iB SPECIAL CIVIL ACTIONS
RULE 62 Interpleader is a remedy whereby Section 1. When interpleader prop
a person who has property in his p
INTERPLEADER ossession or has an obligation to re
nder wholly or partially, without c
laiming any right in both, comes to
court and asks that the defendants
who have made upon him conflicti
ng claims upon the same property
or who consider themselves entitle
d to demand compliance with the
obligation be required to litigate a
mong themselves in order to deter
mine who is entitled to the propert
y or payment of the obligation. (Be
ltran vs. PHHC, G.R. No. L-25138,
August 28, 1969)
To compel them to interple
er. — Whenever conflicting claims
upon the same subject matter are o
r may be made against a person w
ho claims no interest whatever in t
he subject matter, or an interest wh
ich in whole or in part is not dispu
ted by the claimants, he may bring
an action against the conflicting cla
imants to compel them to interplea
d and litigate their several claims a
mong themselves. (1a, R63)
An action for interpleader should
be filed within a reasonable time
after a dispute has arisen without
waiting to be sued by either of th
e contending claimants. Otherwis
e, he may be barred by laches or u
ndue delay. (Wack-Wack Golf an
d Country Club vs. Won, G.R. No.
L-23851, March 26, 1976)
Procedure:
ad and litigate their several
claims among themselves. (
1a, R63)
The remedy is afforded not
to protect a person against
a double liability but to pr
otect him against a double
vexation in respect of one li
ability. (Beltran vs. PHHC)
1. Filing: A complaint for interpleader is filed by the person against whom the conflicti
ng claims are made. The docket, other lawful fees, costs and other litigation expenses s
hall be paid by the complainant; but these will constitute a lien or charge upon the sub
ject matter of the action, unless the court hold otherwise.
2. Court Order: Upon filing of the complaint, the court shall issue an order requiring t
he conflicting claimants to interplead with one another. If the interests of justice so req
uire, the court may direct that the subject matter be paid or delivered to the court.
3. Summons: Summons shall be served upon the conflicting claimants, together with a
copy of the complaint and order.
4. Motion to Dismiss: Within the time for filing an answer (15 days), each claimant ma
y file a motion to dismiss on the grounds specified in Rule 16 and on the ground of im
propriety of the action for interpleader.
The period to file an answer is interrupted or tolled by the filing of the motion to dism
iss. If the motion is denied, the movant may file his answer within the remaining perio
d to answer, but which shall NOT BE LESS THAN 5 days in any event from the notice
of denial of the motion.
5. Answer: Each claimant shall file his answer within 15 days from service of the sum
mons, serving a copy thereof upon each of the other conflicting claimants, who may fil
e their reply thereto.
If claimant fails to plead within the time herein fixed, the court may, on motion, dec
lare him in default and render judgment barring him from any claim in respect to the s
ubject matter.
6. Other pleadings: The parties may file counterclaims, crossclaims, third-party compl
aints and responsive pleadings thereto.
7. Pre-trial: A pre‐trial will be conducted in accordance with the Rules of Court.
8. Determination: Court shall determine conflicting claimants’ respective rights and ad
judicate their several claims.

A special civil action brought before
RULE 63 the Regional Trial Court by a person
who is interested under a deed, will,
DECLATORY RELIEF AND contract or other written instrument
SIMILAR REMEDIES or whose rights are affected by a stat
ute, executive order or regulation, or
dinance or other governmental regul
ation may before breach or violation t
hereof, bring an action in the RTC to
determine any question of constructi
on or validity arising and for a decla
ration of his rights or duties, thereu
nder (Sec. 1).
The enumeration of the subject matte
r is exclusive. Hence, an action not ba
sed on any of the enumerated subjec
t matters cannot be the proper subje
ct of declaratory relief.
SPECIAL CIVIL ACTIONS
The petition for declaratory relief
should be filed before there occurs
any breach or violation of the deed,
contract, statute, ordinance or
executive order or regulation. (Sec 1,
Rule 63) It will not prosper when
brought after a contract or a statute
has already been breached or
violated.
● An action for declaratory relief is br
ought to secure an authoritative state
ment of the rights and obligations of t
he parties under a contract or a statut
e for their guidance in the enforceme
nt or compliance with the same.
● The purpose of the petition is to ask
the court to determine any question o
f construction or validity arising from
the subject matter, and for the declara
tion of rights and duties therein (Sec.
1, Rule 63, Rules of Court). Thus, the
purpose is to seek for a judicial inter
pretation of an instrument or for a ju
dicial declaration of a person's right
s under a statute and not to ask for a
ffirmative reliefs like injunction, da
mages or any other relief beyond the
purpose of the petition as declared u
nder the Rules. It is not brought to se
ttle issues arising from a breach becau
se after the breach of the contract or st
atute, the petition can no longer be br
ought.
To relieve the litigants of the common
law rule that no declaration of rights
may be judicially adjudged unless a r
ight has been violated and for the viol
ation of which relief may be granted.
 SPECIAL CIVIL ACTIONS

RULE 64 Special civil action governing the Within thirthy(30) days from noti
review of judgments and final or on of judgment or final order or r
REVIEW OF ders or resolutions of the Commi esolution sought to be reviewed.
JUDGMENTS ssion on Elections and the Commi (If motion for reconsideration is d
AND FINAL ssion on Audit by certiorari under enied, the petition must be filed
ORDERS OR within the remaining period, but
Rule 65.- Section 1.
RESOLUTIONS which not be less than 5 days in a
OF THE ny event, from the notice of denia
COMELEC l.)-Section 3.
AND THE COA
 SPECIAL CIVIL ACTIONS

