MASTER NOTES IN SPECIAL CIVIL ACTIONS Dean Virgilio Jara (2008) SPECIAL CIVIL ACTIONS (RULES 62 to 71) INTERPLEADER (RULE 62) Ps! * Observe the procedural deviation in interpleader when the parties are plaintiff vs defendant 1. and defendant 2; and Compare this with the case of plaintiff vs defendant 1 and defendant 2 in ordinary civil action (SEE Rule 9 Sec 3c). One will immediately sae that in Interpleader, there is no’such thing as partial default as contemplated in ordinary civil action, aside from the fact that there is no common cause of action against defendant 1 and defendant 2 in interpleader.. Moreover since there Is in fact no cause of actions if Interpleader, it is impossible for them to share’ a common defense. * SEE Warehouse Receipts Law * If there is already an ordinary civil aetion againét the warehouseman, he cannot thereafter fle a separate interpleader action. This is because to do so would result to, the ismissal of the separate special civil action on the ground of absence of cause of action. oF impropriety of the Complaint for interpleaders * SEE Appendix of BFS: FORM 5: Answer with Counterctainy for interpleaders this is the justification why counterclaim {or interpleader is possible.The appendix of forms. being prepared by the Supreme Court itself. * In case of appeal we applyithelordinary rules. DECLARATORY RELIEF AND OTHER SIMILAR REMEDIES (RULE6) “There are 4 specialfélvll actions in RUBE. * THE OTHER SIMILAR REMEDIES) namely quieting of title to real property or remove clouds therefrom, consolidation of title and reformation of instrument all of them need a CAUSE OF ACTION. “The relief ther similar remedies” are not kinds of declaratory * The purpose of declaratory relief is to stop a possible Litigation, * We still need a defendant fn this special civil action, see sec 2. * We cannot expect the petitioner to pray for damages etc. * (MASTER: how do we enforce the judgment here?) * The court can outrightly dismiss the petition * Compare it with interpleader in respect to the power to cutrightly dismiss or refuse to entertain. in interpleader the court cannot do this. Lex Talionis Fraternitas, Inc. SODALITAS DUCUM FUTURORUM CERTIORARI, PROHIBITION & MANDAMUS (RULES 64 & 65) * Compare Certiorari in Rules 45, 64 and 65 examiners are always attracted to this subject matter. * Correlate Rules 64, 41 and 16, 17 and 18, + Important to determine when it is with or without prejudice, forthe correct remedy. * could always file a complaint jf. the dismissal is without prejudice. * Thesintroduction of Rule 4jptogéther with Art Vill Sec 5 of ithe Constitution greatly broadened the application of Rule 65 and now covers also final orders-not only interlocutory orders. * Rule Géisia mode of review bute Mechanism is Rule 65 The period to appeal thould always be followed, even if the ‘appellant has mistaken the period to be 60’ days as in ‘certiorari, the court wll outrightly dismiss the appeal. * When the MOTION TO DISMISS ofilgfound of lack jurisdiction {sdenied, which is an interlocutory ofder, and the defendant Feally belteves that there is lack of jurisdiction, what is the Femedy considering that in Rule 16 he will be required to Petition for prohibition, is the éorrectitemedy: to prohibit the respondent court ‘from proceeding, .that is to stop requiring an answer from defendant. To avoid answering, a provisional remedy for the issuance of the writ of preliminary Injunction may be applied for in the petition for prohibition. ‘The present practice is to file an ANSWER) AD CAUTELAK together with the petition under Rule’ 65. It.is called ad cautelamy because the answer is, fled Just to avoid being declared in default and at the same time the answer will not be construed as a waiver, The filing of the answer ad cautelam wil in effect be just a precautionary measure. The remedy solves this dilemma: Ifthe defendant does not file an janswer he may be declared in default. If however he files an answer he may be deemed to have impliedly waived the defense of Lack of jurisdiction. If instead of filing a petition for prohibition, the defendant files.a petition for certiorari, the SC ruled that the petition for certlorar will be considered or treated as if a Petition for prohibition, This is because the requirements of the two remedies are practically identical, thus the error will be disregarded. * The public respondent must be impleaded although only a nominal party * The purpose of the rule on Hierarchy of Courts ‘ to discourage the filing of certiorari to SC (MASTER: SEE Sec 4, 2" paragraph as amended that omits the SC altogether, to {implement the policy for the petitioner to choose either RTC orca) * In addition to the grounds enumerated in Rule 16, another ground for a mation to dismiss is when petitioner violates the 9-2008 39 pears of excellence