Special civil action reviewer. Brief discussion on Special Civil Actions. Like interpleader and declaratory reliefs....
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SPECIAL CIVIL ACTIONS | ATTY. MELO 1 RULE 62: INTERPLEADER
INTERPLEADER: 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. REQUISITES: (NETO) 1. The plaintiff claims NO INTEREST in the subject matter or his claim thereto is not disputed; 2. The parties to the interpleader must make EFFECTIVE CLAIMS; 3. There must be at least TWO OR MORE conflicting claimants; and 4. The subject matter must be ONE AND THE SAME. PURPOSE: To protect a person not against double liability but against DOUBLE VEXATION in respect of one’s liability PROCEDURE: 1. FILING: A complaint for interpleader is filed by the person against whom the conflicting claims are made. Docket, other lawful fees, costs and other litigation expenses shall be borne by the complainant; but these will constitute a lien or charge upon the subject matter of the action, unless the court hold otherwise. WHEN TO FILE: within a reasonable time after a dispute has arisen without waiting to be sued by either of the contending claimants. 2. COURT ORDER: Upon filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with one another; the order shall be served upon the conflicting claimants together with the summons and a copy of the complaint; court may include an order directing that the subject matter of the action be paid or delivered to the court. 3. MOTION TO DISMISS: Within the time for filing an answer (15 days), each claimant may file a motion to dismiss on the grounds specified in Rule 16 and on the ground of impropriety of the action for interpleader. 4. The period to file an answer is interrupted or tolled by the filing of the motion to dismiss. If the motion is denied, the movant may file his answer within the remaining period to answer, but which shall NOT BE LESS THAN 5 days in any event from the notice of denial of the motion.
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ANSWER: The answer shall be filed within 15 days from the service of summons upon him; setting forth the claim of the claiming party and shall be served upon each of the conflicting claimants. Non‐answering claimant within the reglementary period will be declared in default and a judgment will be rendered barring him from any claim in respect to the subject matter of the action. REPLY: A reply to the answer may also be filed by each of the conflicting claimants. Other pleadings that may be filed: COUNTERCLAIMS, CROSS‐ CLAIMS, THIRD‐PARTY COMPLAINTS and RESPONSIVE PLEADINGS.
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PRE‐TRIAL: A pre‐trial will be conducted in accordance with the Rules of Court.
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DETERMINATION: After the filing of pleadings and pre‐trial, the court shall proceed to determine their respective rights and adjudicate their several claims. COURT WITH JURISDICTION MTC RTC In Metro Manila Personal property
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