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Rule 62 INTERPLEADER 1. What is an interpleader?

Interpleader is a special civil action filed by a person against two conflicting claims are made upon the same subject matter and owner which he claims no interest, to compel the complaints to interplead and to litigate their conflicting claims among themselves. Requirements for an interpleader to prosper: 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 interests at all, such interest is not disputed by the claimants; c. The subject matter of the adverse claims must be one and the same. 2. Which court has jurisdiction over interpleader actions? The court with jurisdiction over an action for interpleader shall depend upon the following: 1. If the subject matter of the action is personal property, valued at not more than P300,000 outside Metro Manila, and in Metro Manila, at not more more than P400,000.00, the Municipal Trial Court has jurisdiction. 2. If the subject matter of the action is real property with an assessed value at not more than P20,000 outside Metro Manila, at not more than P50,000, the Regional Trial Court has jurisdiction. 3. Who may bring an action for interpleader? A complaint for interpleader is filed by the person against whom the conflicting claims are made. The person who files the complaint shall pay the docket and other lawful fees and shall bear the costs and other litigation expenses even if he has no interest in the subject matter of the action. Recovery of such fees and expenses may nevertheless, be recovered later on because they shall constitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise. 4.Purpose of Remedy To protect a person not against double liability but against double vexation in respect of one's liability. 5. When to file the Petition An action in interpleader should be filed within a reasonable time after a dispute has arisen without waiting to be sued by either of the contending complaints. Otherwise, it may be barred by laches or undue delay. This is because after judgment is obtained against the plaintiff by one claimant, he is already liable to the latter. Exception: Where the stakeholder acts with reasonable diligence in view of environmental circumstances, the remedy is not barred. If there are no conflicting claims among the defendants, the complaint for interpleader may be dismissed for lack of cause of action. Section 2. ORDER

The court shall issue an order requiring the conflicting claimants to interplead. If the interest of justice so requires, the court may direct in such order that subject matter be paid or delivered to the court. Section 3. SUMMONS Summons shall be served upon the conflicting claimants, together with a copy of the complaint and order. Section 4. MOTION TO DISMISS Within the 15 days provide3d for filing the answer, each claimant may file a MOTION TO DISMISS. Grounds: 1. Impropriety of the interpleader action; 2. The grounds for dismissal under Rule 16. The period to file answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but not less than 5 days in any event, reckoned from the notice of denial. Section 5. ANSWER AND OTHER PLEADINGS Effect When a Claimant Fails to Plead within the Time Fixed The court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. --- The parties in an interpleader action may file counterclaims, third party complaints and responsive pleadings thereto, "as provided by these Rules." The second paragraph expressly authorized the additional pleadings and claims enumerated therein, in the interest of a complete adjudication of the controversy and its incidents. NOTE: A defendant may file a counterclaim for interpleader against the plaintiff and a third party also claiming the subject matter of the suit. --- The conflicting claimants who are co-defendants in the action, must serve copies of their answers not only on the plaintiff but also upon their co-defendants since the controversy actually exists among the co-defendants. Section 6. DETERMINATION The court in a complaint for interpleader, shal;l determine the rights and obligations of the parties and adjudicate their several claims. Such rights, obligations, and claims could only be adjudicated if put forward by the aggrieved party in assertion of his rights. Section 7. DOCKET AND OTHER LAWFUL FEES, COSTS, AND LITIGATION EXPENSES AS LIENS Payment of the Docket Fees: The person who files the complaint shall pay the docket and other lawful fees and shall bear the costs and other litigation expenses. The docket and other law fees paid by the party who filed a complaint under this Rule, as well as the costs and litigation expenses, shall constitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise. --- The court determines only the issue WHO HAS BETTER RIGHT among the conflicting claimants.

INTERPLEADER An original action Commenced by the filing of a complaint motion to intervene filed in a pending case.

