PROVISIONAL REMEDIES_#BaeNotesSeries

Atty. Tranquil Salvador III

Topic: Rule 62 - INTERPLEADER

 This is different from ProvRem. This is a principal

action on its own. But unlike Ordinary civil actions,
there is no breach/violation of right in interpleader.

 Given example was the case of Lui Enterprises vs.

Zuellig Pharma. (This involves dacion en pago
where in Lui leases piece of land with Zuellig, but
the bldg. was mortgaged in a land. Zuellig file an
action for interpleader to determine where he will
pay the lease rent. Zuellig does not have interest
in this case.)

 Inappropriate ang action na complaint, because it

is like you are raising a claim and your rights were
violated and you want a relief.

 The court will then issue order to interplead the

parties involved. Can the party file Motion to
dismiss? Yes. The grounds for motion to dismiss is
also applicable in this rule. In addition, a propriety
for an interpleader is also a ground.

 Who will pay for filling fees? This will be a lien from
the judgement of the court.

 Is there res judicata in the case of Lui Enterprises?

No. The grounds were not applicable.

 Purpose of Interpleader: To prevent the parties

instituting the action from being vexed, from being
brought to a useless litigation. So instead of mamili
siya ng kung sinong babayaran, ask the court who
will he give payment.