RULE 62

INTERPLEADER
Section 1. When interpleader proper. – Whenever conflicting claims upon the same subject
matter are
or may be made against a person who claims no interest whatever in the subject matter, or an
interest
which in whole or in part is not disputed by the claimants, he may bring an action against the
conflicting
claimants to compel them to interplead and litigate their several claims among themselves.
(1a, R63)
Section 2. Order. – Upon the 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 in such
order that the subject matter be paid or delivered to the court. (2a, R63)
Section 3. Summons. – Summons shall be served upon the conflicting claimants, together
with a copy of
the complaint and order. (3, R63)
Section 4. Motion to dismiss. – Within the time for filing an answer, each claimant may file a
motion to
dismiss on the ground of impropriety of the interpleader action or on other appropriate
grounds specified
in Rule 16. The period to file the answer shall be tolled and if the motion is denied, the
movant may
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176 2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
file his answer within the remaining period, but which shall not be less than five (5) days in
any event,
reckoned from notice of denial. (n)
Section 5. Answer and other pleadings. – Each claimant shall file his answer setting forth his
claim
within fifteen (15) days from service of the summons upon him, serving a copy thereof upon
each of the
other conflicting claimants who may file their reply thereto as provided by these Rules. If any
claimant
fails to plead within the time herein fixed, the court may, on motion, declare him in default
and thereafter
render judgment barring him from any claim in respect to the subject matter.
The parties in an interpleader action may file counterclaims, cross-claims, third-party
complaints
and responsive pleadings thereto, as provided by these Rules. (4a, R63)
Section 6. Determination. – After the pleadings of the conflicting claimants have been filed,
and pre-trial
has been conducted in accordance with the Rules, the court shall proceed to determine their
respective
rights and adjudicate their several claims. (5a, R63)
Section 7. Docket and other lawful fees, costs and litigation expenses as liens. – The docket
and other
lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and
litigation
expenses, shall constitute a lien or charge upon the subject matter of the action, unless the
court shall
order otherwise. (6a, R63)
RULE 63
DECLARATORY RELIEF AND SIMILAR REMEDIES
Section 1. Who may file petition. – Any person interested under a deed, will, contract or other
written
instrument, whose rights are affected by a statute, executive order or regulation, ordinance,
or any other
governmental regulation may, before breach or violation thereof, bring an action in the
appropriate
Regional Trial Court to determine any question of construction or validity arising, and for a
declaration
of his rights or duties, thereunder.
An action for the reformation of an instrument, to quiet title to real property or remove clouds
therefrom, or to consolidate ownership under Article 1607 of the Civil Code, may be brought
under this
Rule. (1a, R64; En Banc Resolution, February 17, 1998.)
Section 2. Parties. – All persons who have or claim any interest which would be affected by
the declaration
shall be made parties; and no declaration shall, except as otherwise provided in these Rules,
prejudice
the rights of persons not parties to the action. (2a, R64)
Section 3. Notice on Solicitor General. – In any action which involves the validity of a statute,
executive
order or regulation, or any other governmental regulation, the Solicitor General shall be
notified by the
party assailing the same and shall be entitled to be heard upon such question. (3a, R64)
Section 4. Local government ordinances. – In any action involving the validity of a local
government
ordinance, the corresponding prosecutor or attorney of the local governmental unit involved
shall be
similarly notified and entitled to be heard. If such ordinance is alleged to be unconstitutional,
the Solicitor
General shall also be notified and entitled to be heard. (4a, R64)
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Section 5. Court action discretionary. – Except in actions falling under the second paragraph
of section
1 of this Rule, the court, motu proprio or upon motion, may refuse to exercise the power to
declare
rights and to construe instruments in any case where a decision would not terminate the
uncertainty or
controversy which gave rise to the action, or in any case where the declaration or
construction is not
necessary and proper under the circumstances. (5a, R64)
Section 6. Conversion into ordinary action. – If before the final termination of the case, a
breach or