INTERVENTION An ancillary action Commenced by a

Presupposes that plaintiff has no interest in the subject matter Proper in any of these four situations: A person having (a) Legal interest in the matter in litigation of the action or has interest therein in whole or in part which is or (b) interest in the success of either of the parties, or (c) interest against both, or (d) is so not disputed by the other parties. situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof (Rule 19 Section 1) Defendants are being sued precisely to interplead them. parties to the pending suits. Defendants are original

Section 63 DECLARATORY RELIEF

1. What is a declaratory relief? A petition for declaratory relief is restorted to, to test the validity of tax ordinances where there is no tax due yet, or the constitutionality of an ordinance before it is breached. 2. Who may file a petition for declaratory relief? 1. If the subject matter is a deed, will, contract or other written instrument, the petition is the person interested in the same. Those who may sue under the contract should be those with interest under the contract like the parties, the3 assignees, and the heirs as required by substantive law. 2. If it be statute, executive order, regulation or ordinance, the petitioner is one whose rights are affected by the same. 3. The other parties are all person who have or claim any interest which would be affected by the declaration. The rights of persons not made parties to the action do not stand to be prejudiced by the declaration. Since their rights are not to be prejudiced by their non-inclusion, the failure to implead such persons does not therefore, affect the jurisdiction of the court over the petition. 4. Where the action involves the validity of a local government ordinance, the corresponding prosecution or attorney of the local government unit involvede shall be similarly notified and entitled to be heard. If such ordinance is alleged to be unconstitutional, the Solicitor General shall also be notified and entitled to be heard. Purpose of the petition for declaratory relief 1. To secure an authoritative statement of the rights and obligations of the parties under a contract or a statute for their guidance in the enforcement or compliance with the same. The purpose of the petition is to seek for a judicial interpretation of an instrument or for a judicial

declaration of a persons rights under a statute and not to ask for affirmative reflief like injunction, damages or any other relief beyond the purpose of the petition as declared under the rules. It is not brought to settle issues arising from a breach because after the breach of the contrast or statute, the petition can no longer be brought. 2. The question raised is a question of "construction" or "validity" arising under an instrument or statute. The object is to terminate uncertainties in an instrument or statute and the judgment of the court cannot extend beyond a declaration of the rights and duties of the parties tot he action and cannot provide corrective reliefs. 3. Because of the absence of allegations seeking material or affirmative reliefs in a petition for declaratory relief, it has been held that when the main case is for declaratory relief, a third-party complaint is inconceivable. A petition for declaratory relief may entertain a compulsory counterclaim as long as it is based on or arising from the same transaction, subject-matter of the petition. 4. Since the objective of the petition is merely an interpretation of a deed or a contract or for a definitive pronouncement or rights under a particular law, rule or order, there is nothing to execute in the judgment of the court the way judgments in ordinary civil actions are executed. This is because the judgment in a declaratory relief is confined either to an interpretation of a deed or a declaration whether or nor the petitioner has or does not have rights under the law. As a general principle therefore, the judgment in a declaratory relief is said to stand by itself and no executory process follows as of course. It is unlike the judgment in an ordinary civil action which is coercive in character and enforced by execution. Essential Requisites for the petition for declaratory relief a. There must be a justiciable controversy; b. The controversy must be between persons whose interests are adverse; c. The party seeking the relief must have a legal interest in the controversy; and d. That the issue is ripe for judicial determination. NOTE: A special civil action for declaratory relief may be brought only before the breach or violation of the Statute or instrument. Question: What happens if during the pendency of the action, a breach or violation of the Statute or instrument occurs? Answer: The action is not to be dismissed but may be converted into an ordinary action and the parties shall be allowed to file such pleadings as may be necessary or proper. 3. Which court has jurisdiction over a special civil action for declaratory relief? Section 1 of Rule 63 is explicit. The action should be brought "in the appropriate Regional Trial Court." 4. Who shall be made parties to and be notified in a petition for declaratory relief? Section 2; Rule 63 - All persons who have or claim any interest which would be affected by the declaration shall be made parties; and no declaration shall, except as otherwise provided in these Rules, prejudice the Rights of persons not parties to the action. 5. May a counterclaim be set up in a petition for declaratory relief? A petition for declaratory relief may entertain a compulsory counterclaim as long as it is based on or arising from the same transaction,m subject matter of the petition.

