapable of with the RTC
MTC; if more, respondent pecuniary (where
RTC. resides estimation) committed;
2. SB, if in aid appealed from
2. Real of its MTC; or,
Property – appellate JD against
P20,000/ 3. If by the persons or
P50,000 (MM) SG, RTC of entities
or less, MTC, Manila, CA, exercising QJ
if more, RTC. SC functions)
Initial filing Complaint Petition Petition Petition Petition by Complaint Complaint Complaint Complaint Petition
(see Solicitor (plaintiff (within 1 year
requirements, General, already from date of For IC:
if not public allowed actual entry 1. Verified
complied prosecutor, or possession for FE, OR 1 petition;
with, may be private after filing year from last 2. By order or
sufficient person complaint, demand for formal charge
ground for claiming to be provided UD) by the court
dismissal) entitled to the that there motu proprio.
office must be a *Demand is to
deposit demand *Must have an
Within 1 year equivalent payment AND opportunity for
after the case to the to vacate the person
of ouster or assessed *Demand not charged to
right of value of the necessary if explain his
petitioner to property for there is a conduct, and to
hold office purposes of stipulation be heard by
taxation, dispending himself or
and notice demand OR if counsel.
to lease contract
defendant) has expired
Answer/ 1. Answer Court has 2 1. Answer, if Answer Answer
Comment 2. Motion to options upon there is
dismiss within receipt of objection to Defenses:
time to file petition: the complaint 1. Tenant –
answer court to
 l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
(grounds in 1. Deny 2. Notice of conduct
R.16 and (petition is not appearance preliminary
impropriety of sufficient in or hearing. If
the action for form and manifestation, tenancy is
interpleader) substance; if no objection real, dismiss
petition is case.
manifestly for *Failure to 2. Owner—
delay; or, answer will court may
question not make him resolve
raised is too in default or ownership
unsubstantial) to lose his (only when
2. Order to standing; may the issue of
comment still present possession
evidence as cannot be
to the amt. of resolved
compensation without
that should resolving the
be paid issue of
ownership;
and, shall
only be
resolved to
determine the
issue of
possession)
Reply Reply, Upon filing of
counterclaims, comments/
cross-claims, expiration of
third-party period:
complaints 1. Deemed
Pre-Trial Yes submitted for Yes
Trial Yes decision Yes
2. Set for oral
argument; or
3. Require
parties to
submit
memoranda
 l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
Judgment/ Order 1. Order for 1. Order of Sale 1. Order of
Order requiring expropriation containing the partition
conflict (determines ff.: (plaintiff is
claimants to the propriety a. amount due truly a co-
interplead of expro b. judgment of owner)
including its the sum due 2. Order of
May include necessity and c. pay within 90 accounting
an order public to 120 days
directing that purpose) d. in default,
SM to be paid 2. just shall be sold in
or delivered to compensation public auction
the court (with the help
of comm’s.) *Plaintiff must
file motion for
the actual sale
of the property
(ex-parte)
After Sale:
*Plaintiff must
file motion for
the confirmation
of the sale (not
ex-parte,
requires notice
and hearing)

2. Order of
Confirmation

3. When there is
a deficiency, the
Court shall
render a
deficiency
judgment (upon
motion)
Damages May file for Those
damages corresponding
within 1 to the “sum
year from justly due as
 l Interpleader Dec. Relief COA/ CPM QW Expro Foreclosure of Partition FE/ UD Contempt
COMELEC REM
entry of arrears for
judgment rent or as
establishing reasonable
right to compensation
office in for the use
question and
occupation of
the premise.”

The Court
may also
award
attorney’s
fees and
costs.
Appeal 1. Order of 1. Appeal via 1. Appeal via 1. Appeal 1. Appeal in the
expro may be Rule 41 Rule 41 before RTC same manner
appealed to 2. Other post- 2. Other post- via Rule 40; as in criminal
CA (but shall judgment judgment file cases. File
not prevent remedies (such remedies supersedeas bond,
court to as R. 37 and (such as R. bond to pay conditioned
determine 38) 37 and 38) for the rents, upon his
JC) damages, and performance of
2. Order of *No RoR, only costs; and, the judgment or
JC may be an EoR, after periodically final order if the
appealed to sale but before deposit with appeal is
CA (but shall confirmation the RTC decided against
not delay (except if banks, during him, to STAY
expro and given 1 year pendency of the execution.
possession) after registration the appeal to
of certificate of STAY the
sale in the execution.
Registry)