Special Civil Actions 2000 Edition

Rule 62 - Interpleader

INTERPLEADER
The first Special Civil Action (SCA) is known as the SCA for interpleader. all a!out" The essence of interpleader is found in Section #$ hat is this

Rule 62

Section 1. When interpleader proper. Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. (1a, R !"

%et&s 'o to a pro!le($ )ao is leasin' a !uildin' owned !* +et the lessor. ,ow- +et died (tsk! tsk! tsk!). So )ao does not know to who( should he pa* the (onthl* rentals for the followin' (onth !ecause he onl* knew the lessor. The followin' (onth- +ud* ca(e to )ao and said- From now on, you pay the rentals to me because I am the widow of Jet. I am now the owner of this building. The followin' da*- another wo(an in the na(e of .a*in' ca(e to )ao and said , I am the wife of Jet so from now on you pay the rentals to me. )ao! "aano yun# $ahapon nandiyan si Judy. %iya daw ang widow! .a*in'! &o! 'nong (widow)# 'ko ang widow!! So )ao contacted +ud*- $ahapon according to you ikaw ang widow. *ut there is another woman came here claiming that she is the widow! +ud*$ &o! +on)t belie,e her! I am the widow! ,aloko na/ Sino !an' na'asa!i n' totoo"/ (%ino ba talaga ang black widow in -itser Jet sa kanilang dalawa# "arehong maputi eh#) I will pa* !ut I don&t know to who( should I pa* (* rentals/ I (i'ht pa* to the wron' person. I want to !e sure kun' sino tala'a. 0$ hat should I do" '! 1ou file a SCA a'ainst +ud* and .a*in' under Rule 62 and co(pel the( to prove in court who is the real person entitled to !e paid. 0$ 2efine Interpleader. A$ Interpleader is a special civil action where!* a person who has propert* in his possession or an o!li'ation to render- wholl* or partiall*- without clai(in' an* ri'ht therein- or an interest which in whole or in part is not disputed !* the clai(ants- co(es to court and asks that the person who consider the(selves entitled to de(and co(pliance with the o!li'ation !e re3uired to liti'ate a(on' the(selves in order to deter(ine finall* who is entitled to the sa(e. ('l,are. ,s. /ommonwealth, 01 "hil. 234) So that is the correct procedure. %ike in Section # when conflicting claims upon the same sub5ect matter are or may be made against a person who claims no interest whate,er in the sub5ect matter. So ka*o lan' dalawa an' (a'-aawa* dito. I (a* !rin' an action a'ainst the two of *ou to co(pel *ou to intervene and liti'ate *our clai(s a(on' *ourselves. Actuall*- under A(erican law- the lessee is called the 4stakeholder5- %6-6'6$67, 6 hindi yong %-7'$ na kinakain- - defined as a person entrusted with the custod* of propert* or (one* that is su!6ect of liti'ation on contention !etween rival clai(ants in which the holder has no ri'ht or propert* interest. 'nother problem! Rucel deposited his 'oods to %eo in a contract of deposit and the depositar* issued a ne'otia!le warehouse receipt. %ater on- Ra*da ca(e to %eo clai(in' that she (Ra*da) is now the holder of the warehouse receipt !ecause it has !een indorsed to her. Accordin' to Rucel- &o! 8ala! 8ala! *ecause I ne,er indorsed it and the signature there is falsified9 that the document was stolen from me and therefore :ayda is not the owner! Accordin' to Ra*da- &o! -he receipt has been ,alidly indorsed!

Property of LAKAS ATENISTA

Special Civil Actions 2000 Edition

Rule 62 - Interpleader

,aloko na/ I do not know who is tellin' the truth. If *ou are the warehouse(an and *ou want to !e sure who is reall* entitled to the 'oods in *our custod*- what will *ou do" 'nswer! 7ile an action for Interpleader under Rule 62. That is how this SCA works. 8er* si(ple/ As a (atter of fact I (2ean I.) re(e(!er- I onl* filed this t*pe of case once in !ehalf of two persons clai(in' the sa(e !ank deposit. The deposit was opened !* 9# in his na(e !ut the followin' da* 92 told the !ank- 'ctually, I asked *; to open the deposit in my name. *a)t nyo nilagay sa pangalan niya# 'kin yan! 9ut accordin' to 9#- &o! that is my money! ,ow- can *ou prevent 9# fro( withdrawin'" 9ut actuall*- the !ank is also in dan'er !ecause there is also a warnin' fro( 92: the !ank (i'ht (ake a (istake: and *ou cannot indefinitel* prevent 9# fro( withdrawin'. h* don&t *ou ask 92 to file a case with in6unction to prevent 9# fro( withdrawin'" The trou!le is if 92 will not !other to file an* case. So !ank n'a*on an' (a'-rekla(o. hat will *ou do" Si(ple. The onl* choice is Interpleader. ith that- the court will not allow 9# to withdraw until the case is decided and the* will onl* follow whatever the court sa*s. Si'e- we will su!(it the reco((endation to (* the office. And then in the afternoon there was an answer. Accordin' to our head office *our reco((endation was forwarded to the le'al depart(ent of the head office and the opinion is ! it is not interpleader. ;anun" Ano dapat" hat is the correct re(ed*" ala (an' sina!i. 9ut I asked the(- If I)m wrong, ano ang dapat# <ffice$ <key. 8e will answer by tomorrow. 2ean I.! &o! tama na (tong interpleader. -here is no other remedy. (&aks!!)
Sec. #. $rder. %pon the filing of the complaint, the court shall issue an order re&uiring the conflicting claimants to interplead with one another. 'f the interests of justice so re&uire, the court may direct in such order that the subject matter be paid or delivered to the court. (#a, R !"

A*un/ )aran' si(ilar to cross-clai(s. <nl* the action that I will initiate is interpleader. The court will order the su!6ect (atter to !e delivered !efore the court. So if we are the depositar*- safe na ta*o !ecause the* will 6ust follow court orders.
Sec. !. Summons. Summons shall be served upon the conflicting claimants, together with a copy of the complaint and order. (!, R !" Sec. (. )otion to dismiss. Within the time for filing an answer, each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in Rule 1 . *he period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than five (+" days in any event, rec,oned from notice of denial. (n" Sec. +. -nswer and other pleadings. .ach claimant shall file his answer setting forth his claim within fifteen (1+" days from service of the summons upon him, serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these Rules. 'f any claimant fails to plead within the time herein fi/ed, the court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. *he parties in an interpleader action may file counterclaims, cross0 claims, third0party complaints and responsive pleadings thereto, as provided by these Rules. ((a, R !" Sec. . 1etermination. -fter the pleadings of the conflicting claimants have been filed, and pre0trial has been conducted in accordance with the Rules, the court shall proceed to determine their respective rights and adjudicate their several claims. (+a, R !" Sec. 2. 1oc,et and other lawful fees, costs and litigation e/penses as liens *he doc,et and other lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and litigation e/penses, shall constitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise. ( a, R !"

Property of LAKAS ATENISTA

Special Civil Actions 2000 Edition

Rule 62 - Interpleader

7or e=a(ple ako an' !an'ko no" I have to spend (one* for filin' fees and other ad6udication e=penses. %ater on- whoever wins- the court will allow *ou to deduct such e=penses fro( the deposit. That takes care of the Interpleader. It is not that reall* co(plicated. -o<o-

Property of LAKAS ATENISTA