SCA Rule 62 Flashcards
What is a Civil Action?
It is an action by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong (Section 3 (a), Rule 1 of the 1997
Rules of Civil Procedure).
What are the Kinds of Civil Actions?
- Ordinary Civil Action; or
- Special Civil Action
What is a Special Civil Action?
It is a kind of action which is governed by the rules for ordinary civil actions,
subject to specific rules prescribed under Rules 62 to 71 and such as may be
declared by the Supreme Court.
What is the nature of a Special Civil Action?
It is an action which has reference to special matters requiring special
procedure.
What are the provisions of Ordinary Civil Actions which are applicable in
Special Civil Actions?
The following:
1. As a general rule, the rules on venue shall be applicable in SCAs except as
otherwise provided by the particular provisions of the said SCAs;
2. The formal requirements of a pleading provided under Sections 1 to 5 of Rule
7 is applicable in SCAs;
3. The rule on motion to dismiss is applicable in SCAs (National Power
Corporation vs. Valera, G.R. No. L-15295, November 30, 1961);
4. Rule on Pre-trial Conference
Which SCAs may be commenced by complaint?
- Interpleader (Rule 62)
- Expropriation (Rule 67)
- Foreclosure of Mortgage (Rule 68)
- Partition (Rule 69)
- Forcible Entry and Unlawful Detainer (Rule 70)
- Quieting of Title or Removal of Clouds (Rule 63)
Which SCAs may be commenced by way of a petition?
- Declaratory Relief and Other Similar Remedies (Rule 63)
- Certiorari from the judgment or final orders of the COMELEC or COA (Rule 64)
- Quo Warranto (Rule 66)
- Indirect Contempt (Rule 71)
- Writ of Kalikasan (Section 1, Rule 7, Part III, A.M. No. 09-6-08, Rules of Procedure for Environmental Cases)
- Writ of Continuing Mandamus (Section 1, Rule 8, A.M. No. 09-6-08)
ToF. Under Section 5, Rule 2 of the Rules of Court, an ordinary civil action can be joined together with a special civil action.
False
ToF. The SC, CA and RTC have concurrent jurisdiction to issue writs of certiorari,
prohibition, mandamus, quo warranto, habeas corpus and injunction cases.
True
How can the court acquire jurisdiction over the person of the respondent/defendant in SCAs?
A: By the service on him (respondent/defendant) of its order or resolution indicating its
initial action on the petition or by his voluntary submission to such jurisdiction.
What are the actions of the court on the petition?
- Dismiss the petition outright with specific reasons for such dismissal; or
- Require the respondent to file a comment on the same within ten (10) days from notice.
Which SPECIAL CIVIL ACTIONS CAN BE ORIGINALLY FILED WITH THE SC?
The following may be filed originally with the Supreme Court:
- Petition for Certiorari
- Petition for Prohibition
- Petition for Mandamus
- Petition for Quo Warranto
What is an interpleader?
is a remedy whereby a person who has property whether personal or real, in
his possession, or an obligation to render wholly or partially, without claiming any right in both, or claims an interest which in whole or in part is not disputed by the conflicting claimants, comes to court and asks that the persons who claim the property or 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 property or payment of the obligation.
Distinguish between an interpleader and intervention.
- Interpleader is an original action while and intervention is an ancillary action.
- Interpleader presupposes that the plaintiff has no interest in the subject matter of the action or has an interest therein which, in whole or in part, is not disputed by the other parties to the action while an intervention Is proper in any of the four (4) situations mentioned in Rule 19 wherein a third person has a legal interest over the subject matter of the action, or in the success of either or both
of the defendant, or will be greatly affected in the disposition of the property subject of the action. - In an interpleader the defendants are being sued precisely to implead them while in a complaint-in-intervention, the defendants are already original parties to the pending suit.
- An interpleader can be commenced by filing a complaint before the proper court while an Intervention can be availed of by filing a motion with leave of court to file intervention together with the attached pleading in intervention.
- In case of adverse decision in interpleader the remedy of the aggrieved party is to file an appeal while In case of denial of intervention, the aggrieved party may file an appeal or file the claim in a separate action.
- In an interpleader the period to file answer is within fifteen (15) days from service of summons while the period to file answer to the complaint-in-intervention is within fifteen (15) days from notice of the order admitting the intervention.
WHEN IS INTERPLEADER PROPER?
[SECTION 1, RULE 62]
A person may bring an action for interpleader when:
- There are two or more conflicting claimants;
- Plaintiff files the action to compel the conflicting claimants to interplead and
litigate their several claims among themselves; - That the conflicting claims is upon the same subject matter which are or may be
made against a person who claims no interest whatever in the subject matter;
and - An interest which in whole or in part is not disputed by the claimants.