and superiorityMASTER NOTES IN SPECIAL CIVIL ACTIONS Dean Virgilio Jara (2008) Ps! * Even if there is no express mention in Sec 1 and 2 on the award of damages, the SC ruled that such award for damages 's contemplated by the broad concept of “incidental reliefs as law and justice may require. principle of hierarchy of courts in Sec 4 Rule 65. * The recovery of damages arising from the wrongful acts should be incorporated. If It 1s not Incorporated then it Is barred by res judicata Thus there can be no separate action for damages because that will be in effect a splitting of a cause of action * The said award of damages may be executed through the Use of Rule 39. But generally we do not use Rule 39 to enforce this special civil action. The proper /remedy! is contempt. * Rule 65 is enforced by a petition for contempt. (QUO WARRANTO (RULE 66) ‘The difference between mandamus and.@U@warranto: = Mandamus complaint; = Quo Warranto: wallow a separate complaint for damages; damages€annot Be filed in a separate * A relator! eansinitiate a quo werranto proceeding, even without the assistance of the Solictior General. (MASTER: SEE Sec 5) ‘EXPROPRIATION (RULE 67) * SEE BP 129 Sec 39 on Multiple appeals “There can be an immediate issuance of writ of posession in expropriation even before the:defendant gives his sideior is heard, as long as the deposit required by law is given. Thibis 2 ministerial duty on the part of the court. (MASTER: See 2) Rute 67) * Motion to dismiss? After control or taking of property, it cannot be dismissed since there isa second stage. * Even if there fs an appeal of 1st stage, the 2nd stage could still proceed. * In so far as the first issue (the propriety of expropriation) is concerned he fs in default, but in so far as the second issue (Gust compensation) is concemed he can participate in the wal * Reason why there are prohibited pleadings: ‘The court is authorized to determine title and ether fssues. There is no need for the litigants to file claims, the court will see to it that the claims are paid by” just Compensation whether or not they are involved in. the litigation. (MASTER: SEE Sec 9.) Lex Talionis Fraternitas, Inc. SODALITAS DUCUM FUTURORUM * In case that the property is in the possession of the defendant but Is in reality owned by national government, ‘what is the proper remedy? Expropriation is proper. It can be filed against the ‘occupant oF unlawful possessor, not only against the owner. This remedy is more expedient and favorable to the government because the complainant, the owner-national government in this case, can immediately take possession of the property FEUD {s also another option, but this ts more tedious, * Rule 36 Sepafate sudment vs Judgments rendered in Expropriation proceeding: Th Expropriation, both the judgment on the right to ‘expropriate and the judgment on aceounting are appealable. However, in separate judgments they are not appealable, if a party wants to appeal smustiget the consent Of the-courte-The remedy is Rule 65 (SEE Rule 41 f as amended) “In Rule 32 appointment BF commissioner is also an incident ‘ofan ordinary civil action. “The difference from lexpropriation is that, in Rule 32 itis. diseretionary. The court ereover may motu propig appaint commissioners, even if the parties object under certain instances. However in expropriation, whether the parties ‘object or agree, it is mandatory ‘Res on appeal: 30 days, record on appeal = Wf on, appa the SC reversed the right toexproprate, the Rules state that the trial court will see to it that the defendant is restored to his property and will determine the amount of damages which is expressly provided for in Sec 11 * According to the SC, the complaint fordamages arising from the wrongful expropriation could be subject of a separate complaint, It iS allowed. ‘The fjustification is that the defendant cannot file a counterclaim being a prohibited pleading in Sec 3. So there is really nothing he can do in the expropriation case jf the RTC did not award damages pursuant to Sec 11. We follow the same rule in Quo Warranto. There is no expressimention of this remedy, but there is nonetheless a Supreme Gourt decision to support the remedy of a separate complaint for damages. JUDICIAL FORECLOSURE OF REAL MORTGAGE (RULE 68) * How does a mortgagee foreclose chattel mortgage? ‘The recourse is to file a complaint for replevin. Once the possession of personal property is recovered, then foreclosure may commence. * ACT 3135 Real Estate Mortgage Law- In Extra-judicial foreclosure because of the need for SPA, it is really the mortgagor who decides in the deed of mortgage whether that remedy can be availed of. ‘The statement in textbooks that there is no judicial intervention in extrajudicial foreclosure is inaccurate. The 1969-2008 39 pears of excellence and superiority