SPECIAL CIVIL ACTIONS

PRELIMINARIES

A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or
redress of a wrong (Sec. 3[a], Rule 1, Rules of Court)

The fact that an action is subject to certain special rules, other than those applicable to ordinary civil actions, is what
makes a civil action special

Petition vs. Complaint

- While sometimes used interchangeably, petitions and complaints are not the same. A petition is provided to a
court by a petitioner, while a complaint is filed by a plaintiff. The party that the lawsuit is filed against is called
the respondent when a petition is filed, and the defendant in the case of a complaint.

HOW SPECIAL CIVIL ACTIONS ARE INITIATED OR COMMENCED

By Petition:

a. Declaratory Relief and other similar remedies

b. Review for adjudication of the COMELEC and COA
c. Certiorari, prohibition and mandamus
d. Quo warranto
e. Contempt

By Complaint:

a. Interpleader
b. Expropriation
c. Foreclosure of real estate mortgage
d. Partition
e. Forcible entry
f. Unlawful detainer

COURT WITH JURISDICTION OVER SPECIAL CIVIL ACTIONS

Special civil actions which are real actions (actions involving title, possession of, or any interest in real property) may be
filed not only in the RTC but also in the MTC depending on the assessed value of the property.

When a case is subject to concurrent jurisdictions, the principle of hierarchy of courts shall apply

RULE 62 – INTERPLEADER

- is a special civil action filed by a person against whom two conflicting claims are made upon the same subject
matter and over which he claims no interest whatever, or if he has interest, it is one which in whole or in part is
not disputed by the claimants

Requisites for an interpleader

a. There must be two or more claimants with adverse or conflicting interest upon a subject matter;
b. The conflicting claims involves the same subject matter;
c. The conflicting claims are made against the same person (plaintiff);
d. The plaintiff has no claim upon the subject matter of the adverse claim or he has an interest at all, such is not
disputed by the claimants;

- In effect, the plaintiff, in filing, asks from the court that he be dismissed from the suit and that he be relieved of
any liability arising from the subject matter of the interpleader.
- The remedy is afforded not to protect a person from double liability but to protect him against double vexation
in respect of one’s liability

Court with Jurisdiction

a. Personal Property
a. 300,000 or less – MTC if outside Metro Manila, else RTC
 b. 400,000 or less – MTC within Metro Manila, else RTC
b. Real Property
a. 20,000 or less – MTC if outside Metro Manila, else RTC
b. 50,000 or less – MTC within Metro Manila, else RTC
c. Incapable of pecuniary estimation- RTC

Interpleader vs Intervention

INTERPLEADER
is a special civil action, independent and original
Is commenced by filing of a complaint
Is filed by a person who has no interest in the subject
matter of the action, or if he has an interest, the same is
not disputed by the claimants
The defendants are brought into the action because they
are sued and impleaded as such in the complaint
INTERVENTION
Not an original action but merely ancillary and depends
upon the existence of a previous pending action
Is commenced by a motion for leave to intervene filed in
a pending case attaching thereto the pleading-in-
intervention
Is filed by a person with legal interest in any of the
following: (a) subject matter of the litigation; (b) success
of either party; (c) interest against both; (d) he may be
adversely affected by the disposition or distribution of
property in custody of the court or of an officer thereof
If a complaint-in-intervention is filed, the defendants are
already parties to an existing suit

RULE 63 – DECLARATORY RELIEF AND SIMILAR REMEDIES

- Is defined as an action by any person interested in a deed, will, contract or other written instrument, executive
order or resolution, to determine any question of construction or validity arising from the instrument, executive
order or regulation, or statute; and for a declaration of his rights and duties thereunder.
- The only question that may be raised in such a petition is the question of construction or validity or provisions in
an instrument or statute.

