Special Civil Actions Flowchart
Special Civil Actions Flowchart
Finals Reviewer
A legal remedy where a person possesses a personal or real property or an obligation to render wholly or partially but does not claim any right thereto and he comes
to court and ask that the claimants to said property or to such obligation be required to litigate among themselves to determine finally who is entitled to one or the
other
Form and
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds
Contents
To afford 1. Plaintiff claims no Within a Any person who, MTC By filing a
protection interest in the reasonable time without claiming a. Personal complaint for
against double subject matter or after the dispute any right thereto: property < P300k, interpleader
vexation in his interest is not has arisen without or < P400k in MM;
respect to one disputed; waiting to be sued 1. Possesses b. Real property < Therefore, it is an
liability by either one of personal or real P20k, or < P50k in original action.
2. There are at least the contending property, or MM.
Rule 62 two or more parties.
Interpleader conflicting 2. Has an obligation RTC
claimants upon the Otherwise, barred to render wholly a. Personal
same subject by laches or or partially property > P300k,
matter; undue delay. without claiming or > P400k in MM;
Interpleader is no any right thereto. b. Real property >
3. The parties to be longer available. P20k, or > P50k in
interpleaded must MM.
make effective * somebody not
claims; and involved in the
controversy
4. The subject matter between the
must be one and conflicting
the same. claimants
Finals Reviewer
An action by any person interested in a deed, will, contract or other written instrument, executive order or resolution, to determine any question of construction or
validity arising from the instrument, executive order or regulation, or statute, and for the declaration of his rights and duties thereunder
Form and
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds
Contents
To determine 1. There must be a Before breach or Any person: RTC has exclusive By way of filing a
any question of justiciable violation of the original jurisdiction. petition for
construction or controversy; deed, will, contract 1. Interested under declaratory relief
validity arising or other written a deed, will, X (directly to SC): and other similar
from the 2. The controversy instrument, or contract, or remedies
instrument, must be between statute, executive written 1. Involving legality
Rule 63 executive order persons whose order or instrument; of the imposition
Declaratory or regulation, or interest are regulation, of VAT on toll
Relief and statute, and for adverse; ordinance or any 2. Whose rights are fees as
other Similar the declaration other affected by a prohibition; or
Remedies of his rights 3. The party seeking governmental statute,
and duties declaratory relief regulation executive order 2. Involving the
(Reformation thereunder; must have legal or regulation, definition of
of instrument, interest in the Not available: ordinance, or “capital” in Sec.
Quieting of To adjudicate controversy; and 1. to obtain judicial any other 11, Art. XII,
and determine declaration of governmental Const. as
Title, and citizenship
Consolidation the rights of the 4. The issue involved 2. to establish regulation mandamus.
of Ownership) parties; must be ripe for illegitimate filiation
judicial and determine
To clarify some determination. hereditary rights * Quieting of title
3. to resolve a political
uncertainties question or issue
can be entertained
with respect to 4. when assailed by the MTC, in
the obligations ordinance is not accordance with
of parties under ambiguous the jurisdictional
5. to seek an advisory
a contract amounts.
opinion on moot
decision
6. when plaintiff has
no interest in the
questioned law or
ordinance
Finals Reviewer
Governs the review of judgments and final order or resolutions of the Commission on Elections and the Commission on Audit
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds Form and Contents
Within thirty (30) Any person To the Supreme By way of filing Grave abuse 1. Petition must be
days from notice aggrieved by the Court a petition for of discretion verified and filed
of the judgment judgment, final certiorari in five (5) legible
or final order or order, or resolution copies if to be
resolution sought of the COMELEC or heard by division,
to be reviewed COA ten (10) if by the
en banc.
* If a motion for 2. The petition shall
new trial or state the specific
Rule 64 reconsideration is material dates,
Review of filed, the period is the facts and
Judgments, interrupted. If issues, the
Final Orders denied, aggrieved grounds and brief
and party may file the arguments relied
Resolutions of petition within the upon, and the
the COMELEC remaining period, prayer for
and COA which shall not be judgment.
less than five (5) 3. Petitioner is the
days. aggrieved party.
Respondent is
* Fresh period the Commission
rule will not apply. concerned.
4. Petition shall be
accompanied by
a copy of the
judgment or final
order.
5. Sworn
certification of
non-forum
shopping
Verified Dismiss
petition + Supreme No comment
payment of Court within 10 days
docket fees Require the
Oral arguments Decision
respondent
to comment Comment
Special Civil Actions 4/11
Finals Reviewer
Certiorari is a prerogative writ issued by a superior court to an inferior court, board or officer exercising judicial or quasi- judicial functions whereby the record of a
particular case is ordered to be elevated for review and correction in matters of law.
