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Interpleader

This document discusses the legal concept of interpleader, which allows a party facing conflicting claims over the same subject matter to file a legal action compelling the claimants to litigate the matter between themselves. Key details include: - Interpleader is filed by a party against whom two or more conflicting claims are made regarding the same subject matter, where the filing party claims no interest or only a non-disputed interest. - The requirements for interpleader include two or more adverse claimants making claims regarding the same subject matter against the same party. - The process involves the filing party submitting a complaint, an order compelling the claimants to interplead, summons being served, possible motions to

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50 views3 pages

Interpleader

This document discusses the legal concept of interpleader, which allows a party facing conflicting claims over the same subject matter to file a legal action compelling the claimants to litigate the matter between themselves. Key details include: - Interpleader is filed by a party against whom two or more conflicting claims are made regarding the same subject matter, where the filing party claims no interest or only a non-disputed interest. - The requirements for interpleader include two or more adverse claimants making claims regarding the same subject matter against the same party. - The process involves the filing party submitting a complaint, an order compelling the claimants to interplead, summons being served, possible motions to

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Lean Licawen
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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INTERPLEADER

A. MEANING
• It is filed by a person against whom
• 2 conflicting claims are made upon the SAME subject matter
• And over which he claims NO INTEREST or
• If he has an interest, it is in WHOLE or in PART which is NOT DISPUTED by the claimants
Note: The action is brought against conflicting claimants to COMPEL them to INTERPLEAD and
LITIGATE
their claims among themselves

B. WHO FILES?
• The person who has no interest in the subject matter of the action or
• if he has an interest to it

C. REQUISITES
1. 2 or more claimants w/ adverse or conflicting interests upon a subject matter
2. The conflicting claims involve same subject matter
3. The conflicting claims are made against the same person (plaintiff)
4. The plaintiff has no claim upon the subject matter or if he has an interest, the interest is not
disputed by the claimants

D. WHERE TO FILE?
1. MTC - If the subject matter of the action is personal property, valued at not more than
P300,000.00 outside Metro Manila, and in Metro Manila, at not more than P400,000.00, the
Municipal Trial Court has jurisdiction.
2. RTC - If the subject matter is real property with an assessed value at not more than P20,000.00
outside Metro Manila, and in Metro Manila, at not more than P50,000.00, the Regional Trial Court
has jurisdiction.

E. WHEN TO FILE
An action for interpleader should be filed within a reasonable time after a dispute has arisen without
waiting to be sued by either of the contending claimants. Otherwise, he may be barred by laches or
undue delay.

F. WHEN IS THIS REMEDY NECESSARY


1. It may arise if a person has a property in custody but he has no interest over it. Yet several
persons claim a right to the property.
2. It may arise when one has an obligation to do an act but is confronted w/ conflicting claims as to
the entitlement of benefits from such performance of the obligation.
3. The person upon whom the conflicting claims are made is faced with legal problem in determining
who amount the claimants has the legal right thereto. The remedy is to file an action for
interpleader.
4. As for debtor or lessees regarding the payment of a debt or rentals another, and there exists
conflicting claims as to who has the right to receive such payment there may be 2 remedies:
a. tender of payment + consignation of the amount to the court
b. file for interpleader
5. The remedy is afforded NOT to protect a person against double liability BUT to protect him
against double vexation.
6. An interpleader allows a person to pass the legal problem to the court which will adjudicate the
adverse claims
7. To enable the plaintiff to protect himself from possible lawsuits initiated by any claimants (this
refers to double vexation)
8. If the court orders the claimants to litigate among themselves, there arises new action and the
pleading which initiates the action is called “complaint in interpleader” NOT cross-complaint.

G. HOW IT COMMENCED
By FILING OF A COMPLAINT
• Brought by the person against whom conflicting claims upon the same subject matter are made.
• by the filing of a complaint or original action

H. WHAT HAPPENS IN INTERPLEADER (PROCEDURE)


1. Filing: A complaint for interpleader is filed by the person against whom the conflicting claims are
made. The docket, other lawful fees, costs and other litigation expenses shall be paid by the
complainant; but these will constitute a lien or charge upon the subject matter of the action,
unless the court hold otherwise.
2. Court Order: Upon filing of the complaint, the court shall issue an order requiring the conflicting
claimants to interplead with one another. If the interests of justice so require, the court may direct
that the subject matter be paid or delivered to the court.
3. Summons: Summons shall be served upon the conflicting claimants, together with a copy of the
complaint and order.
4. 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.
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.
5. Answer: Each claimant shall file his answer within 15 days from service of the summons, serving
a copy thereof upon each of the other conflicting claimants, who may file their reply thereto.
If claimant fails to plead within the time herein fixed, the court may, on motion, declare him in
default and render judgment barring him from any claim in respect to the subject matter.
6. Other pleadings: The parties may file counterclaims, crossclaims, third-party complaints and
responsive pleadings thereto.
7. Pre-trial: A pre‐trial will be conducted in accordance with the Rules of Court.
8. Determination: Court shall determine conflicting claimants’ respective rights and adjudicate their
several claims.

I. IF CLAIMING PARTY FAILS TO INTERPLEAD


If so, within the time fixed, the Court may (on motion) declare him in DEFAULT, then render judgment
barring him in any claim in respect to the subject matter
However, the Court CANNOT declare motu propio;
1. Court requires prior motion
2. Declaration of default is not mandatory on the part of the Court

Court CANNOT declare motu propio

J. IS MOTION TO DISMISS ALLOWED? GROUNDS?


YES. Within the time for filing an answer (15 days from service of summons), each claimant may file
a MTD on the ground of:
1. Impropriety of the interpleader action
• Ground for impropriety of the filing of a complaint for interpleader – Special and separate ground
and
not found in Rule 16
• For an interpleader to be proper – Requirements of sec.1 Rule 62 should be complied with (such
as the existence of conflicting claims made by the claimants upon the same subject matter)
2. On other appropriate grounds as provided by Rule 12, (which is already removed in the new
amendment)
• No jurisdiction over the person of the defending party
• Court has no jurisdiction over the subject matter of the claim
• Improper venue
• No legal capacity to sue of plaintiff
• Litis pendentia
• Res judicata
• No cause of action
• Claim or demand has been paid, waived, abandoned, or extinguished
• Unenforceable under the Statute of Frauds
• Condition precedent has not been complied with

K. EFFECT OF THE FILING OF A MOTION TO DISMISS ON THE PERIOD TO ANSWER


The period to file an answer is interrupted or tolled by the
filing of a motion to dismiss.

If motion is DENIED:
• Movant may file his answer within the remaining period to answer
• Shall not be less than 5 days in any event
• Period shall be counted from the notice of denial of the motion
• Same period applicable when a MTD is denied a when a motion for Bill of particulars
under Rule 12 is denied

L. OTHER PLEADING THAT MAY BE FILED


1. Counterclaims
2. Cross-claims
3. Third party complaints
4. Responsive pleadings

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