Purpose of Declaratory Relief

a. Determine any question of construction or validity arising from the subject of the action
b. Seek declaration of the petitioner’s rights thereunder

Types of Actions under Rule 63

a. Action for declaratory relief

b. Action for the reformation of an instrument
c. Action for quieting of title to real property or remove clouds therefrom
d. Action for consolidation of ownership

Grounds for Refusal of Judicial Declaration

a. Where a decision on the petition would not terminate the uncertainty or controversy which gave rise to the
action;
b. Where the declaration or construction is not necessary and proper under the circumstances as when the
instrument or the statute has already been breached

Requisites for Declaratory Relief

a. The subject matter of the controversy must be a deed, will, contract or other written instrument, statute,
executive order or regulation, or ordinance
b. The terms of said documents and the validity thereof are doubtful and require judicial construction
c. There must be no breach of the documents in question
d. There must be an actual justiciable controversy or the “ripening seeds” of one between persons whose interest
are adverse
e. The issue must be ripe for judicial determination
f. Adequate relief is not available through other means or other forms of action or proceeding
Subject Matter in a Petition for Declaratory Relief; exclusive

a. Deed
b. Will
c. Contract or other written instrument
d. Statute
e. Executive order or regulation
f. Ordinance
g. Any other governmental regulation

Court with Jurisdiction

- The subject matter of a petition for declaratory relief raises issues which are not capable of pecuniary estimation
and must be filed with the Regional Trial Court

Cloud on the Title

a. Any instrument, record, claim, encumbrance or proceeding;

b. Which is apparently valid and effective;
c. But is in truth and in fact invalid, ineffective, voidable, or unenforceable; and
d. May be prejudicial to the title sought to be quieted;

Requisites for Quieting of Title

a. The plaintiff or complainant has a legal or equitable title or interest in the real property subject of the action
b. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his title must be shown to be in
fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy

RULE 64 – REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMELEC AND COA

- The petition must be on jurisdictional grounds, that the commission concerned acted without or in excess of
jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction
- The petition for certiorari referred to in Rule 64 shall be filed within 30 days from notice of the judgment, final
order or resolution of the COMELEC or COA

Requisites in Filing of Petition under Rule 64

a. That the petition be verified

b. That the petition shall state the specific material dates showing that it was filed within the period fixed
c. That the petition shall contain a sworn certification against forum shopping

Court’s Options upon receipt of the Petition:

a. Deny the petition outright

b. Order the filing of a comment (within 10 days)

Ground’s for Outright Dismissal

a. The petition is not sufficient in form and substance

b. The petition is filed manifestly for delay
c. The question raised is too unsubstantial to warrant further proceedings

RULE 65 – CERTIORARI, PROHIBITION, MANDAMUS

A. Certiorari
- Is an original action invoking the original jurisdiction of a court to annul or modify the proceedings of a tribunal,
board or officer exercising judicial or quasi-judicial functions. A petition for certiorari under Rule 65 is limited to
corrections of errors of jurisdiction or grave abuse of discretion amounting to lack or excess of jurisdiction.
- An Error of Judgment is one which the court may commit in the exercise of its jurisdiction, and which error is
reviewable only by appeal. Error of Jurisdiction is one where the act complained of was issued by the court
without or in excess of jurisdiction and which error is correctible only by the extraordinary writ of certiorari

Appeal vs. Certiorari

 Appeal
Invokes the appellate jurisdiction of the court
Usually filed within 15 days from notice of judgment or
final order, or 30 days where a record on appeal is
required
Is a continuation of the original case
The parties are the original parties to the case
Raises questions of law
Does not require a prior motion for reconsideration
Unless a rule provides for the contrary, stays the
judgment appealed from
As a mode of appeal is filed with the SC
Certiorari
Invokes the original jurisdiction of the court
is filed within 60 days from notice of judgment, order or
resolution
Is an independent original action
A petition for certiorari also impleads the tribunal, court,
board or officer
Raises questions of jurisdiction
As a general rule requires a prior motion for
reconsideration
Does not stay the judgment or order subject of the
petition unless enjoined or restrained
Filed with the RTC, CA, SC, or Sandiganbayan

- remedies of appeal and certiorari are mutually exclusive, not alternative or successive.

