Ordinary Civil Actions

Definition: Ordinary civil actions are the regular civil cases filed before a court where one party
(plaintiff) seeks redress for a violation of a right or a breach of obligation by another party
(defendant).

Objective: The primary goal is to obtain a judicial decision that enforces a right, imposes a
liability, or awards damages. Examples include breach of contract, property disputes, and
personal injury claims.

Procedure: Ordinary civil actions follow the regular rules of procedure under the Rules of Court.

2. Special Civil Actions

Definition: Special civil actions are cases where the subject matter or the nature of the action
requires specific procedural rules, separate from those governing ordinary civil actions. They
have unique features and are typically intended for extraordinary remedies.

Objective: The aim is often to secure an extraordinary judicial relief that is not available in
ordinary actions. Common examples include certiorari, prohibition, mandamus, and quo
warranto.

Procedure: These actions are governed by Rule 62 to Rule 71 of the Rules of Court, and while
they are civil in nature, they follow certain distinct rules that differ from the general procedure.

In short, ordinary civil actions seek to enforce or defend a right, while special civil actions are designed
for extraordinary remedies with specific procedural requirements.

Rule 62
INTERPLEADEAR
An interpleader 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.
Requisites for an interpleader
 There must be two or more claimants with adverse or conflicting interests upon a subject matter
 The conflicting claims involve the same subject matter
 The conflicting claims are made against the same person
 The plaintiff has no claim upon the subject matter of the adverse cl2ims or if he has an interest
at all, such interest is not disputed by the claimants
 RULE 63

Declaratory relief allows a person to ask the court to determine the rights, duties, or obligations of
parties before any breach or violation occurs. This is a preventive legal action, filed to avoid uncertainty
and future disputes regarding legal rights or obligations.

Section 1: Who May File

 Any person interested in a deed, will, contract, or other written instrument, a statute, an
executive order or regulation, an ordinance, or any other government regulation may file for
declaratory relief.

 The purpose is to ask the court for a judicial interpretation of the meaning, legality, or
construction of these documents or laws.

 The action must be filed before any breach or violation of the law or contract has occurred.

Section 2: Parties

 All persons who have or claim any interest that would be affected by the court's decision must
be made parties to the action.

 The government or its agencies must be included as parties if a statute, executive order, or
regulation is the subject of the declaratory relief.

Section 3: Court Action Discretionary

 The court may refuse to issue a declaratory judgment if it determines that the case is not
appropriate for such a remedy, or if the decision will not terminate the controversy or provide
the necessary relief.

Similar Remedies (Section 4)

Apart from declaratory relief, Rule 63 also covers other remedies with similar effects:

Section 4: Reformation of an Instrument

 A party to a written instrument (like a contract) can ask the court to reform or modify it if the
original writing does not reflect the true agreement of the parties due to fraud, mutual mistake,
or other valid reasons.

Section 5: Quieting of Title

 If someone's ownership or interest in real property is challenged or put in doubt by another

person's claim, they may file an action to quiet title. The court will declare the plaintiff's rights
and remove any uncertainty or adverse claim.

Section 6: Conversion of Action

  If a declaratory relief action cannot proceed due to a breach of the law or contract, the court
may convert the action into an ordinary action for breach of contract or another appropriate
remedy.

Summary of Rule 63:

 Declaratory Relief: Filed to seek judicial clarification of rights or obligations before any violation
occurs.

 Reformation of Instruments: Filed to correct written documents that do not reflect the parties'
true agreement.

 Quieting of Title: Filed to remove doubts or adverse claims on real property ownership.

Rule 64

Section 1: Scope

 Rule 64 applies to judgments, final orders, or resolutions issued by the COMELEC or COA.

 These decisions may be reviewed by the Supreme Court through a petition for certiorari under
Rule 65, but subject to the specific provisions of Rule 64.

Section 2: Mode of Review

 The judgments, final orders, or resolutions of the COMELEC and COA are reviewed by the
Supreme Court through a petition for certiorari under Rule 65.

 Rule 65 typically deals with the special civil action of certiorari, which is filed to challenge a
decision made without or in excess of jurisdiction, or with grave abuse of discretion and
question of law.

Section 3: Time to File Petition

 The petition for certiorari must be filed within 30 days from notice of the judgment, final order,
or resolution of the COMELEC or COA.

 This 30-day period is non-extendible.

Section 4: Docket and Other Lawful Fees

 Upon filing the petition, the petitioner must pay the docket fees and other required fees.

 Failure to pay these fees on time is grounds for dismissal of the petition.

 Deposit of 500 pesos

Section 5: Form and Contents of Petition within 10 days

  The petition must follow the form and content requirements under Rule 65. It must:

o State the facts with clarity.

o Cite the specific judgment, order, or resolution being questioned.

o Show that the COMELEC or COA acted without or in excess of jurisdiction, or with grave
abuse of discretion.

o Include certified true copies of all relevant documents.

Section 6: Order to Comment

 The Supreme Court may require the COMELEC, COA, or any of the interested parties to file a
comment on the petition.

 This comment must be filed within 10 days from notice, and the respondent cannot file a
motion to dismiss the petition.

Section 7: Effect of Filing the Petition

 The mere filing of a petition does not automatically stay (stop) the execution or implementation
of the COMELEC or COA decision being questioned.

 A stay order may be issued only if the Supreme Court determines that there is sufficient reason
to do so, such as potential irreparable damage or harm.

Section 8: Procedure After Comment is Filed

 Once the comment is filed, the case will proceed in the Supreme Court according to the regular
procedures for certiorari under Rule 65.

 The Court will resolve the petition either by dismissing it or granting the requested relief after
considering the merits of the case.

Summary of Rule 64:

 Scope: Applies to judgments or resolutions of COMELEC and COA.

 Review by Certiorari: Decisions are reviewed via a petition for certiorari under Rule 65, filed
within 30 days from notice.

 Stay of Execution: Filing a petition does not automatically stop the execution of the decision,
unless ordered by the Supreme Court.

This rule allows parties affected by decisions of the COMELEC or COA to challenge them through the
highest court, but only in cases where there was lack of jurisdiction or grave abuse of discretion.

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