COMAPARATIVE TABLE ON THE SPECIAL CIVIL ACTIONS

DEFINITION

INTERPLEADER

DECLARATOR
Y RELIEF

REVIEW OF
JUDGMENTS OF
COMELEC AND
COA
CERTIORARI

PROHIBITION

MANDAMUS

QUO WARRANTO

EXPROPRIATION

nclucia
no

Interpleader is a special civil remedy where a person

who has property in his possession or an obligation to
perform, either wholly or partially, but who claims no
interest in the subject, in whole or in part, is not
disputed by the others, goes to court and asks that
conflicting claimants to the property or obligation be
required to litigate among themselves in order to
determine finally who is entitled to the same
In Declaratory Relief, the subject matter is a deed, will,
contract, or other written instrument, statute, executive
order, or regulation, or ordinance. The issue is the
validity or construction of the subject matter and the
relief sought is declaration of the petitioners rights and
duties
The aggrieved party may bring a judgment or final
order or resolution of the COMELEC and COA to the SC
on certiorari under Rule 65, pursuant to Rule 64
Writ of Certiorari is a writ emanating from a superior
court directed against an inferior court, tribunal, or
officer exercising judicial or quasi-judicial functions.
The purpose of which is to correct errors of
Writ of Prohibition is jurisdiction.
a writ issued by a superior court
and directed against an inferior court, board, officer or
other person whether exercising judicial, quasi-judicial,
or ministerial functions for the purpose of preventing
the latter from usurping jurisdiction with which it is not
legally vested.
Writ of Mandamus is a writ issued in the name of the
State, to an inferior tribunal, corporation, board, or
person, commanding the performance of an act which
the law enjoins as a duty resulting from an office,
trust, or station.
Quo Warranto literally means by what authority.
It is a prerogative writ by which the government
can call upon any person to show by what warrant
he holds a public office or exercises a public
franchise.
Eminent Domain is the right and authority of the State,
as sovereign, to take private property for public use
upon observance of due process and payment of just
compensation. It is a governments right to appropriate,
in the nature of a compulsory sale to the State, private
property for public use or purpose.

PURPOSE

To protect a person not against

double liability but against
double vexation in respect of
ones liability

To relieve the litigants of the

common law rule that no
declaration of rights may be
judicially adjudged unless a right
has been violated and for the
violation of which relief may be
granted.
To review decisions of COMELEC and
COA
To annul or nullify a proceeding

To have respondent desist from

further proceeding

For respondent to: (1) Do the act

required, and (2) Pay
damages
It is a prerogative proceeding or
writ issued by the court to
determine the right to the use or
exercise of an office, position, or
franchise and to oust the person
holding or exercising such office,
position, or franchise, if his right is
unfounded or if he had forfeited his
right to enjoy the privilege
To acquire private property to be
used for public purpose by
the State

SUBJECT MATTER AND RELIEF

SOUGHT
Under the present rule, the remedy is
available regardless of the nature of
the subject matter, which may either
be real or personal property
The conflicting claimants to compel
them to interplead and litigate their
several claims among themselves.
The subject matter is a deed, will,
contract, or other written instrument,
statute, executive order, or regulation,
or ordinance;
ISSUE is the validity or construction
of the subject matter
RELIEF: declaration of the petitioners
rights and duties
Judgments, final orders, or
resolutions of the COMELEC and
COA. Relief is review.
That the judgment, order, resolution,
subject of the petition be annulled
or modified
That the respondent be ordered to
desist from further proceedings in the
action or matter specified in the
petition
That the respondent, immediately or at
some other time to be specified by the
court, do the act required to be done to
protect the petitioners rights, and to pay
the damages sustained by the petitioner
by reason of respondents wrongful acts
The subject matter of a quo warranto
may be a public office, franchise, or
position.
To oust the person holding or exercising
such office, position, or franchise, if his
right is unfounded or if he had forfeited
his right to enjoy the privilege
Subject Matter of Expropriation: All
properties can be expropriated.
EXCEPT: Money and Choses in
action Property devoted to
public use may be expropriated

JUDICIAL
FORECLOSURE
OF REAL
ESTATE
MORTGAGE
PARTITION

FORCIBLE
ENTRY AND
UNLAWFUL
DETAINER

CONTEMPT

Foreclosure of Mortgage is a proceedings in a court of

justice conducted according to legal forms 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- of 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.
Partition is the process of dividing and assigning the
property owned in common among the various coowners thereof in proportion to their respective
interests in said property
In forcible entry, one is deprived of physical
possession of any land or building by means of force,
intimidation, threat, strategy, or stealth.
In unlawful detainer, one unlawfully withholds
possession thereof after the expiration or termination of
his right to hold possession under any contract, express
or implied
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 of disobedience to
the courts orders but also conduct tending to bring the
authority of the court and administration of law into
disrepute, or, in some manner, to impede the due
administration of justice.

To satisfy mortgagors debt

to the mortgagee

To partition the property

owned in common among the
parties in interest
Summary action for recovery of
physical possession where the
dispossession has not lasted for
more than 1 year
Used as a means to protect and
preserve the dignity of the court,
the solemnity of the proceedings,
and administration of justice
Protection
from
callous
misbehavior,
ofensive
personalities,
contumacious
refusal to comply with court

Subject Matter: Real estate

mortgage Relief sought: Satisfaction of
Mortgagors debt by
applying the proceeds of the foreclosure
sale
Real property owned in common is
subject to partition. Personal property
and estates comprising of personal and
real properties may also be the subject
of partition.
Lands or Buildings may be the subject
matter RELIEF: (1) Restitution of such
possession; (2) Together with damages
and costs

Contumacious conduct.
Dependent on the nature of the
contempt proceedings

JURISDICTION AND VENUE OF SPECIAL CIVIL ACTIONS

INTERPLEADER

JURISDICTION
Personal Property:
1. MTC if value not more than P300,000 outside Metro
Manila, or not more than P400,000 in Metro Manila (Sec.
33, BP129)
2. RTC value exceeds P300,000 outside Metro Manila, or
P400,000 in Metro Manila, or if incapable of pecuniary
estimation (Sec. 19, BP129)
Real Property
1. MTC assessed value not more than P20,000 outside
Metro Manila or not more than P50,000 in Metro Manila
(Sec. 33, BP 129)
GENERAL RULE: In the appropriate RTC

DECLARATOR
Y RELIEF

EXCEPTION: Where the action is for reconveyance, cancellation

or quieting of title to real property, jurisdiction will depend on the
assessed value of the property

VENUE
Rule 4 applies
If the action afects title to or possession of real property
Venue is where the real property involved or a portion thereof is
situated
All other actionsAt the election of the plaintif
1. Where plaintif or any of the principal plaintifs reside; or
2. Where defendant or any of the principal defendants resides;
or
In case of an non-resident, where he may be found
Rule3.
4 applies
If the action afects title to or possession of real property
Venue is where the real property involved or a portion thereof is
situated
All other actionsAt the election of the plaintif
1. Where plaintif or any of the principal plaintifs reside; or
2. Where defendant or any of the principal defendants resides;
or

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