SECTION 2. PARTIES 1. Person (a) who is interested under a deed, will, contract, or other written instrument; OR (b) whose rights will be affected by a statute, executive order or regulation, ordinance or other government regulation. 2. All persons who have or claim any interest which would be affected by the declaration. A declaration shall not, EXCEPT as otherwise provided in the Rules, prejudice the rights of persons not parties to the action. Purpose of Section 2: Failure to join all the necessary parties would deprive the declaration of that final and pacifying function the action for declaratory relief is calculated to subserve as they would not be bound by the declaration that may raise the identical issue. Non-joinder of necessary parties is not a jurisdictional defect but may be a ground for dismissal under Section 5. NOTE: A notary public who is not a party to the contract is not entitled to file declaratory relief. None of his rights or duties thereunder need be declared. SECTION 3. NOTICE ON SOLICITOR GENERAL In any action which involves the validity of a statute, executive order or regulation, or any other governmental regulation, the Solicitor general shall be notified by the party assailing the same shall be entitled to be heard upon such question. Section 4. LOCAL GOVERNMENT ORDINANCES If the action involves the validity of a local government ordinance, hte corresponding prosecutor of the local governmental unit involved hall be notified and heard. If such ordinance is alleged to be unconstitutional, the Solicitor General shall also be notified and hear. Section 5. COURT ACTION DISCRETIONARY Court has discretion to refuse, to grant declaratory relief when: 1. The decision will not terminate the controversy or uncertainty giving rise to the action; or 2. The declaration or construction is not necessary and proper under the circumstances. This provision does NOT apply in actions falling under the 2nd paragraph of Section 1 (Section 5) NOTE: Judgment in declaratory relief is said to stand by itself and no executory process follows as of course. SECTION 6. CONVERSION INTO ORDINARY ACTION When is Conversion Proper: If before the final termination of the case, a breach or violation of the instrument or statute occurs, then the same may be converted into an ordinary civil action. ---If there has been a breach of statute BEFORE the filing of the action, the remedy of declaratory relief CANNOT be availed of.

---The law does not require that there shall be an actual pending case. It is sufficient that there is a breach of the law, an actionable violation to bar a complaint for declaratory relief. When an action for Declaratory Relief will not lie: 1. Action to obtain judicial declaration of citizenship. 2. Action to establish illegitimate filiation and actions to determine hereditary rights; 3. Where the terms of the assailed ordinances are not ambiguous or of doubtful meaning; 4. The subject of the action is a court decision. 5. Action to resolve a political question or issue; 6. Those determinative of the issues rather than a construction of definite status, rights and relations. 7. Where the contract or statute on which action is based has been breached; 8. Action is merely to seek advisory opinion from the court on a moot question. 9. When the petition is based on the happening of a contingent event. 10. When petitioner is not the real party-in-interest; 11. Where administrative remedies have not yet been exhausted. NOTES: --- A third party complaint is inconceivable when the main case is one for nothing more than a declaratory relief. In a third party complaint, the defendant or third party plaintiff is supposed to seek contribution, indemnity, subrogation or any other relief from the third party defendant in respect to the claim of the plaintiff against him. --- However, the court can GRANT SUCH OTHER AFFIRMATIVE RELIEF as may be warranted by the evidence if the complaint is sufficient to make out a cse for specific performance or recovery of property with claims for damages and the defendants did not raise such issue in the trial court to challenge the remedy availed of. --- Compulsory counterclaim based on or arising from the same transaction, deed, or contract on which the petition is based may be filed and entertained in declaratory proceedings because there is nothing in the nature of Declaratory Relief that proscribes the filing of counterclaims and the Rules on Ordinary Civil Action apply to Special Civil Action suppletorily.

