Rule 62 (1/4) Finals

Question 1

what is interpleader?

Answer 1

sec 1.
Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to
interplead and litigate their several claims among themselves

pov
a sca filed by a person against 2 claimants on a subject matter which the person has no interest or if he does have interest, is not disputed by the claimants

Question 2

Requisites for Interpleader

Answer 2

1. 2 or more claimants w/ adverse or conflicting interest upon a subject matter
2. conflicting claims involve the same subject matter
3. conflicting claims made against the same person
4. plaintiff has no claim upon the subject matter or if he has interest, it is not disputed by the claimants

Question 3

When is interpleader proper?

GR
XPN

Answer 3

GR: an action for Interpleader should be filed w/in reasonable time AFTER a dispute has arisen w/o waiting to be sued by either contending parties otherwise will be barred by Latches

XPN:
in environmental circumstances, where stakeholder acts with reasonable diligence the remedy is not barred

Question 4

What ground [&] When can a party motion to dismiss (MTD) an interpleader?

Answer 4

sec. 4

w/in time for filing an answer, each claimant may file a MTD on the ground of;

• impropriety of the Interpleader action, or
• other appropriate grounds specified in Rule 16

note
1 - requisites not complied with

Question 5

knowledge check: grounds for dismissal on Rule 16

Answer 5

Lack of JD over SM
Litis Pendencia
Res Judicata
Prescription

Question 6

What is the effect of filing a MTD in an Interpleader Action (IA)

What is the effect should the MTD an interpleader action is denied?

Answer 6

[1]
The period to file an answer will be tolled

[2]
if MTD denied, movant may file his answer w/in the remaining period [but] shall not be less than 5 days in any event reckoned from notice of denial

Question 7

when should a claimant file his answer?

Answer 7

15 days from the service of the summons upon

Question 8

LECTURE

Answer 8

LECTURE

Question 9

which court shall be filed the Interpleader

Answer 9

Personal Property - value. If it does not exceed 2million, then in MTC, otherwise RTC

Real Property - value, if it does not exceed 400k, then in MTC, otherwise RTC

Question 10

Is Interpleader not an action without of pecuniary estimation thus always in RTC?

considering the POV of the person filing, his only determination is who is entitled to the subject matter.

Answer 10

But from the POV of those with claims, it is ownership of the property or delivery.

At the end of the day, the action of INterpleader, because of delivery of personal/real proeprty, it is an action with pecuniary estimatino

Question 11

will court issue summons after filing the interpleader?

Answer 11

if sufficient in substance and in form, it will issue summons.

the court may even demand the property should it be capable of manual delivery.

Question 12

ordinarily, filing of MTD is prohibited and what is usual for the parties to file a comment to the petition instead of MTD but in IP, any of the claimants can file for MTD

Question 13

one who filed case of IP claims to be the owner Ter, Gra, and Gal claim ownership of proerty

Ter filed action for IP, of course that is not the proper action. what is the proper action?

Answer 13

Quieting of Title

Question 14

w/in what period of time sohluld the conflict of claimants file their respective answers? 30 days 15 days?

what if the effect of amending rule 11. Sec. 1 rule 11 with the effect of extending the period to filing to 30 days.

Answer 14

It does not follow or affected because it pertains only to Orindary Action

so filing answer of IP remains to be 15 days

Question 15

During trial proper in this IP, the one who filed the case, the applicant will be a mere observer. IOW no actie participation

Question 16

Rule 19 - Intervention

Rule 62 - Interpleader

Answer 16

[19]
- A & B in a dispute involving only the A & B and C joins in (ancillary action)
- just like supplemental pleadings, it requires leave of court
- has interest

rule 15

• filing of complaint immediately
• no interest

Question 17

when do you file complaint-of-intervention or answer-in-intervention?

Answer 17

file a answer-in-intervention with motion to leave of intervene if you want to join in the case to rallly with the defendant & defeat the claim of the plinatiff

Question 18

if Gal has claim agains tGra and Ter

ex. property is erroneously attached or replevin

Answer 18

Motion for INtervention (3rd party remedies)

Question 19

Ter filed Gra claiming poperety in a separate case. Gal claims to be the true owner filed complaints in intervention *(?)

he files moition to intervene naming both of them as defendants.

the def’t are already party to hte main case but that is not the situation in IP