INTERPLEADER – RULE 62

Filing of the complaint + Payment of the docket, other lawful fees,

costs, and litigation expenses -
By the person (complainant) against whom conflicting claims are or may be
made. The fees and expenses paid shall constitute a lien or charge upon the
subject matter of the action unless otherwise ordered by the court.

Court order requiring the conflicting claimants to interplead with one

another - If the interests of justice so require, the court may direct that the
subject matter be paid or delivered to the court.

Service upon the conflicting claimants -

(1) Summons
(2) Copy of complaint
(3) Court order to interplead and/or pay or deliver

Filing of answer by each claimant - within 15
days from service of the summons upon him.
Serving a copy of answer upon each of the other
conflicting claimants.
Reply – may be filed by the claimants
If claimant fails to file answer within 15
days from service of the summons - the
court may on motion:
(a) declare him in default and
(b) render judgment barring him from any
claim in respect to the subject matter.

Within the time for filing an answer, each claimant may file a motion to dismiss –
Grounds:
(1) impropriety of the interpleader action, or
(2) other appropriate grounds specified in Rule 16

The period to file the answer shall be interrupted.

If motion to dismiss is denied – an answer may be filed within the remaining period - in no
case less than 5 days (reckoned from notice of denial)

Parties may file –

(1) Counterclaims
(2) Cross-claims
(3) Third-party complaints and
(4) Responsive pleadings thereto.

Pre-trial

After pleadings of conflicting claimants have been filed and pre-trial conducted - Court
shall determine conflicting claimants’ respective rights and adjudicate their several claims
REVIEW OF JUDGMENTS AND FINAL
ORDERS OR RESOLUTION OF THE
COMELEC AND COA – RULE 64

File a petition for review

WHEN
(1) Within 30 days from notice of judgment/final
order/resolution sought to be reviewed
(2) Filing of motion for reconsideration/new trial with ORDER TO COMMENT
Constitutional commission interrupts the 30-day
period. If the SC finds the petition sufficient in form and
(3) If motion is denied - aggrieved party may file petition substance - it shall order the respondents to file their
within remaining period, which shall not be less comments on the petition within 10 days from notice
than 5 days from notice of denial. thereof.

Form of petition for review

Grounds for dismissal –
Verified and accompanied by (annexes) -
1) clearly legible duplicate original or certified true copy 1) Petition not sufficient in form and substance
of the subject judgment, etc. 2) Petition was filed manifestly for delay
2) certified true copies of such material portions of 3) The questions raised are too unsubstantial to
the record referred to in the petition warrant further proceedings.
3) other documents relevant and pertinent to the
petition
4) proof of service of a copy of the petition on the
Commission and the adverse party
5) proof of the timely payment of the docket and
other lawful fees in one original (properly marked)
and 4 copies

Unless the case is referred to the Court En Banc, in which

event, the parties shall file 10 additional copies.
(containing plain copies of all documents attached to the
original copy of the petition)
COMMENTS OF RESPONDENTS

Requirements –

1) original copy with certified true copies of material

portions of the record as are referred to in the
comment and certified true copies of other
supporting papers
Parties to cases before the Supreme Court are further
2) one original (properly marked) and 4 copies
required, on voluntary basis for the first six months following
the effectivity of this Rule and compulsorily afterwards
Unless the case is referred to the Court En Banc, in which
unless the period is extended, to submit, simultaneously with
event, the parties shall file 10 additional copies.
their court-bound papers, soft copies of the same and their
annexes (the latter in PDF format) either by email to the (containing plain copies of all documents attached to the
original copy of the petition)
Court’s e-mail address or by compact disc (CD). This
requirement is in preparation for the eventual establishment
of an e-filing paperless system in the judiciary. [Efficient
Use of Paper Rule, Section 5]

CONTENTS
1) name of aggrieved party (petitioner)
2) respondents: Commission concerned and person(s) DECISION
interested in sustaining the judgment a quo
3) facts Case is deemed submitted for decision upon:
4) issues involved 1) Filing of the comments on the petition, and such other
5) grounds and brief arguments relied upon for review pleadings or papers as may be required or allowed.
6) prayer for judgment annulling or modifying the 2) Expiration of the period to file the pleadings.
question judgment, etc.
7) material dates showing that it was filed on time Exceptions: SC sets the case for oral argument or requires
8) certification against non-forum shopping parties to submit memoranda.

Failure to comply with foregoing requirements shall be

sufficient ground for dismissal.
Findings of fact of the Commission supported by
substantial evidence shall be final and non-reviewable.