Rule 64 vs Rule 65

Rule 64
Directed only against the judgements, final orders or
resolutions of the COMELEC or COA
Is filed within 30 days from notice of judgment
The filing of a motion for reconsideration or new trial, if
allowed, interrupts the period of the filling of a petition
for certiorari, if motion is denied, the aggrieved party
may file the petition within the remaining period, but
which shall not be less than 5 days reckoned from the
notice of denial
Rule 65
Is directed against any tribunal, board or officer
exercising judicial or quasi-judicial functions
Is filed within 60 days from notice of judgement
The period within which to file the petition, if the motion
for reconsideration or new trial is denied, is 60 days from
notice of the denial of the motion

Cases where Certiorari is not Available (interlocutory orders

a. Petition for writ of amparo

b. Petition for writ of habeas data
c. Small claims cases
d. Cases governed by the Rules on Summary Procedure

Principle of Judicial Courtesy

- The principle of judicial courtesy applies only “if there is a strong probability that the issues before the higher
court would be rendered moot and moribund as a result of the continuation of the proceedings in the lower
court.” The Supreme Court clarified that the principle of judicial courtesy remains to be the exception rather
than the rule. (TRAJANO VS. UNIWIDE SALES WAREHOUSE CLUB [2014]).

When certiorari is available despite loss of appeal

a. When appeal is lost without the appellant’s negligence

b. When public welfare and advancement of public policy dictates
c. When the broader interest of justice so requires
d. When the writs issued are null and void
e. When the questioned order amounts to an oppressive exercise of judicial authority

Requisites for a Petition for Certiorari:

a. The petition is directed against a tribunal, board or officer exercising judicial or quasi-judicial functions
b. Such tribunal, board or officer has acted without or in excess of jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction
c. There is neither appeal nor any plain, speedy and adequate remedy in the ordinary course of law

Judicial Function

- Where the respondent 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 and adjudicate upon the rights of the parties
Quasi-Judicial Function

- Is a term which applies to the action, discretion, etc., of public administrative officers or bodies, which are
required to investigate facts and ascertain the existence of facts, hold hearings, and draw conclusions from them
as a basis for their official action and to exercise discretion of a judicial nature

Ministerial Function

- Is one which an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and
without regard to the exercise of his own judgment upon the propriety or impropriety of the act done

Without Jurisdiction

- Denotes that the tribunal, board, or officer acted with absolute lack of authority

Excess of Jurisdiction

- When the public respondent exceeds its power or acts without any statutory authority

Grave Abuse of Jurisdiction

- Connotes such capricious and whimsical exercise of judgment as to be equivalent to lack or excess of jurisdiction

Exceptions to the requirement of a motion for reconsideration

a. The order is a patent nullity, as where the court a quo has no jurisdiction
b. The subject matter of the action is perishable
c. Under the circumstances, a motion for reconsideration would be useless
d. The proceedings in the lower court are a nullity for lack of due process
e. Where the issue raised is one purely of law

Requirements for the Filing of a Petition for Certiorari

a. Verified petition
a. Allege the facts with certainty
b. Pray that the judgment be rendered annulling or modifying the proceedings of the tribunal, board or
officer
c. Grant such incidental reliefs as law and equity may require
b. A certified true copy of the judgment, order or resolution subject of the petition
c. Copies of all pertinent pleadings and documents
d. A sworn certification of non-forum shopping

Material Date Rule: must be included in the petition

a. When notice of the judgment, final order or resolution subject to the petition was received;
b. When a motion for new trial or reconsideration was filed if any; and
c. When notice of the denial of the motion for new trial or reconsideration was received;

Grounds for Dismissal of the Petition:

a. The petition is found to be a patently without merit

b. The petition is prosecuted manifestly with delay
c. The questions raised in the petition are to unsubstantial to require consideration

B. PROHIBITION
- Is an extraordinary writ commanding a tribunal, corporation, board, officer or person, whether exercising
functions that are judicial, quasi-judicial or ministerial, to desist from further proceedings when such are
conducted without or in excess of its jurisdiction, or with grave abuse of discretion, there being no appeal or any
plain, speedy and adequate remedy in the ordinary course of law.