Prohibition is a legal remedy available to prevent inferior courts, or other tribunals, corporations, boards, officers, or persons, from usurping or exercising a jurisdiction
with which they have not been vested by law, to prevent the unlawful and oppressive exercise of legal authority and to provide for a fair and orderly administration of
justice.
Mandamus is a command issuing from a court of law of competent jurisdiction, in the name of the state or sovereign, directed to some inferior court, tribunal, or board,
or to some corporation or person, requiring the performance of a particular duty therein specified, which duty results from the official station of the party to whom the
writ is directed, or from operation of law.
When to How Form and
Purpose/s Requisites Who May File Where to File Grounds
File Initiated Contents
Certiorari is a Certiorari: Within sixty Certiorari: May be filed in By way of Grave 1. Petition
remedy designed 1. A tribunal, board, or officer exercising (60) days Any person the: filing a abuse of must be
for the correction judicial or quasi-judicial functions; from notice aggrieved by the 1. Supreme Court; petition for discretion verified;
of errors of 2. Has acted without or in excess of of judgment, judgment, final 2. Court of certiorari, 2. There must
jurisdiction, not jurisdiction, or with grave abuse of order, or order, or resolution Appeals; prohibition, be a
errors of discretion amounting to lack or resolution of any tribunal, 3. Sandiganbayan; or statement
judgment. excess of jurisdiction; and board, or officer 4. RTC; and mandamus of facts,
3. No appeal, or any plain, speedy, and * 60-day exercising judicial 5. COMELEC for issues, and
Prohibition is adequate remedy in the ordinary period is or quasi-judicial election cases. arguments;
designed to course of law. extendible functions 3. There must
Rule 65
prevent or but not to be a prayer
Certiorari,
restrain Prohibition: exceed Prohibition: for the
Prohibition,
usurpation by 1. Tribunal, corporation, board, officer fifteen (15) Any person reliefs
and
inferior tribunals or person exercises judicial, quasi- days. aggrieved by the sought;
Mandamus
and to compel judicial, or ministerial functions; judgment, final 4. There must
them to observe 2. Has acted without or in excess of * Fresh order, or resolution be
the limitation of jurisdiction, or with grave abuse of period rule of any tribunal, compliance
their jurisdiction. discretion amounting to lack or applies. board, or officer with
It is a preventive excess of jurisdiction; and exercising judicial, condition
remedy. 3. No appeal, or any plain, speedy, and quasi-judicial, or precedents;
adequate remedy in the ordinary ministerial and
Mandamus is an course of law. functions 5. Payment of
affirmative docket fees.
remedy, designed Mandamus: Mandamus:
to compel 1. A tribunal, corporation, board, officer, Any person who
compliance with or person: has a clear right to
a function a. Neglects the performance of an the performance of
prescribed by act which the law specifically an act
law. enjoins as a duty
b. Excludes another from the use
and enjoyment of right or office
2. No plain, speedy, and adequate
remedy in the ordinary course of law.
Outright dismissal
Verified Court
petition Oral
Require respondent to arguments or
Comment Reply Decision
comment in 10 days memoranda
Special Civil Actions 5/11
Finals Reviewer
A remedy or proceeding by which the sovereign or state determines the legality of a claim which a party asserts to the use or exercise of an office or franchise and
ousts the holder from its enjoyment, if the claim is not well founded, or if the right to enjoy the privilege has been forfeited or lost
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds Form and Contents
To determine the 1. A person is Within one (1) 1. The State 1. Supreme Court; By way of filing Usurpation of 1. Petition must be
right or title to the usurping, year from the a. Commenced 2. Court of Appeals; a petition for a public verified.
contested public intruding into, or cause of such by the and quo warranto office, 2. If brought by the
office and to oust unlawfully ouster or the right Solicitor- 3. RTC position, or government, it
the holder from holding a public of the petitioner to General or the franchise must be in the
its enjoyment office, position or hold such office or public When the Solicitor- name of the
franchise; and position arose prosecutor General Republic. If by a
2. The person commences the private individual,
suing must show X: when the 2. Any private action: in his own name.
a clear right to petitioner is not individual who 1. RTC in the City 3. If action is for
the contested guilty of inaction claims of Manila; usurpation of a
Rule 66 office. entitlement to a 2. Court of public office,
Quo Warranto Action for public office or Appeals; or position or
damages must be position usurped 3. Supreme Court. franchise, it shall
filed within one or unlawfully held set forth the name
(1) year after the or exercised by May also be filed of the person who
entry of judgment another with the claims to be
establishing the Sandiganbayan in entitled thereto,
petitioner’s right QW actions arising with an averment
to the office in in cases filed under of his right and
question. EO Nos. 1, 2, 14, that the
14-A in aid of its respondent is
appellate unlawfully in
jurisdiction possession
thereof.
