Rule 62
Interpleader
1. What is interpleader?
The action of interpleader is a remedy whereby a person who has personal property in his
possession or an obligation to render wholly or partially, without claiming any right in both
comes to court and asks that the persons who claim the said personal property or who
considered themselves entitled to demand compliance with the obligations be required to
litigate among themselves, in order to determine finally who is entitled to one or the other
thing.
2. What court has jurisdiction over a complaint for interpleader?
The RTC and MTC or MeTC depending on the assessed value of the property, personal and real,
involved.
3. Interpleader vs. Intervention
Interpleader Intervention
1. An original action. It is commenced by An ancillary action. It is commenced by filing
filing a complaint. a motion to intervene at any time before
rendition of judgment by the trial court.
2. The plaintiff-in-interpleader claims no Those who can intervene are as follows: (a)
interest whatever on the subject who has legal interest in the matter of
matter or an interest which in whole litigation, or (b) in the success of either or
or in part is not disputed by the both parties, or (c) an interest against both.
claimants. (d) is so situated as to be adversely affected
by a distribution or other disposition of
property in the custody of the court or of an
offer thereof.
3. The claimants-in-interpleader are The defendants are original parties to the
being sued to compel them to pending suits
interplead and litigate their several
claims among themselves.
4. Period to file answer is fifteen (15) Period to file answer to the complaint-in-
days from service of summons upon intervention is fifteen (15) calendar days
him from notice of the order admitting the same
unless a different period is fixed by court.
5. Filed before the RTC, MTC, or MeTC Filed where the original action is pending
6. The remedy is to appeal the judgment The remedy in case of denial of intervention
is to appeal the denial being a final order or
file a separate action
7. The claimants failure to plead within The failure to plead within the time allowed,
the time fixed, the court may, on the court shall, upon motion of the claiming
motion declare him in default and party with notice and proof of such failure
thereafter render judgment barring declare the party against whom the
him from any claim in respect of the complaint-in-intervention was filed in default
subject matter. and thereafter render judgment granting the
relief as the pleading may warrant unless the
court in its discretion requires the claimant to
submit evidence.
Rule 63
Declaratory Relief and Other Similar Remedies
4. What is declaratory relief?
A special civil action for declaratory relief is filed for a judicial determination of any question of
construction or validity arising from, and for a declaration of rights and duties, under any of the
following subject matters: a deed, will, contract or other written instrument, statute, executive
order or regulation, ordinance, or any other governmental regulation. However, a declaratory
judgment may issue only if there has been “no breach of the documents in question.” If the
contract or statute subject matter of the action has already been breached, the appropriate
ordinary civil action must be filed. If adequate relief is available through another form of action
or proceeding, the other action must be preferred over an action for declaratory relief. (City of
Lapu-Lapu v. PEZA, G.R. No. 187583, November 26, 2014)
5. What court has jurisdiction over petition for declaratory relief?
The court with jurisdiction over petitions for declaratory relief is the Regional Trial Court, the
subject matter of litigation in an action for declaratory relief being incapable of pecuniary
estimation. (City of Lapu-Lapu v. PEZA, G.R. No. 187583, November 26, 2014)
6. What is the purpose of an action for declaratory relief?
In Martelino v. National Home Mortgage Finance Corporation, we held that the purpose of the
action is to secure an authoritative statement of the rights and obligations of the parties under
a statute, deed, contract, etc., for their guidance in its enforcement or compliance and not to
settle issues arising from its alleged breach. It may be entertained only before the breach or
violation of the statute, deed, contract, etc. to which it refers. Where the law or contract has
already been contravened prior to the filing of an action for declaratory relief, the court can no
longer assume jurisdiction over the action. Under such circumstances, inasmuch as a cause of
action has already accrued in favor of one or the other party, there is nothing more for the
court to explain or clarify, short of a judgment or final order. (Quisumbing v. Garcia G.R. No.
175527, December 8, 2008)
7. What are the requisites of an action for declaratory relief?
The requisites of an action for declaratory relief are:
1) the subject matter of the controversy must be a deed, contract or other written instrument,
statute, an executive order or regulation, or an ordinance;
2) the terms of said documents and the validity thereof are doubtful and require judicial
construction;
3) there must have been no breach of the documents in question;
4) there must be an actual justiciable controversy or the "ripening seeds" of one between
persons whose interests are adverse;
5) the issue must be ripe for judicial determination; and
6) the adequate relief is not available through other means or other forms of action or
proceeding. (Salazar v. COMELEC, G.R. No. 194830, January 18, 2011)
8. In an action for declaratory relief, what is the effect of the absence of a justiciable
controversy?
