INTERPLEADER

Q: What is an interpleader?

2. Grounds specified under Rule 16 of the Rules of Court

A: It 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). Q: What are the requisites in order that the remedy of interpleader may be availed of? A: 1. Plaintiff claims no interest in the subject matter or his claim is not disputed 2. Two or more claimants asserting conflicting claims 3. The subject matter must be one and the same 4. Person in possession or obliged files a complaint. 5. The parties to be interpleaded must make effective claims. 6. Payment of docket and other lawful fees. Note: Upon filing of complaint, the court shall issue an order requiring conflicting claimants to interplead. (Sec. 2, Rule 62)

Q: What are the other allowed pleadings in an interpleader? A: (Sec. 5, Rule 62) 1. Counterclaim 2. Cross-claim 3. Third-party complaints 4. Responsive pleadings

DECLARATORY RELIEF SIMILAR REMEDIES

Q: What is a declaratory relief?

AND

A: A special civil action brought by a person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, executive order or regulation, ordinance or any other governmental regulation, before breach or violation thereof, asking the court to determine any question of construction or validity arising, and for a declaration of his rights or duties thereunder. Q: What is the purpose of an action for declaratory relief? A: 1. To determine any question of construction or validity or constitutionality of an instrument, ordinance or regulation 2. Declaration of rights and duties thereunder

Q: What are the grounds for filing a motion to dismiss? A: (Sec. 4, Rule 62) 1. Impropriety of the interpleader action

Q: Who may file an action for declaratory relief? A: Any person: 1. Interested under a deed, will, contract or other written instrument 2. Whose rights are affected by a statute, executive order or regulation, ordinance or any other governmental regulation.

VII.

The controversy is between persons whose interests are adverse;

Q: To whom shall notices be given? A: 1) Solicitor general if subject matter involves: a. Validity of statute, executive order, regulation or governmental regulation b. Constitutionality of government ordinance local

Q: What are the requisites of an action for declaratory relief? A: I. Filing of Petition before there is a breach or violation Subject matter is a deed, will, contract, written instrument, statute, executive order, regulation or ordinance Note: The enumeration of the subject matter is exclusive, hence, an action not based on any of the enumerated subject matters cannot be the proper subject of declaratory relief. (Riano, Civil Procedure: A Restatement for the Bar, p. 613, 2009 ed.) There is justiciable controversy Issue is ripe for judicial determination (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005), i.e. litigation is imminent and inevitable (Tolentino v. Board of Accountancy, G.R. No. L-3062, September 28, 1951) Adequate relief is not available through other means or other forms of action or proceedings (Ollada v. Central Bank, G.R. No. L-11357, May 31, 1962)

2) Prosecutor or attorney of the local government unit if subject matter involves validity of local government unit

II.

Q: When may a court refuse to make a judicial declaration? A: Court may motupropio or upon motion refuse based on the following grounds: 1) A decision will not terminate the uncertainty or controversy which gave rise to the action 2) Declaration or construction is not necessary and proper under the circumstances Note: Discretion to refuse does not extend to actions for reformation of an instrument quiet title or remove clouds or to consolidated ownership in a pacto de retro sale. (Regalado, Remedial Law Compendium, Vol. I, p. 769, 2005 ed.

III.

IV. V.

VI.

Q: What are the instances wherein a declaratory relief is unavailable? A: 1) To obtain citizenship; judicial declaration of

3) Consolidation of ownership (Art. 1607, Civil Code)

2) To establish illegitimate filiation and determine hereditary rights; 3) The subject of the action is a court decision; 4) Actions to resolve political questions; 5) Those determinative of the issues rather than a construction of definite status, rights and relations; 6) Terms of assailed ordinances are not ambiguous or of doubtful meaning; 7) In a petition to seek relief from a moot and academic question; 8) Where the contract or statute on which action is based has been breached; 9) When the petition is based on the happening of a contingent event; 10) When the petitioner is not the real party in interest; and 11) Where the administrative remedies have not yet been exhausted.

RULE 64: REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT Q: What are basic requirements for the petition? A: The following basic requirements must be complied with: 1) The petition shall be verified and filed in 18 copies; 2) Accompanied by clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of documents relevant and pertinent to the petition; 3) The aggrieved party is named as the petitioner and shall join as respondent the commission concerned and all the persons interested in sustaining the judgment, final order or resolution. 4) The petition shall state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review; 5) Petition shall state the specific material dates showing that it was filed within the period fixed by the Rules. 6) The petition shall be accompanied by proof of service of a copy thereof on the commission involved and on the adverse party, and of the timely payment of docket and other lawful fees (Sec. 5, Rule 64)

Q: What are the similar reliefs referred to under Rule 63? A: 1) Reformation of an instrument 2) Quiet title to real property or to remove clouds

