SPECIAL CIVIL ACTIONS 7.

While ordinary civil actions when filed are denominated as

“complaints”, some special civil actions are not denominated as such
NATURE: Special civil actions are governed by specific rules. but “petitions”.
ORDINARY CIVIL ACTION VS SPECIAL CIVIL ACTIONS:
SPECIAL CIVIL ACTIONS IN THE RULES OF COURT:
1. Both ordinary and special civil actions are governed by the rules for  Interpleader (Rule 62);
ordinary civil actions however there are certain rules that are applicable  Declaratory relief other than similar remedies (Rule 63);
only to special civil actions. (Sec. 3(a) Rule 1)  Review of adjudication of the COMELEC and COA (Rule 64);
 Certiorari, prohibition and mandamus (Rule 65);
2. An ordinary civil action must be based on a cause of action. (Section  Quo warranto (Rule 66);
1, Rule 2) The cause of action defined and required of an ordinary civil  Expropriation (Rule 67);
action does not apply to special civil actions of declaratory relief such  Foreclosure of real estate mortgage (Rule 68);
as interpleader.  Partition (Rule 69);
 Forcible entry and unlawful detainer (Rule 70); and
3. Ordinary civil actions may be filed initially in either the MTC of the  Contempt (Rule 71).
RTC depending upon the jurisdictional amount or the nature of the
action involved. On the other hand, there are special civil actions which HOW SPECIAL CIVIL ACTIONS ARE INITIATED OR
can only be filed in an MTC like actions for forcible entry and unlawful COMMENCED:
detainer. There are also special civil actions which cannot be
commenced in the MTC which are petitions for certiorari, prohibition (a) Special civil actions initiated by filing of a Petition:
and mandamus.  Declaratory relief other than similar remedies;
 Review of adjudication of the COMELEC and COA;
4. The venue in ordinary civil actions is determined by either the  Certiorari, prohibition and mandamus;
residence of the parties or by the location of the property where the  Quo warranto; and
action is real. The dichotomy does not apply to special civil action.  Contempt
5. As a rule, pleadings in ordinary civil actions need not be verified
except when otherwise provided by the rules. On the other hand, (b) Special civil actions initiated by filing of a Complaint:
certain special civil action have to be verified, as a rule.  Interpleader;
 Expropriation;
6. In ordinary civil actions, if the defendant fails to answer within the  Foreclosure of real estate mortgage;
time allowed, the court upon motion of the plaintiff may be declared in  Partition; and
default. In special civil actions, while the rule on default may apply,  Forcible entry and unlawful detainer.
failure on default does not apply to forcible entry or unlawful detainer
since the court may motu proprio or upon motion shall render COURT WITH JURISDICTION OVER SPECIAL CIVIL
judgment as may be warranted by the facts. ACTIONS:

1. Unlawful Detainer and Forcible entry- MTC

2. Real actions based on the assessed value of the property- MTC or
RTC REQUISITES FOR AN INTERPLEADER:
3. Certiorari, prohibition and mandamus if petition relates to the act
1. There must be two or more claimants with adverse or conflicting
or omission of a MTC, corporation, board, officer or person- RTC.
interests upon a subject matter;
2. The conflicting claims involve the same subject matter;
 However, it may also be filed with CA or Sandiganbayan
3. The conflicting claims are made against the same person (the
whether or not the same is in aid of the court’s appellate
jurisdiction. plaintiff);
4. The plaintiff has no claim upon the subject matter oof the adverse
claims or if he gas an interest at all, such interest is not disputed by the
 If it involves an act or omission of a quasi-judicial agency, as a
claimants. (Sec. 1 Rule 62)
rule it shall be cognizable by CA unless otherwise provided.
COURT WITH JURISDICTION:
 In election cases involving act or omission of a municipal or 1. Personal property;
regional trial court- COMELEC
 not more than 300k outside Metro Manila- MTC
 not more than 400k within Metro Manila- METC
4. Quo warranto- SC, RTC or CA
5. Interpleader depending on the subject matter or the amount of
2. If real property
property- RTC or MTC
 not more tha 20k outside Metro Manila- MTC
6. Expropriation- RTC
 not more than 50k within Metro Manila- METC
 However, a review of judgments of final orders or resolutions of
the COA and COMELEC may be brought only by certiorari 3. Incapable of pecuniary estimation- RTC
under Rule 65.
HOW COMMENCED:
7. Indirect contempt- RTC  It is commenced upon filing of a complaint.

INTERPLEADER (RULE 62) INTERPLEADER VS INTERVENTION

Interpleader is a special civil action filed by a person against whom two INTERPLEADER INTERVENTION
conflicting claims are made upon the same subject matter and over Special civil action, independent Ancillary and depends upon the
which he claims no interest, to compel the claimants to interplead and and original existence of a pending action
to litigate their conflicting claims among themselves (Sec. 1 Rule 62).
Commenced by filing a complaint Upon motion for leave to intervene
Interpleader is a person who has property in his possession or an Filed by a person who has no Filed by a person who has a legal
obligation to render, wholly or partially without claiming any right interest in the subject matter interest upon the subject matter
therein, or an interest in which in whole or in part is not disputed by
Defendants are brought in the suit Defendants are already parties
the claimants, comes to court and asks that the persons who consider because they are sued and because of the original action
themselves entitled to demand compliance with the obligation be impleaded
required to litigate among themselves in order to determine finally who
is entitled to the same.
SUMMONS: OTHER PLEADINGS:
 The parties to an interpleader may file counterclaims,
 Summons shall be served upon the conflicting claimants crossclaims, third-party complaints and responsive pleadings.
together with the copy of complaint and the order. NOTE: Pre-trial shall be conducted in an interpleader action.

PAYMENT OF DOCKET FEES: LIEN; ADJUDICATION;

 After the pleadings of the conflicting claimants have been filed;
 The person who files the complaint pays the docket and other  The pre-trial has been conducted (Sec. 6 Rule 62)
lawful fees. However, those fees shall constitute a lien or charge
upon the subject matter of the action, unless the court shall
order otherwise. (Sec. 7 Rule 62)

MOTION TO DISMISS:
 Each claimant may file a motion to dismiss on the ground of:
 improprietary of the interpleader action;
 other grounds specified in Rule 16. (Sec. 4 Rule 62)

EFFECT OF THE FILING OF A MOTION TO DISMISS ON THE

PERIOD TO ANSWER:
 The period to file an answer is interrupted or tolled.

ANSWER:
 Each claimant may file his/her answer within fifteen (15) days
from service of summons upon him serving a copy thereof of the
other claimant.

DEFAULT:
 If the claimant fails to plead within the time fixed, the court, on
motion, may declare him/her in default and thereafter render
judgment barring him/her from any claim in respect to the
subject matter. (Sec. 5 Rule 62)

 The Court cannot declare a claimant in default motu proprio. It

needs a motion.