Requisites for a Writ of Prohibition

a. The impugned act must be that of a tribunal, corporation, board or person exercising judicial, quasi-judicial, or
ministerial functions
b. The tribunal, corporation, board or person must have acted without or in excess of jurisdiction or with grave
abuse of discretion amounting to lack of jurisdiction
c. There is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law
 d. Like a petition for certiorari, the petition for prohibition shall be accompanied by a certified true copy of the
judgment or order subject of the petition, copies of all the pleadings and documents relevant and pertinent
thereto, and sworn certification of non-forum shopping

Prohibition vs Certiorari

Prohibition
Directed to respondent exercising judicial, quasi-judicial
and ministerial functions
Directed to the tribunal itself commanding it to desist
from further proceeding with the case
Is to command the respondent to desist from
proceedings
Certiorari
Directed to respondent performing judicial or quasi-
judicial functions
Directed to the action of the court which is sought to be
annulled
Is to annul or modify the judgment, order, resolution or
proceedings of the public respondent

C. MANDAMUS
- Is an extraordinary writ commanding a tribunal, corporation, board or officer or person to do an act required to
be done:
a. When it or he unlawfully neglects the performance of an act which the law specifically enjoins as a duty, and
there is no other plain, speedy and adequate remedy in the ordinary course of law. The duty referred herein
is one which results from an office trust or station
b. It is also available when one unlawfully excludes another from the use and enjoyment of a right or office to
which such other is entitled and there is no other plain, speedy and adequate remedy in the ordinary course
of law

Prayer in a petition for Mandamus

a. That judgment be rendered commanding the respondent to do the act required to be done to protect the rights
of the petitioner; and
b. That the respondent pay the damages sustained by the petitioner by reason of the wrongful acts of the
respondent;

Requisites for Mandamus to be Available:

a. The plaintiff has a clear legal right to the act demanded

b. It must be the duty of the defendant to perform the act, because it is mandated by law
c. The defendant unlawfully neglects the performance of the duty enjoined by law
d. The act to be performed is ministerial, not discretionary
e. There is no appeal or any other plain, speedy and adequate remedy in the ordinary course of law

Mandamus vs Injunction

Mandamus
Is a special civil action
Directed to a tribunal, corporation, board, officer or
person because he unlawfully neglects the performance
of a ministerial duty resulting from an office, trust or
station
Has reference of a positive legal duty
Injunction
As a principal action is an ordinary civil action
May be directed even against private litigant who has no
duty arising from an office, trust or station
Refers to the prevention of an inimical act to the interest
of the plaintiff

Writ of Continuing Mandamus

- Is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or
officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until
judgment is fully satisfied

When Available

a. When any agency, instrumentality of the government or officer thereof unlawfully neglects the performance
of an act which the law specifically enjoins as a duty resulting from an office, trust or station in connection
with the enforcement or violation of an environmental law, rule or regulation or a right therein; or
b. Unlawfully excludes another from the use or enjoyment of such right
Writ of Kalikasan;

Writ is available to a

a. Natural person
b. Juridical person
c. Entity authorized by law
d. People’s organization
e. Non-governmental organization
f. Any public interest group accredited by or registered with any governmental agency

The violation or threatened violation is caused by unlawful acts or omissions by:

a. Public official
b. Public employee
c. Private individual
d. Private entity

Requisites for Writ of Kalikasan

a. Environmental law, rule or regulation violated or threatened to be violated

b. Act or omission complained of
c. Environmental damage of such magnitude as to prejudice life, health or property of the inhabitants in 2 or more
cities or provinces
d. All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or
other expert studies, and if possible, object evidence

Prohibited Pleadings

a. Counterclaim
b. Cross-claim
c. Third-party complaint
d. Reply

Prohibited Motions

a. Motion to dismiss
b. Motion for extension of time to file return
c. Motion for postponement
d. Motion for bill of particulars
e. Motion to declare the respondent in default