A perusal of private respondents’ petition for declaratory relief would show that they have
failed to demonstrate how they are left to sustain or are in immediate danger to sustain some
direct injury as a result of the enforcement of the assailed provisions of RA 9372. Not far
removed from the factual milieu in the Southern Hemisphere cases, private respondents only
assert general interests as citizens, and taxpayers and infractions which the government could
prospectively commit if the enforcement of the said law would remain untrammeled. As their
petition would disclose, private respondents’ fear of prosecution was solely based on remarks
of certain government officials which were addressed to the general public. 40 They, however,
failed to show how these remarks tended towards any prosecutorial or governmental action
geared towards the implementation of RA 9372 against them. In other words, there was no
particular, real or imminent threat to any of them. As held in Southern Hemisphere:
Without any justiciable controversy, the petitions have become pleas for declaratory relief,
over which the Court has no original jurisdiction. Then again, declaratory actions characterized
by "double contingency," where both the activity the petitioners intend to undertake and the
anticipated reaction to it of a public official are merely theorized, lie beyond judicial review for
lack of ripeness. (Republic of the Philippines v. Roque, G.R. No. 204603, September 24, 2013)
9. Can court orders or decisions be subject matter of declaratory relief?
Court orders or decisions cannot be the subject matter of declaratory relief. 10 They are not
included within the purview of the words "other written instrument." 11 The same principle
applies to orders, resolutions, or decisions of quasi-judicial bodies. The fundamental rationale
for this is the principle of res judicata.12 Parties are not permitted to litigate the same issue
more than once. Judgment rendered by a court or a quasi-judicial body is conclusive on the
parties subject only to appellate authority. The losing party cannot modify or escape the effects
of judgment under the guise of an action for declaratory relief.
Another reason why judicial or quasi-judicial orders or decisions cannot be the subject matter
of declaratory relief is the doctrine of judicial stability or noninterference. Courts and tribunals
with the same or equal authority - even those exercising concurrent and coordinate jurisdiction
are not permitted to interfere with each other's respective cases, much less their orders or
judgments.13 This is an elementary principle of higher importance essential to the orderly
administration of justice.14 Its observance is not required on the grounds of judicial comity and
courtesy alone; it is enforced to prevent unseemly, expensive, and dangerous conflicts of
jurisdiction and of processes. (DILG v. Gatuz, G.R. No. 191176, October 14, 2015)
Rule 69
Partition
10. What is partition?
In general, it is the separation, division, and assignment of a thing held in common among those
to whom it may belong.
11. What are the kinds of partition?
a. Judicial partition – this partition is found under Rule 69. Note that even if the parties had
resorted to judicial partition, they may still make an amicable partition.
b. Extrajudicial – no court intervention required. The right to an extrajudicial partition is
recognized under Section 12 or Rule 69.
12. Who are the indispensable parties in a action for partition?
All co-owners are indispensable parties. Creditors or assignees of co-owners may intervene and
object to a partition effected without their concurrence. But they cannot impugn a partition
already executed unless: (a) there has been fraud; or (b) in case it weas made notwithstanding
a formal opposition presented to prevent it. However, the right to intervene is not absolute
and the intervenor must show a legitimate and proper interest in the subject property. (De
Borja v. Jugo, G.R. No. L-45297)
13. When partition can be made?
General Rule:
Any of the co-owners of the undivided property may demand partition. It can be made anytime
and the right to demand partition is imprescriptible.
Exception:
a. If the co-owner asserts adverse title to the property in which case the period of
prescription runs from such time of assertion of the adverse title;
b. There is an agreement among the co-owners to keep the property undivided for a
certain period but not exceeding ten (10) years; (Article 494 of the Civil Code)
c. Partition is prohibited by the donor or testator for a period not exceeding twenty (20)
years; (Article 494 and 1083 of the Civil Code)
d. When the property is not subject to a physical division and to do so would render the
thing unserviceable for the use to which it is intended; and (Article 495 of the Civil
Code).
e. When the condition imposed upon the voluntary heirs before they can demand partition
has not yet been fulfilled. (Article 1084 of the Civil Code).
14. Which court has jurisdiction over an action for partition?
RTC or MTC. Venue depends on whether the property is real or personal property.
15. Applicability of partition in cases of succession
a. Intestate succession – partition is the proper remedy for compulsory or legal heirs to get
their legitime or share of the inheritance (Tirso D. Montesoro v. CA, G.R. No. 105608, April 30,
2008)
Testate Succession – there can be no valid partition among the heirs until after the will has
been probated (Union Bank of the Philippines vs. Santibañez, G.R. No. 149926, Feb. 23, 2005)
