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SPECIAL CIVIL ACTIONS

The period to file a petition for certiorari under
Rule 64 is 30 days, non-extendable.
Rule 62: INTERPLEADER
If there was an MR/MNT and it was denied?
If there is an MR or MNT and denied, you get
1. Conflicting claims on the same subject the period remaining which will always be at
matter least 5 days (“partial fresh period”)
2. Made against a person who:
Claims no interest over it OR Compare with Rule 65: For Rule 65, you
An interest which is not disputed by the always get the full 60 days period even
claimants after denial of MR/MNT.

Verified: Yes
CNFS: Yes
PROCEDURE:
PROCEDURE:
Action for Interpleader  Court issues ORDER
requiring parties to interplead  Summons to Filing petition  Service of copy to the
parties  Motion to Dismiss (Answer if Adverse Party and Commission  If SC finds
Denied) the petition sufficient in form and substance, it
orders respondents to file Comment within 10
Jurisdiction: days from notice

Rule 63: DECLARATORY RELIEF AND SC may dismiss the petition outright if:
SIMILAR REMEDIES 1. It is not sufficient in form or
substance
2. It was filed manifestly for delay
1. Subject matter is a deed, will, 3. Questions raised are too
contract, or other written unsubstantial to warrant further
instrument, statute, EO, or proceedings
regulation
2. The terms of the documents are Rule 65 petition does NOT stay execution of
doubtful and require judicial judgment unless the SC directs otherwise
construction
3. There must have been no breach of Jurisdiction:
the documents in question
Malana: Reiterates that declaratory relief
presupposes no actual breach. An action for
declaratory relief must be dismissed if there is Rule 65: PETITION FOR CERTIORARI,
a pending action for unlawful detainer. MANDAMUS, AND PROHIBITION
4. Actual justiciable controversy
5. Ripe for judicial determination 1. GADALEJ
6. Adequate relief is not available 2. No plain, available, speedy ordinary
remedy
Purpose is for interpretation and determination
of validity. It’s not about constitutionality. Certiorari – whose decision can you question?
Judicial or QJA
Jurisdiction: RTC Prohibition – whose decision can you
question?
Other similar remedies covered by par. 2: Judicial, QJA, or ministerial
1. Removal of cloud How does mandamus differ from prohibition?
2. Quieting of title Limited to ministerial functions.
3. Reformation of instrument Here, you are requiring him to perform.

Verified and CNFS? Yes.

Rule 64: REVIEW OF JUDGMENTS
Period: 60 days from notice of judgment,
AND FINAL ORDERS OF order, or resolution
COMELEC/COA
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If MR or MNT is denied? Count 60 days from 1. Usurpation of public office, position, or

denial of the motion (real fresh period rule) franchise
2. Public officer who does or suffers an
Compare with Rule 64: In Rule 64, only the act constituting ground to forfeit office
remaining period not less than 5 days would 3. Association acting as a corporation but
remain. not duly incorporated.

Jurisdiction: Venue:

PROCEDURE: 1. RTC where respondent resides

2. CA
File petition  If sufficient in form and 3. SC
substance, issue an order requiring
respondent/s to comment on the petition Special Rule: If it is the Sol-Gen who institutes
within 10 days  Comment filed  Court may the action, it can be filed in the RTCs of the City
hear the case or require submission of of Manila
memoranda  OR it may dismiss the Period to institute an action for quo
petition if it is found to be: warranto? One year from happening of the
1. Patently without merit event (usurpation)
2. B. prosecuted manifestly for delay
3. C. Questions raised are too Period to recover damages from a quo
unsubstantial to require consideration warranto judgment? One year from entry of
judgment entitling petitioner to the position.
Rule if the petition is filed before the CA or SC:
Before giving due course, it can require the If there is a dispute between and among the
respondents to file their comment to the Board of Directors of a private corporation, one
petition and, if it wants to, a reply from the group claiming that they have been usurped, is
petitioner. Can the respondent file a motion to the proper remedy quo warranto? NO. This is
dismiss instead? NO. an intra-corporate dispute to be filed in the
regular courts (RTC) having original jurisdiction.
Rule 66: QUO WARRANTO
Rule 67: EXPROPRIATION
Who commences?
Generally commenced by the government.
Who can expropriate?
1. President, directing the Sol-Gen
2. Sol-Gen, in the name of the 1. National government
government, when he has good reason 2. LGU
to believe 3. Instrumentality of government
3. Upon the relation of another
person, telling the Sol-Gen to institute Requisites before an LGU can exercise
the action eminent domain?

Special requirement if it is upon the relation 1. Public use, public purpose, public
of another person? Approval by the court. If welfare
not approved by the court, the Sol-Gen will not 2. Ordinance by local legislative body
file. Also, the Solicitor General will require the authorizing local chief executive to
other person to file indemnity for exercise eminent domain
expenses/costs of the action to the court. The 3. Just compensation
respondent will also be given prior notice and 4. Valid and definite offer previously
the chance to be heard prior to the court giving made to owner but not accepted
approval for the filing.
What must be alleged in the expropriation
4. The person instituting quo warranto in complaint?
his own behalf must show that he is
entitled to the office in dispute. Must 1. Right and purpose of expropriation
show: His claim and that he is entitled 2. Description of the property sought to
to the office. be expropriated

When can you file it?

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3. Names of persons owning or

claiming to own it, or possessing it, or
having interest over it

Verified? Yes!

Can a complaint for expropriation be

withdrawn? YES! As long as there’s no
judgment yet. If may Order of
expropriation na, then No!!

What if Defendant has objections? He files

and serves an answer within the time
stated in the summons, stating his
objections.

Can there be a counter-claim, cross-claim, or

third party complaint? NO!

Can there be amendments to the answer filed?

Generally no, but in the interest of
justice, the court may allow an
extension of not more than 10 days.