SPECIAL CIVIL ACTIONS (RULE 62-71)

A civil action is one by which a party sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong.

Special civil action is governed by the ordinary rules but is subject to specific
rules under Rules 62-71.

The special civil actions under the Rules are the following:

The special civil actions under the Rules are the following:

(a) Interpleader (Rule 62);

(b) Declaratory relief and similar remedies (Rule 63);
(c) Review of judgments and final orders or resolutions of the Commission
on Elections and the Commission on Audit (Rule 64);
(d) Certiorari, Prohibition and Mandamus (Rule 65);
(e) Quo warranto (Rule 66);
(f) Expropriation (Rule 67);
(g) Foreclosure of real estate mortgage (Rule 68);
(h) Partition (Rule 69);
(i) Forcible entry and unlawful detainer (Rule 70);
(j) Contempt (Rule 71).

(a) Interpleader (Rule 62);

An interpleader (Rule 62) is 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 whatever, or if he has an interest, it is one
which, in whole or in part, is not disputed by the claimants. The action is
brought against the conflicting claimants to compel them to interplead and
litigate their claims among themselves.

Interpleader (Rule 62) is a remedy whereby a person who has property in his
possession or has an obligation to render wholly or partially, without claiming
any right in both, comes to court and asks that the defendants who have
made conflicting claims upon the same property or who consider themselves
entitled to demand compliance with the obligation be required to litigate
among themselves in order to determine who is entitled to the property or
payment or the obligation.
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The peculiar characteristic of an interpleader is that there is NO CAUSE OF
ACTION on the part of the plaintiff but only a threat of cause of action.

(b) Declaratory relief and similar remedies (Rule 63);

Declaratory relief refers to a judgment of a court which determines the rights

of parties without ordering anything be done or awarding damages. By
seeking a declaratory judgment, the party making the request is seeking for
an official declaration of the status of a matter in controversy. Optimally, the
resolution of the rights of the parties involved will prevent further litigation.
For example, a party to a contract may seek the legal interpretation of a
contract to determine the parties' rights, or an insured may seek a
determination of insurance coverage under a policy.

An action for declaratory relief is brought to secure an authoritative statement

of the rights and obligations of the parties under a contract or a statute for
their guidance in the enforcement or compliance with the same. Thus, the
purpose is to seek for a judicial interpretation of an instrument or for a judicial
declaration of a person’s rights under a statute and not to ask for affirmative
reliefs like injunction, damages or any other relief beyond the purpose of the
petition as declared under the Rules.

The subject matter in a petition for declaratory relief is any of the following:
a) Deed;
b) Will;
c) Contract or other written instrument;
d) Statute;
e) Executive order or regulation;
f) Ordinance; or
g) Any other governmental regulation.

(c) Review of judgments and final orders or resolutions of the Commission

on Elections and the Commission on Audit (Rule 64);

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. 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 SC directs otherwise upon such terms as it may deem
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just. To prevent the execution of the judgment, the petitioner should obtain a
temporary restraining order or a writ of preliminary injunction because the
mere filing of a petition does not interrupt the course of the principal case.

(d) Certiorari, Prohibition and Mandamus (Rule 65);

Certiorari is a remedy for the correction of errors of jurisdiction, not errors of

judgment. It is an original and independent action that was not part of the
trial that had resulted in the rendition of the judgment or order complained of.
Since the issue is jurisdiction, an original action for certiorari may be directed
against an interlocutory order of the lower court prior to an appeal from the
judgment.

Certiorari is an extraordinary writ ANNULLING OR MODIFYING the

proceedings of a tribunal, board or officer exercising judicial or quasi-judicial
functions when such tribunal, board or officer has acted without or in excess
of its or his jurisdiction, or with grave abuse of discretion amounting to lack
or excess of jurisdiction, there being no appeal or any other plain, speedy
and adequate remedy in the ordinary course of law (Sec. 1, Rule 65).

Prohibition is an extraordinary writ COMMANDING a tribunal, corporation,

board or person, whether exercising judicial, quasi-judicial or ministerial
functions, TO DESIST from further proceedings when said proceedings are
without or in excess of its jurisdiction, or with abuse of its discretion, there
being no appeal or any other plain, speedy and adequate remedy in the
ordinary course of law (Sec. 2, Rule 65).