Rule 64 REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT 1. What is the mode by which a judgment or final order or resolution of the COMELEC and COA may be reviewed? A party aggrieved by the judgment, final order or resolution of the COMELEC or COA may file a petition for certiorari. The petition must anchor the petition, or jurisdictional grounds, i.e., that the Commission concerned committed a grave abuse of discretion or acted in excess of jurisdiction in a manner amounting to lack of jurisdiction. 2. What court do you file it? Supreme Court- Rule 64, Section 2 of Rules of Court. 3. Where shall a decision of the Civil Service Commission be appealed?

The judgment of CSC cannot be assailed by a petition for certiorari to the Supreme Court but by appeal. This appeal shall be taken by filing a verified petition for review to the Court of Appeals in accordance with Rule 43 of the Rules of Court. 4. Within what period should the aggrieved party file a petition to the Supreme Court from a decision of COMELEC or COA? The petition for certiorari referred to in Rule 64 shall be filed within thirty (30) days from notice of the judgment, final order or resolution of the COMELEC and the COA sought to be reviewed. 5. Within that time should the petition be filed if the Motion for Reconsideration is denied? If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. General Rule: Failure to file a motion for reconsideration before the issuing forum results in the dismissal of the petition. Exceptions: 1. To prevent a miscarriage of justice. 2. When the issue involves the principle of social justice or the protection of labor. 3. The decision or resolution is a nullity; 4. Need for relief is extremely urgent and certiorari is the only adequate remedy. 6. What is the effect of filing of the petition? The filing of motion for new trial or motion for reconsideration of a judgment shall interrupt the period for the filing of the petition for certiorari.

SECTION 4. DOCKET AND OTHER LAWFUL FEES Upon the filing of the petition, the petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of P500.00 for costs. SECTION 5. FORM AND CONTENTS OF PETITION 1. Verified petition in 18 copies 2. Aggrieved party/ies as petitioner/s while Commission concerned and person interested in sustaining judgment shall be respondents. 3. Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable. 4. The petition sahll state the specific material dates showing that it was filed on time. 5. It shall be accompanied by a sworn certification against forum shopping. 6. There must be proof of service of its copy on the Commission and adverse party and of payment of docket and lawful fees. 7. State the facts; present the issues; set forth the grounds relied upon and brief arguments; pray for judgment annulling or modifying the questioned judgment, f inal order or resolution. 8. A clearly legible duplicate original or certified true copy of the judgment, final order or resolution, together with certified true copies of such material portions of the record and other documents relevant and pertinent thereto.

--- The FAILURE OF PETITIONER TO COMPLY with ANY of the requirements mentioned in this section shall be a ground for the DISMISSAL of the petition. SECTION 6. ORDER TO COMMENT If the Court finds out that the petition is sufficient in form and substance, it shall order respondents to file their comments within 10 days from notice thereof. Otherwise, the Court may dismiss the petition outright. The Court may also dismiss the petition if it was filed (a) manifestly for delay, or (b) the questions raised are too unsubstantial to warrant further proceedings. The order to comment under Section 6 in case the Supreme Court finds the petition sufficient in form and substance is equivalent to summons in ordinary civil action. However, the defendant who did not file his comment CANNOT BE DECLARED IN FAULT. SECTION 7. COMMENTS OF RESPONDENTS 1. Eighteen (18) copies shall contain plain copies of all documents attached to the original. 2. The original must be accompanied by certified true copies of material portions of the record as reffered to therein together with other supporting papers. 3. No other pleading may be filed by any party unless required or allowed by the court. SECTION 9. SUBMISSION FOR DECISION The case shall be deemed submitted for decision upon filing of the comments on the petition or other pleadings or papers, as amy be required or allowed or the expiration of the period to do so. RULE 64 RULE 65 Directed only to the judgments, final orders, or resolution of the COMELEC and the COA Directed to any tribunal, board, or officer exercising judicial or quasijudicial functions. Must be filed within 30 days from notice of the judgment or resolution. Must be filed within 60 dqays from notice of the judgment or resolution. If MR is denied, the aggrieved party may file the petition within the remaining period but If MR is denied, the aggrieved party will have another 60 days counted which shall not be less than 5 days. from the notice of the denial within which to file petition.