7) Certification against non forum shopping 8) Petition shall pray for a judgment annulling or modifying the questioned judgment, final order or resolution. 9) Note: The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition (Sec. 5, Rule 64). Q: What are the requisites for a review under Rule 64? A: 1) Filing of verified petition within 30days from notice of the judgment, final orders or resolutions (Sec. 3, Rule 64) Note: Interlocutory orders must be assailed under Rule 65, not Rule 64 2) Payment of docket and other lawful fees (Sec. 4, Rule 64)

a. Duplicate original or certified true copy of assailed judgment, final order or resolution b. Certified true copy of material records of the case 4) Statement of material dates 5) Sworn certification against forum shopping 6) Proof of service Q: What are the grounds for the outright dismissal of the petition? A: (Sec. 6, Rule 64) 1) Petition is not sufficient in form and substance (Sec. 5, Rule 64) 2) Petition was filed for purpose of delay 3) Issue is unsubstantial

certiorari
Q: What is certiorari? A: A writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi-judicial functions whereby the record of a particular case is ordered to be elevated for review and correction in matters of law. Note: An original action for certiorari, prohibition, and mandamus is an independent action. As such, it does not interrupt the course of the principal. Note: A petition for certiorari must be based on jurisdictional grounds because as long as the respondent acted with jurisdiction, any error committed by him or it in the exercise thereof will amount to nothing more than an error of judgment which may be reviewed or corrected by appeal (Microsoft Corp. vs. Best Deal Computer Center Corp., GR 148029, Sept. 24, 2002; Estrera vs. CA, GR 154235, Aug. 16, 2006).

Note: The filing of the petition for certiorari does not stay the execution of the assailed judgment, final order or resolution of the Commission unless SC directs otherwise by the issuance of a temporary restraining order or preliminary injunction. (Sec. 8, Rule 64) Q: What are the contents of the petition? A: (Sec. 5, Rule 64) 1) Verified petition filed in 18copies joining as respondents the Commission concerned and person/s interested in sustaining the judgment, final order or resolution a quo 2) Statement of facts, issues, grounds for review, arguments and relief prayed for 3) Attachment of:

Q: Define the following. A: 1) Judicial function is where the tribunal or person has the power to determine what the law is, what the rights of the parties are, and undertakes to determine these questions and adjudicate upon the rights of the parties. 2) Without jurisdiction is where the respondent does not have the legal power to determine the case. 3) Excess of jurisdiction is where the respondent, being clothed with the power to determine the case, oversteps his authority as determined by law. 4) Grave abuse of discretion is where the respondent acts in a capricious, whimsical, arbitrary or despotic manner in the exercise of his judgment as to be said to be equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or personal hostility. 5) Plain, speedy and adequate remedy is one which promptly relieves the petitioner from the injurious effects of the judgment and Q: What are the requisites of a valid certiorari? A: 1. There must be a controversy;

2. Respondent is exercising judicial or quasi-judicial functions; 3. Respondents acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction; and 4. There must be no appeal or other plain, speedy and adequate remedy. (Sec. 1, Rule 65) Note: Certiorari is not the remedy for a loss appeal.

Q: Are the remedies of appeal and certiorari exclusive? A: GR: Where the proper remedy is appeal, the action for certiorari will not be entertained. Certiorari is not a remedy for errors of judgment. Errors of judgment are correctible by appeal; errors of jurisdiction are reviewable by certiorari. XPN: A petition for certiorari may be allowed despite the availability of the remedy of appeal when: 1) Appeal does not constitute a speedy and adequate remedy; 2) Orders were issued either in excess of or without jurisdiction; 3) For certain special considerations as for public policy or public welfare; 4) Order is a patent nullity; 5) Decision in the certiorari case will avoid future litigation; or 6) In criminal actions, the court rejects rebuttal evidence for the prosecution as, in case of acquittal, there could be

no remedy (Regalado, Remedial Law Compendium, Vol. I, p. 783, 2007 ed.). 7) Note: When the remedy by appeal had already been lost due to petitioners own neglect or error in the choice of remedies, certiorari cannot lie. The two remedies are mutually exclusive (Meralco v. CA, G.R. No. 88396, July 4, 1990).

such relief by the trial court is improbable; 8) Proceedings in the lower court are a nullity for lack of due process; 9) Proceedings were ex parte or in which the petitioner had no opportunity to object; and 10) Issue raised is one purely of law or where public interest is involved.

