Professional Documents
Culture Documents
Remlawnotes
Remlawnotes
Interpleader: has property in his possession but is not claiming any right and is disputed by
others. files a suit against those claiming rights so that two parties would litigate.
not a suit against plaintiff or defendant but rather a suit against the defendants like defendant
against co-defendants prolly)
Example provided: A is no longer contesting ownership but A doesnt know who between D and
E owns the property. It now goes to file interpleader with D and E as defendants. D and E will
litigate in court to know who the property should be delivered to.
declaratory relief and similar remedies is rule 63. The purpose is to interpret the intent of authors.
It must be a deed must be a deed,will,contract, or other written instrument that needs
interpretation
The court will declare rights and duties of petitioner. No actual breach in this case but needs
clarification regarding the instrument.
sample: A bought property from C. when title was delivered, there was annotation that D has
right of redemption (D can redeem subject to the right of redemption). Not very clear why D has
right of redemption on property so A can file case for declaratory relief.
To know whether A or D has better right or maybe if right of redemption does not state time
periods such as until when D can redeem. So, court will check whether D can still exercise the
redemption.
Requisites:
1. a contract etc. written instrument or regulation or ordinance which the court may adjudicate
2. doubtful or cloud in terms or validity of contract or documents
3. no breach of document. the moment breach exists, it is no longer for declaratory relief but now
an ordinary civil action. doubts will now be discussed there.
~Here prayer to SC is to command the respondent (any tribunal, corp, court, or person whether
exercising judicial, quasi-judicial or administrative function) to desist from further proceedings
specified therein
MANDAMUS
Mandamus is still rule 65. Mandamus is praying in requiring [the respondent] to act.
(kabaliktaran ng prohibition/opposite of prohibition).
-Filed within 60 days from notice of judgement. This means, 60 days from denied motion for
reconsideration.