INTERPLEADER

INTERPLEADER (Rule 62)

An interpleader is a special civil action filed by

a person against whom two conflicting claims
are made upon the same subject matter and
over which he claims no interest, to compel
the claimants to interplead and to litigate their
conflicting claims among themselves (Sec. 1,
Rule 62, Rules of Court).

An action of interpleader should be filed within a reasonable

time after a dispute has arisen without waiting to be sued by
either of the contending claimants. Otherwise, it may be barred
by laches or undue delay. This is because after the judgment is
obtained against the plaintiff by one claimant, he is already
liable to the latter (Wack Wack Golf & Country Club, Inc. vs.
Won, G.R. No. L-23851, March 26, 1976).
 Interpleader v. Intervention

Interpleader is an original action while Intervention is an ancillary action;

Interpleader is commenced by the filing of a complaint, it being an original action,

while an Intervention is commenced by a motion for leave to intervene filed in a pending case attaching
thereto the pleading-in-intervention;

Interpleader presupposes that the plaintiff has no interest in the subject matter of the action or has an
interest which is not disputed
while in Intervention intervenor has a legal interest in the subject matter or in the success of either or
both the defendant;

Interpleader the defendants are being sued precisely to implead them

while in Intervention, the defendants are already original parties to the pending suit (Riano, Civil
Procedure, vol. 2, 2016, p. 137).
 Jurisdiction over Interpleader actions

When the subject matter is a personal property

RTC – when the value of the personal property exceeds

P300,000 outside Metro Manila or P400,000 within Metro
Manila

MTC – when the value of the personal property does not

exceed P300,000 outside Metro Manila or P400,000 within
Metro Manila

When the subject matter is a real property:

RTC – when the assessed value of the real property exceeds

P20,000 outside Metro Manila or P50,000 within Metro Manila

MTC – when the assessed value of the real property does not
exceed P20,000 outside Metro Manila or P50,000 within Metro
Manila
 Venue in Interpleader

When the subject matter is a personal property – Venue lies with the residence of the plaintiff or
the residence of the defendant at the election of the plaintiff.

When the subject matter is a real property – Venue lies where the property is located or any
portion thereof is situated.

Section 2. Order. — Upon the filing of the complaint, the court shall issue an order requiring the
conflicting claimants to interplead with one another. If the interests of justice so require, the court may
direct in such order that the subject matter be paid or delivered to the court. (2a, R63)
Section 3. Summons. — Summons shall be served upon the conflicting claimants, together with a
copy of the complaint and order. (3, R63)
Section 4. Motion to dismiss. — Within the time for filing an answer, each claimant may file a motion
to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds
specified in Rule 16. The period to file the answer shall be tolled and if the motion is denied, the
movant may file his answer within the remaining period, but which shall not be less than five (5) days
in any event, reckoned from notice of denial. (n)
Section 5. Answer and other pleadings. — Each claimant shall file his answer setting forth his claim
within fifteen (15) days from service of the summons upon him, serving a copy thereof upon each of
the other conflicting claimants who may file their reply thereto as provided by these Rules. If any
claimant fails to plead within the time herein fixed, the court may, on motion, declare him in default
and thereafter render judgment barring him from any claim in respect to the subject matter.
The parties in an interpleader action may file counterclaims, cross-claims, third-party complaints and
responsive pleadings thereto, as provided by these Rules. (4a, R63)

The Rules would not have allowed claimants in interpleader cases to be declared in default if it would
ironically defeat the very purpose of the suit (Lui Enterprises v. Zuelig Pharma Corp. G.R. No.
193494, March 12, 2014)

Section 6. Determination. — After the pleadings of the conflicting claimants have been filed, and pre-
trial has been conducted in accordance with the Rules, the court shall proceed to determine their
respective rights and adjudicate their several claims. (5a, R63)
Section 7. Docket and other lawful fees, costs and litigation expenses as liens. — The docket and
other lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and
litigation expenses, shall constitute a lien or change upon the subject matter of the action, unless the