SPECIAL CIVIL ACTIONS (RULES 62-71)

Interpleader (Rule 62) – A person who has property in his possession or an

obligation to render, wholly or partially without claiming any right therein, or
an interest in which in whole or in part is not disputed by the claimants,
comes to court and asks that the persons who consider themselves entitled
to demand compliance with the obligation be required to litigate among
themselves in order to determine finally who is entitled to the same.

Declaratory Relief and Similar Remedies (Rule 63) – An action brought

for the reformation of an instrument, to quiet title to real property or remove
clouds therefrom, or to consolidate ownership.

To register his title to real property bought with a right of redemption, the
buyer must file an action for declaratory relief. cf Art. 1607 and 1616 NCC

Art. 1607. In case of real property, the consolidation of ownership in the

vendee by virtue of the failure of the vendor to comply with the provisions of
article 1616 shall not be recorded in the Registry of Property without a
judicial order, after the vendor has been duly heard. (n)

Art. 1616. The vendor cannot avail himself of the right of repurchase without
returning to the vendee the price of the sale, and in addition:
(1) The expenses of the contract, and any other legitimate payments made
by reason of the sale;
(2) The necessary and useful expenses made on the thing sold.

Grounds for the court to refuse to exercise declaratory relief

1. a decision would not terminate the uncertainty or controversy
which gave rise to the action;
2. the declaration or construction is not necessary and proper
under the circumstances.

Certiorari, Prohibition and Mandamus (Rule 65)

without jurisdiction – no jurisdiction from the beginning; absolute want of
jurisdiction
in excess of jurisdiction – transcended the limits of authority without any
statutory authority
grave abuse of discretion – exercised its power in an arbitrary or despotic
manner by reason of passion or personal hostilities; so patent and gross as
to amount to an evasion or virtual refusal to perform the duty enjoined or to
act in contemplation of law

Purposes of a writ of
Certiorari – to correct errors of jurisdiction; refers to only to judicial or quasi-
judicial functions
Prohibition – to prevent respondent from usurping a jurisdiction which it is
not legally vested; refers to judicial, quasi-judicial, or ministerial functions
Mandamus – to require or compel the respondent to perform a particular
duty, which duty results from the official station of the respondent, or from
operation of law; refers only to ministerial duties

Certiorari Prohibition Mandamus

Directed against a personDirected against a personDirected against a person
exercising to judicial orexercising judicial orexercising ministerial
quasi-judicial functions quasi-judicial functions,duties
or ministerial functions
Object is to correct Object is to prevent Object is to compel
Purpose is to annul orPurpose is to stop thePurpose is to compel
modify the proceedings proceedings performance of the act
required and to collect
damages
Person or entity mustPerson or entity mustPerson must have
have acted without or inhave acted without or inneglected a ministerial
excessof jurisdiction, orexcessof jurisdiction, orduty or excluded another
with grave abuse ofwith grave abuse offrom a right or office
discretion discretion

Prohibition Injunction
Always the main action May be the main action or just a
provisional remedy
Directed against a court, a tribunalDirected against a party
exercising judicial or quasi-judicial
functions
Ground must be the court actedDoes not involve a question of
without or in excess of jurisdiction jurisdiction

Prohibition Mandamus
To prevent an act by a respondent To compen an act desired
May be directed against entitiesMay be directed against judicial and
exercising judicial or quasi-judicial, ornon-judicial entities
ministerial functions
Extends to discretionary functions Extends only to ministerial functions

Mandamus Quo warranto

Clarifies legal duties, not legal titles Clarifies who has legal title to the
office, or franchise
Respondent, without claiming anyRespondent usurps the office
right to the office, excludes the
petitioner

Certiorari as a Mode of Appeal Certiorari as a Special Civil Action

(Rule 45) (Rule 65)
only questions of law may be raised question of whether the lower court
acted without or in excess of
jurisdiction or with grave abuse of
discretion
involves review of judgments, awards, may be directed against an
or final orders interlocutory order of the court or
where not appeal or plain or speedy
remedy available in the ordinary
course of law
filed within 15 days from notice of the filed within 60 days from notice of the
judgment or final order or resolution judgment, order or resolution
appealed from, or of the denial of the
petitioner’s MNT or MfR; the SC may
for justifiable reasons grant an
extension of 30 days
stays execution of the judgment, Execution is not stayed unless a TRO
award or order appealed from or a writ of PI has been issued
lower courts or judges thereof are not the lower court or judge is impleaded
impleaded as a public respondent
Prior MfR not required MfR is a condition precedent, subject
to exceptions
appellate jurisdiction is invoked original jurisdiction is invoked; SC
exercises its power of control and
supervision over proceedings of the
lower court
de Leon: Exension of 30 days may be de Leon: Extension of 15 days may be
granted for justifiable reasons granted for compelling reasons
de Leon: Filed with only the SC de Leon: May be filed in all courts of
general jurisdiction
de Leon: SC may deny the decision
motu propio

Grounds for the court to motu propio dismiss the special civil action
for CPM
1. patently without merit
2. prosecuted manifestly for delay, or
3. the questions raised therein are too unsubstantial to require
consideration.
Quo Warranto (Rule 66)

Quo Warranto – a demand made by the state upon some individual or

corporation to show by what right they exercise some franchise or privilege
appertaining to the State which according to the Constitution or the laws of
the land, they can not legally exercise by virtue of a grant or authority from
the State

Quo Warranto Mandamus

Remedy to try an office or franchiseTo clear legal duties, not disputed
and to oust the holder from enjoyment titles
There is usurpation or intrusion intoRespondent need not claim right to an
an office by the respondent office but excludes petitioner
therefrom

Quo Warranto Election Contest

Disputes relates to the eligibility of theDispute refers to irregularities in the
candidate elect conduct of election
Respondent ousted but petitionerSuccessful protestant wil assume office
does not always assume office if he had plurality of valid votes

Quo Warranto in Elective Offices Quo Warranto in Appointive

Offices
Issue is eligibility of the respondent Issue is the validity of the appointment
Petitioner does not seek replacePetitioner seeks to replace repondent
respondent

Forcible Entry and Unlawful Detainer (Rule 70)

General procedure in ejectment cases
1. Verified complaint filed with the MTC within 1 year from
unlawful deprivation or withholding of possession
2. Answer within 10 days from receipt of summons
3. Preliminary conference within 30 days from answer
4. Court issues preliminary conference order with 5 days.
5. Parties submit affidavits of witnesses, other evidences and
position papers within 10 days from receipt of preliminary conference
order
6. Court renders judgment within 30 days from receipt of
affidavits and position papers.

Prohibited pleadings and motions

1. Motion to dismiss the complaint except on the ground of lack of
jurisdiction over the subject matter, or failure to comply with section 12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a judgment, or for reopening
of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other
paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints;
12. Interventions