violation of an instrument or a statute, executive order or regulation, ordinance, or any other
governmental
regulation should take place, the action may thereupon be converted into an ordinary action,
and the
parties shall be allowed to file such pleadings as may be necessary or proper. (6a, R64)
RULE 64
REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS
OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT
Section 1. Scope. – This Rule shall govern the review of judgments and final orders or
resolutions of the
Commission on Elections and the Commission on Audit. (n)
Section 2. Mode of review. – A judgment or final order or resolution of the Commission on
Elections
and the Commission on Audit may be brought by the aggrieved party to the Supreme Court
on certiorari
under Rule 65, except as hereinafter provided. (n)
Section 3. Time to file petition. – The petition shall be filed within thirty (30) days from notice
of the
judgment or final order or resolution sought to be reviewed. The filing of a motion for new
trial or
reconsideration of said judgment or final order or resolution, if allowed under the procedural
rules of
the Commission concerned, shall interrupt the period herein fixed. If the motion is denied, the
aggrieved
party may file the petition within the remaining period, but which shall not be less than five
(5) days in
any event, reckoned from notice of denial. (n)
Section 4. Docket and other lawful fees. – Upon the filing of the petition, the petitioner shall
pay to the
clerk of court the docket and other lawful fees and deposit the amount of P500.00 for costs.
(n)
Section 5. Form and contents of petition. – The petition shall be verified and filed in eighteen
(18)
legible copies. The petition shall name the aggrieved party as petitioner and shall join as
respondents
the Commission concerned and the person or persons interested in sustaining the judgment,
final order
or resolution a quo. The petition shall state the facts with certainty, present clearly the issues
involved,
set forth the grounds and brief arguments relied upon for review, and pray for judgment
annulling
or modifying the questioned judgment, final order or resolution. Findings of fact of the
Commission
supported by substantial evidence shall be final and non-reviewable.
The petition shall be accompanied by a clearly legible duplicate original or certified true copy
of
the judgment, final order or resolution subject thereof, together with certified true copies of
such material
portions of the record as are referred to therein and other documents relevant and pertinent
thereto. The
requisite number of copies of the petition shall contain plain copies of all documents
attached to the
original copy of said petition.
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The petition shall state the specific material dates showing that it was filed within the period
fixed herein, and shall contain a sworn certification against forum shopping as provided in
the third
paragraph of section 3, Rule 46.
The petition shall further be accompanied by proof of service of a copy thereof on the
Commission
concerned and on the adverse party, and of the timely payment of docket and other lawful
fees.
The failure of petitioner to comply with any of the foregoing requirements shall be sufficient
ground for the dismissal of the petition. (n)
Section 6. Order to comment. – If the Supreme Court finds the petition sufficient in form and
substance,
it shall order the respondents to file their comments on the petition within ten (10) days from
notice
thereof; otherwise, the Court may dismiss the petition outright. The Court may also dismiss
the petition
if it was filed manifestly for delay, or the questions raised are too unsubstantial to warrant
further
proceedings. (n)
Section 7. Comments of respondents. – The comments of the respondents shall be filed in
eighteen (18)
legible copies. The original shall be accompanied by certified true copies of such material
portions of the
record as are referred to therein together with other supporting papers. The requisite number
of copies
of the comments shall contain plain copies of all documents attached to the original and a
copy thereof
shall be served on the petitioner.
No other pleading may be filed by any party unless required or allowed by the Court. (n)
Section 8. Effect of filing. – The filing of a petition for certiorari shall not stay the execution of
the
judgment or final order or resolution sought to be reviewed, unless the Supreme Court shall
direct
otherwise upon such terms as it may deem just. (n)
Section 9. Submission for decision. – Unless the Court sets the case for oral argument, or
requires the
parties to submit memoranda, the case shall be deemed submitted for decision upon the
filing of the
comments on the petition, or of such other pleadings or papers as may be required or
allowed, or the
expiration of the period to do so. (n)