Q: Is it an absolute rule that before recourse to certiorari is taken a motion for reconsideration must be filed? A: GR: Petition for certiorari will not be entertained unless the public respondent has been given first the opportunity through a motion for reconsideration to correct the error being imputed to him. XPNs: A prior motion for reconsideration is not necessary to entertain a petition for certiorari where: 1) Order is a patent nullity, as where the court a quo has no jurisdiction; 2) Questions raised in the certiorari proceedings have been duly raised and 3) passed upon by the lower court, or are the same as those raised and passed upon in the lower court; 4) Urgent necessity for the resolution of the question, and any further delay would prejudice the interests of the Government or of the petitioner, or the subject matter of the action is perishable; 5) Under the circumstances, a motion for reconsideration would be useless; 6) Petitioner was deprived of due process and there is extreme urgency for relief; 7) In a criminal case, relief from an order of arrest is urgent and the granting of

prohibition
Q: What is prohibition? A: A remedy to prevent inferior courts, corporations, boards or persons from usurping or exercising a jurisdiction or power which they have not been vested by law. Note: It is commenced by a verified petition accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping (Sec. 2, Rule 65). Q: What are the requisites of a valid prohibition? A: Sec. 2, Rule 65 1) There must be a controversy 2) Respondent is exercising judicial, quasijudicial functions or ministerial functions 3) Respondents acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction 4) There must be no appeal or other plain, speedy and adequate remedy

mandamus
Q: What is mandamus? A: A writ issued in the name of the State, to an inferior tribunal, corporation, board or person, commanding the performance of an act which the law enjoins as a duty resulting from an office, trust or station. Note: It is commenced by the filing of a verified petition accompanied by certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto and a sworn certification of non-forum shopping (Sec. 3, Rule 65). Q: What are the requisites of a valid mandamus? A: Sec. 3, Rule 65 1) There must be a clear legal right or duty 2) The act to be performed must be within the powers of the respondent to perform; 3) The respondent must be exercising a ministerial duty 4) The duty or act to be performed must be existing (a correlative right will be denied if not performed by the respondent) 5) There is no appeal or other plain, speedy and adequate remedy in the ordinary course of law

QUO WARRANTO
Q: What is quo warranto? A: A proceeding or writ issued by the court to determine the right to use an office, position or franchise and to oust the person holding or exercising such office, position or franchise if his right is unfounded or if a person performed acts considered as grounds for forfeiture of said exercise of position, office or franchise. Note: It is commenced by a verified petition brought in the name of the Republic of the Philippines or in the name of the person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another. (Sec. 1) Q: What are the classifications of quo warranto proceedings? A: 1. Mandatory brought by the Solicitor General or Public prosecutor when: a) directed by the President; b) upon complaint or when he has reason to believe that the cases for quo warranto can be established by proof (Sec. 2) c) at the request and upon the relation if another person (ex relatione), but leave of court must first be obtained. (Sec. 3) 2. Discretionary brought by the Solicitor General or a public prosecutor at the request and upon the relation of another person, provided there must be: a) leave of court b) at the request and upon the relation of another person c) indemnity bond (Sec. 3)

Q: Who commences the action? A: 1) The solicitor general or public prosecutor, when directed by the President of the Philippines, or when upon complaint or otherwise he has good reason to believe that any case specified in the proceding section can be established by proof. (mandatory quo warranto) 2) The Solicitor General or a public prosecutor may, with the permission of court, bring an action at the request and upo n the relation of another person. (discretionary quo warranto) 3) A person claiming to be entitled to a public office or position or unlawfully held or exercised by anoher may also bring action, in his own name Q: Against whom a quo warranto may be filed? A: The action must be filed against: 1) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise; 2) A public officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office; and 3) An association which acts as a corporation within the Philippines without being legally incorporated or without lawful authority so to act (Sec. 1, Rule 66). Note: Actions of quo warranto against corporations now fall under the jurisdiction of the RTC (Sec. 5.2, Securities Regulations Code).

Q: What are the rights of persons adjudged to be entitled to the office? A: if judgment be rendered in favor of the person averred in the complaint to be entitled to the public office, he may, after taking the oath of office and executing any official bond required by law: 1) take upon himself the execution of the office; 2) may immediately thereafter demand all the books and papers in the respondents custody or control appertaining to the office to which the judgment relates; and 3) may bring an action against the respondent to recover damages sustained by such persons by reason of usurpation. Note: when there is a judgment in a quo warranto action finding usurpation to be existent, respondent must be ousted and altogether excluded therefrom, and that the petitioner or relator, as the case may be, recover his cost. Such further judgment may be rendered determining the respective rights in the public office, position, or franchise of all the parties to the action, as justice requires.

EXPROPRIATION
Q: What is expropriation? A: The procedure for enforcing the right of eminent domain. Q: What are the requisites of a valid expropriation? A: 1) Due process of law 2) Payment of just compensation

3) Taking must be for public use Q: What is the power of eminent domain? A: It is the right of the State to acquire private property for public use upon the payment of just compensation. Q: When is expropriation proper? A: It is proper only when the owner refuses to sell or, if the latter agrees, agreement as to the price cannot be reached. MATTERS TO BE ALLEGED IN COMPLAINT FOR EXPROPRIATION Q: Matters to be allege in a complaint for expropriation. A: right and purpose of expropriation, describing the property sought to be expropriated, and joining as defendants all persons owning or claiming to own any part thereof or interest therein (Sec. 1). b. TWO STAGES IN EVERY ACTION FOR EXPROPRIATION Q: What are the two (2) stages in expropriation proceedings? A: 1) Determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of the exercise in the context of the facts involved. 2) Determination of just compensation.