RULE 65 Certiorari is an extraordinary writ annul When no appeal or any other plain To annul or modify a procee Petitioners are required to append to their petition for certiorari a copy of the motion f
ling or modifying the proceedings of a tr , speedy and adequate remedy in t ding and grant such inciden or reconsideration they filed before the respondent court.(Rodson Philippines, Inc., et a
CERTIORARI, ibunal, board or officer exercising judi he ordinary course of law. tal reliefs as law and justice l. Vs. CA, et al., G.R No. 141857, June 9, 2004)
PROHIBITION cial or quasi-judicial functions when su
may require.
AND ch tribunal, board or officer has acted: a) Not later than 60 days from notice
MANDAMUS without or b) in excess of its or his juri of judgment, order or resolution. I
sdiction, or c) with grave abuse of discr
n case a motion for reconsideration
etion amounting to lack or excess of jur
or new trial is timely filed, the 60 d
isdiction, there being no appeal or any o
ays shall be counted from notice of
ther plain, speedy and adequate remedy
the denial of said motion.
in the ordinary course of law.(Sec. 1, Rul
e 65).
No extension of time to file the peti
tion shall be grated except for com
pelling reason and in no case excee
ding 15 days.
Prohibition is a special civil action agai Directed to court itself, commanding it to a jurisdiction to which from the exercise
nst a tribunal,corporation, boad, officer To have respondent desist fr
of a jurisdiction to which it has no legal claim.
,or person exercising juduicial , quasi-j om further proceeding or gr
udicial or ministerial function which is ant such incidental reliefs as
alleged in a verified petition filed by an law and justice may require.
aggrieved party to be acting or about to
act: a) without or b) in excess of its or h
is jurisdiction, or c) with grave abuse o
f discretion amounting to lack or exces
s of jurisdiction, and there is no appeal,
or any other plain, speedy and adequate
remedy in the ordinary course of law (S
ec. 1, Rule 65).

For the respondent to:

Mandamus is a special civil action agai 1. Do the act required
nst a tribunal,corporation, boad, officer and;
,or person exercising ministerial functi 2. Pay damages.
ons who unlawfully neglects the perfo
rmance of an act which the law specific
ally enjoins as a duty resulting from an
office, trust or station, or unlawfully ex
cludes another from the udse and enjo
yment of a right or office to which suc
h is other is entitled.

RULE 66 A special civil action brought by
QUO means of a verified petition in th
WARRANTO e name of the Republic of the Phil
ippines against: (a) a person who
usurps, intrudes into,or unlawfull
y unholds or exercises a public of
fice, position or franchise; or (b) a
public officer who does an act wh
ich constitutes a ground for forfei
ture of his office; or (c) an associat
ion which acts as a corporation w
ithin the Philippines without bei
ng legally incorporated or withou
t lawful authority so to act.( Sectio
n 1, Rule 66)
SPECIAL CIVIL ACTIONS
To determine the legality o Commenced by a verified petition brought in the name of the Republic of the
Must be filed within 1 year from th f a claim which a party asse Philippines by the Solicitor Gen., or in some instances, by a public prosecutor(Secs.
e accrual of the cause of action or t rts to the use or exercise of a 2&3)
he right of the petitioner to hold s
n office or franchise and ou
uch office or position, arose.(Sectio
sts the holder from its enjo
n 11)
yment, if the claim is not w
The pendency of administrative re
medies does not suspend the runni ell founded, or it is the righ
ng of the one-year period. t to enjoy the privilege has
An action for damages in accorda been forfeited or lost.
nce with Section 10 should be com
menced within 1 year after the ent For the court to declare who
ry of the judgment establishing th is entitled to the office.
e petitioner’s right to the office in q
uestion.
OR
Periods for Instituting QW:
1.Against corporations- w/in 5 yrs afte
r act complained was committed.
2.Against public officers/ee for his ous
ter from office- w/in 1 yr from outster
3.Action for damages by persons entitl
ed to office – w/in 1 yr after entry of ju
dgment establishing his right to office
(1) The petition may be commenced b
y a private person in his own name whe
re he claims to be entitled to the public
office or position alleged to have been u
surped or unlawfully held or exercised
by another (Sec. 5). Accordingly, the pri
vate person may maintain the action wit
hout the intervention of the Solicitor Ge
neral and without need for any leave of
court (Navarro vs. Gimenez, 10 Phil. 226
; Cui vs. Cui, 60 Phil. 37). In bringing a
petition for quo warranto, he must sho
w that he has a clear right to the office a
llegedly being held by another (Cuevas
vs. Bacal, 347 SCRA 338). It is not enoug
h that he merely asserts the right to be a
ppointed to the office.
 SPECIAL CIVIL ACTIONS

RULE 67 Expropriation(process) is a By filing of a verified complaint which shall state with certainty the right and purpos
EXPROPRIATION e of expropriation, describe the real or personal property sought to be expropriated, a
n exercise of the State’s po
nd join as defendants all persons owning or claiming to own, or occupying, any part t
wer of eminent domain w hereof or interest therein.- Section 1
herein the government tak
es a private property for p
ublic purpose upon payme
nt of just compensation.
 SPECIAL CIVIL ACTIONS

RULE 68
 SPECIAL CIVIL ACTIONS
RULE 69 General Rule:
PARTITION It can be made anytime and the ri
ght to demand partition is impres
criptible.
Exception: If a co-owner asserts a
dverse title to the property in whi
ch case the period of prescription
runs from such time of assertion o
f adverse title.
To separate divide aand
assign a thing held in
common among those to
whom it may belong.-
Gabila vs. Perez, et al., G.R
No. L-29542, Jan. 27, 1989