The Greenhorn Philosopher

Remedial Law Reviewer: Special Civil Actions

Elmer Brabante

9 years ago
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SPECIAL CIVIL ACTIONS (RULES 62-71)

Interpleader (Rule 62) – A person who has property in his possession or an obligation to
render, wholly or partially without claiming any right therein, or an interest in which in whole
or in part is not disputed by the claimants, comes to court and asks that the persons 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 same.

Declaratory Relief and Similar Remedies (Rule 63) – An action brought for the
reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to
consolidate ownership.

To register his title to real property bought with a right of redemption, the buyer must file an
action for declaratory relief. cf Art. 1607 and 1616 NCC

Art. 1607. In case of real property, the consolidation of ownership in the vendee by virtue of
the failure of the vendor to comply with the provisions of article 1616 shall not be recorded
in the Registry of Property without a judicial order, after the vendor has been duly heard. (n)

Art. 1616. The vendor cannot avail himself of the right of repurchase without returning to the
vendee the price of the sale, and in addition:

(1) The expenses of the contract, and any other legitimate payments made by reason of the
sale;

(2) The necessary and useful expenses made on the thing sold.

Grounds for the court to refuse to exercise declaratory relief

1. a decision would not terminate the uncertainty or controversy which gave rise to the action;
2. the declaration or construction is not necessary and proper under the circumstances.

Certiorari, Prohibition and Mandamus (Rule 65)

without jurisdiction – no jurisdiction from the beginning; absolute want of jurisdiction
in excess of jurisdiction – transcended the limits of authority without any statutory authority

grave abuse of discretion – exercised its power in an arbitrary or despotic manner by reason
of passion or personal hostilities; so patent and gross as to amount to an evasion or virtual
refusal to perform the duty enjoined or to act in contemplation of law

Purposes of a writ of
Certiorari – to correct errors of jurisdiction; refers to only to judicial or quasi-judicial
functions

Prohibition – to prevent respondent from usurping a jurisdiction which it is not legally vested;
refers to judicial, quasi-judicial, or ministerial functions

Mandamus – to require or compel the respondent to perform a particular duty, which duty
results from the official station of the respondent, or from operation of law; refers only to
ministerial duties

Certiorari Prohibition Mandamus

Directed against a person Directed against a person Directed against a person

exercising to judicial or quasi- exercising judicial or quasi-judicial exercising ministerial duties
judicial functions functions, or ministerial functions

Object is to correct Object is to prevent Object is to compel

Purpose is to annul or modify the Purpose is to stop the proceedings Purpose is to compel performance
proceedings of the act required and to collect
damages

Person or entity must have Person or entity must have Person must have neglected a
acted without or in excess of acted without or in excess of ministerial duty or excluded
jurisdiction, or with grave abuse of jurisdiction, or with grave abuse of another from a right or office
discretion discretion

Prohibition Injunction

Always the main action May be the main action or just a provisional remedy

Directed against a court, a tribunal exercising judicial Directed against a party

or quasi-judicial functions
Ground must be the court acted without or in excess Does not involve a question of jurisdiction
of jurisdiction

Prohibition Mandamus

To prevent an act by a respondent To compen an act desired

May be directed against entities exercising judicial May be directed against judicial and non-judicial
or quasi-judicial, or ministerial functions entities

Extends to discretionary functions Extends only to ministerial functions

Mandamus Quo warranto

Clarifies legal duties, not legal titles Clarifies who has legal title to the office, or
franchise

Respondent, without claiming any right to the Respondent usurps the office
office, excludes the petitioner

Certiorari as a Mode of Appeal (Rule 45) Certiorari as a Special Civil Action (Rule
65)

only questions of law may be raised question of whether the lower court acted
without or in excess of jurisdiction or with
grave abuse of discretion

involves review of judgments, awards, or final may be directed against an interlocutory order
orders of the court or where not appeal or plain or
speedy remedy available in the ordinary course
of law

filed within 15 days from notice of the filed within 60 days from notice of the
judgment or final order or resolution appealed judgment, order or resolution
from, or of the denial of the petitioner’s MNT
or MfR; the SC may for justifiable reasons
grant an extension of 30 days

stays execution of the judgment, award or Execution is not stayed unless a TRO or a writ of PI
order appealed from has been issued
 lower courts or judges thereof are not the lower court or judge is impleaded as a
impleaded public respondent

Prior MfR not required MfR is a condition precedent, subject to

exceptions

appellate jurisdiction is invoked original jurisdiction is invoked; SC exercises

its power of control and supervision over
proceedings of the lower court

de Leon: Exension of 30 days may be granted de Leon: Extension of 15 days may be granted
for justifiable reasons for compelling reasons

de Leon: Filed with only the SC de Leon: May be filed in all courts of general
jurisdiction

de Leon: SC may deny the decision motu propio

Grounds for the court to motu propiodismiss the special civil action for CPM

1. patently without merit

2. prosecuted manifestly for delay, or
3. the questions raised therein are too unsubstantial to require consideration.

Quo Warranto (Rule 66)

Quo Warranto – a demand made by the state upon some individual or corporation to show by
what right they exercise some franchise or privilege appertaining to the State which according
to the Constitution or the laws of the land, they can not legally exercise by virtue of a grant
or authority from the State

Quo Warranto Mandamus

Remedy to try an office or franchise and to oust the To clear legal duties, not disputed titles
holder from enjoyment

There is usurpation or intrusion into an office by Respondent need not claim right to an office but
the respondent excludes petitioner therefrom
 Quo Warranto Election Contest

Disputes relates to the eligibility of the candidate Dispute refers to irregularities in the conduct of
elect election

Respondent ousted but petitioner does not always Successful protestant wil assume office if he had
assume office plurality of valid votes

Quo Warranto in Elective Offices Quo Warranto in Appointive Offices

Issue is eligibility of the respondent Issue is the validity of the appointment

Petitioner does not seek replace respondent Petitioner seeks to replace repondent

Forcible Entry and Unlawful Detainer (Rule 70)

General procedure in ejectment cases

1. Verified complaint filed with the MTC within 1 year from unlawful deprivation or withholding of
possession
2. Answer within 10 days from receipt of summons
3. Preliminary conference within 30 days from answer
4. Court issues preliminary conference order with 5 days.
5. Parties submit affidavits of witnesses, other evidences and position papers within 10 days from
receipt of preliminary conference order
6. Court renders judgment within 30 days from receipt of affidavits and position papers.

Prohibited pleadings and motions

1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the
subject matter, or failure to comply with section 12;

2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;

4. Petition for relief from judgment;

5. Motion for extension of time to file pleadings, affidavits or any other paper;

6. Memoranda;

7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
 8. Motion to declare the defendant in default;

9. Dilatory motions for postponement;

10. Reply;

11. Third-party complaints;

12. Interventions

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Categories: Remedial Law, Reviewers

Tags: Remedial Law, Special Civil Actions

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