4. All persons
claiming to be
entitled to the
same must be
made parties.
Finals Reviewer
The procedure to be followed in the exercise of the right of eminent domain of the State
Purpose/s Requisites When to File Who May File Where to File How Initiated Grounds Form and Contents
To provide a 1. Due process of State By way of filing a 1. Petition must be verified.
procedural law; complaint for 2. It must implead all persons
remedy for the 2. Payment of just expropriation owning or claiming to own,
exercise of the compensation; or occupying any part
right of eminent and thereof or interest therein,
domain by the 3. Public use showing so far as
State character of the practicable, the separate
Rule 67 taking. interest of each.
Expropriation 3. Petition must allege the
right and purpose of the
expropriation.
4. It must describe the
property sought to be
expropriated.
5. It must state the fact that
title to property sought to
be expropriated appears to
be in the Republic but
occupied by private
individuals, or that title is
otherwise obscure or
doubtful.
Stage 1 (determination of the authority to expropriate and the public character of the taking):
Appeal
Commissioners to determine just
Court appoints compensation, receive evidence,
commissioners Decision
conduct ocular inspection, and Payment or registration and entry
submit partial or final reports upon property
Special Civil Actions 7/11
Finals Reviewer
The remedy available to the mortgagee by which he subjects the mortgaged property to satisfy the obligation
Filing of
complaint
for
foreclosure
in court
Finals Reviewer
The process of dividing and assigning property owned in common among the various co-owners thereof in proportion to their respective interests in the property
Issues to be
Purpose/s Requisites When to File Who May File Where to File How Initiated Form and Contents
Determined
To segregate the Anytime Any of the co- By way of filing a 1. The existence of the The complaint shall set
respective shares owners to a complaint for co-ownership over forth:
of the parties to a * Right to property partition the property subject 1. The nature and
certain property demand thereof; and extent of his title;
co-owned by partition is 2. How the property 2. An adequate
them imprescriptible will be divided. (technical)
description of the
Rule 69 X: If a co- real estate; and
Partition owner asserts 3. All other persons
adverse title to interested in the
the property, property shall be
prescription made defendants.
runs from
such time of
assertion of
adverse title.
Parties may make the Court shall confirm Partition and order of the
Judgment for partition among the partition agreed court to be registered in
Filing of partition; order themselves upon the ROD
complaint the partition of
Trial
for partition the real estate
in court among all the Court may appoint not
parties in more than 3
Commissioners Trial by
interest commissioners to shall take oath commissioners
make the partition
Finals Reviewer
The remedy of a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession by virtue of a contract,
express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person
Who May
Purpose/s Requisites When to File Where to File How Initiated Grounds Form and Contents
File
For restitution of (Jurisdictional Forcible entry: 1. Municipal By way of filing a Affidavits shall state:
possession, requirements) One (1) year Trial Court; complaint for 1. Only the facts of direct
damages and from the 2. Metropolitan forcible entry and personal knowledge of the
costs Forcible entry: dispossession by Trial Court; unlawful detainer affiants which are
1. Plaintiff must force, 3. Municipal admissible; and
Rule 70 allege prior intimidation, Circuit Trial 2. Show their competence to
Forcible Entry
physical strategy, threat, Court; and testify to the matters stated
and Unlawful
possession; and stealth (FISTS) 4. Municipal therein.
Detainer
2. Deprivation of the Trial Courts
possession by Unlawful in Cities
means of FISTS. detainer:
One (1) year X:
Unlawful detainer: from demand or 1. DARAB
1. Plaintiff must from the time 2. HLURB
allege the unlawful the possession
withholding of the becomes
property; and unlawful
2. Demand to vacate.
Judgment on the
Answer within 10 counterclaim
Verified Preliminary
Court Summons days with
complaint conference
counterclaim
Judgment on the complaint
Clarificatory
affidavits
Judgment
Submission of position
papers
Judgment within
30 days
Special Civil Actions 10/11
Finals Reviewer
It is a defiance of the authority, justice or dignity of the court; such conduct as tends to bring the authority and administration of the law into disrespect or to interfere
with or prejudice parties litigant or their witnesses during litigation. It is an inherent power of the court for preservation of order in judicial proceedings and to the
enforcement of judgments.
Finals Reviewer
Initiated by an individual:
Appeal
Judgment/ Writ of
Decision execution
Appeal