Mandamus is an extraordinary writ commanding a tribunal, corporation,

board or person, to do an act REQUIRED to be done: a) When he unlawfully
neglects the performance of an act which the law specifically enjoins as a
duty, and there is no other plain, speedy and adequate remedy in the
ordinary course of law; or b) When one unlawfully excludes another from the
use and enjoyment of a right or office to which the other is entitled (Sec. 3,
Rule 65).

(e) Quo warranto (Rule 66);

Literally means “by what authority”; a prerogative writ by which the court can
call upon any person to show by what warrant he holds a public office or
exercises a PUBLIC franchise.
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Quo warranto is 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 and laws they
cannot legally exercise by virtue of a grant and authority from the State.

It is a special civil action commenced by a verified petition against:

a) a person who usurps a public office, position or franchise;

b) a public officer who performs an act constituting forfeiture of a public office;
or c) an association which acts as a corporation within the Philippines without
being legally incorporated or without lawful authority to do so.

(f) Expropriation (Rule 67);

1) Expropriation is an exercise of the State’s power of eminent domain

wherein the government takes a private property for public purpose upon
payment of just compensation.

2) To be filed with the RTC; this is action incapable of pecuniary estimation.

(g) Foreclosure of real estate mortgage (Rule 68);

Foreclosure of Mortgage is a proceeding by which the mortgagee or his

successors or one who has by law succeeded to the rights and liabilities of
the mortgagee undertakes to dispose of, to ban, to cut-off the legal and
equitable claims of lien holders or of the mortgagors or those who have
succeeded to the rights and liabilities of the mortgagor.

The cause of action in a foreclosure suit is generally the non-payment of the

mortgage loan, but it may be on other grounds which under the contract
warrant the foreclosure, such as the violation of the other conditions therein.

Foreclosure may be made:

(1) Judicially: governed by Rule 68
(2) Extrajudicially: proper only when so provided in contracts in accordance
with Act No. 3135; governed by AM No. 99-10- 05.

(h) Partition (Rule 69);

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Partition is the separation, division and assignment of a thing held in common
among those to whom it may belong.

It presupposes the existence of a co-ownership over a property between two

or more persons. The rule allowing partition originates from a well- known
principle embodied in the Civil Code, that no co-owner shall be obliged to
remain the co- ownership. Because of this rule, he may demand at any time
the partition of the property owned in common.

(i) Forcible entry and unlawful detainer (Rule 70);

The actions for forcible entry and unlawful detainer belong to the class of
actions known by the generic name accion interdictal (ejectment) where the
issue is the right of physical or material possession of the subject real
property independent of any claim of ownership by the parties involved.

Ejectment cases are summary proceedings intended to provide an

expeditious means of protecting actual possession of property.

Accion Interdictal comprises two distinct causes of action:

FORCIBLE ENTRY (DETENTACION), where one is deprived of physical

possession of real property by means of force, intimidation, strategy, threats
or stealth (FISTS);

UNLAWFUL DETAINER (DESAHUICO), where one illegally withholds

possession after the expiration or termination of his right to hold possession
under any contract, express or implied.

(j) Contempt (Rule 71).

Contempt is a disregard of, or disobedience to the rules or orders of a judicial

body, or an interruption of its proceedings by disorderly behavior or insolent
language, in its presence or so near thereto as to disturb the proceedings or
to impair the respect due to such body.

Contempt of court is disobedience to the court by acting in opposition to its

authority, justice, and dignity. It signifies not only a willful disregard or
disobedience to the court’s orders but also conduct tending to bring the
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authority of the court and administration of law into disrepute, or, in some
manner, to impede the due administration of justice.

The power to declare a person in contempt of court and in dealing with him
accordingly is an inherent power of the court. It is used as a means to protect
and preserve the dignity of the court, the solemnity of the proceedings, and
administration of justice.

Contempt proceedings have a dual function:

(a) vindication of public interest by punishment of contemptuous conduct;
and
(b) coercion to compel the contemnor to do what the law requires him to
uphold the power of the Court, and also to secure the rights of the parties to
a suit awarded by the Court.