Interpleader.docx

INTERPLEADER – RULE 62

Filing of the complaint + Payment of the docket, other lawful fees, costs, and litigation expenses By the person (complainant) against whom conflicting claims are or may be made. The fees and expenses paid shall constitute a lien or charge upon the subject matter of the action unless otherwise ordered by the court.

Court order requiring the conflicting claimants to interplead with one another - If the interests of justice so require, the court may direct that the subject matter be paid or delivered to the court.

Service upon the conflicting claimants (1) Summons (2) Copy of complaint (3) Court order to interplead and/or pay or deliver

Filing of answer by each claimant - within 15 days from service of the summons upon him. Serving a copy of answer upon each of the other conflicting claimants.

If claimant fails to file answer within 15 days from service of the summons - the court may on motion: (a) declare him in default and (b) render judgment barring him from any claim in respect to the subject matter.

Reply – may be filed by the claimants

Within the time for filing an answer, each claimant may file a motion to dismiss – Grounds: (1) impropriety of the interpleader action, or (2) other appropriate grounds specified in Rule 16 The period to file the answer shall be interrupted.

If motion to dismiss is denied – an answer may be filed within the remaining period - in no case less than 5 days (reckoned from notice of denial)

Parties may file – (1) Counterclaims (2) Cross-claims (3) Third-party complaints and (4) Responsive pleadings thereto.

Pre-trial

After pleadings of conflicting claimants have been filed and pre-trial conducted - Court shall determine conflicting claimants’ respective rights and adjudicate their several claims

REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTION OF THE COMELEC AND COA – RULE 64

File a petition for review WHEN (1) Within 30 days from notice of judgment/final order/resolution sought to be reviewed (2) Filing of motion for reconsideration/new trial with Constitutional commission interrupts the 30-day period. (3) If motion is denied - aggrieved party may file petition within remaining period, which shall not be less than 5 days from notice of denial.

ORDER TO COMMENT If the SC finds the petition sufficient in form and substance - it shall order the respondents to file their comments on the petition within 10 days from notice thereof.

Form of petition for review Verified and accompanied by (annexes) 1) clearly legible duplicate original or certified true copy of the subject judgment, etc. 2) certified true copies of such material portions of the record referred to in the petition 3) other documents relevant and pertinent to the petition 4) proof of service of a copy of the petition on the Commission and the adverse party 5) proof of the timely payment of the docket and other lawful fees in one original (properly marked) and 4 copies

Grounds for dismissal – 1) 2) 3)

Petition not sufficient in form and substance Petition was filed manifestly for delay The questions raised are too unsubstantial to warrant further proceedings.

Unless the case is referred to the Court En Banc, in which event, the parties shall file 10 additional copies. (containing plain copies of all documents attached to the original copy of the petition) COMMENTS OF RESPONDENTS Requirements – 1)

Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months following the effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit, simultaneously with their court-bound papers, soft copies of the same and their annexes (the latter in PDF format) either by email to the Court’s e-mail address or by compact disc (CD). This requirement is in preparation for the eventual establishment of an e-filing paperless system in the judiciary. [Efficient Use of Paper Rule, Section 5]

1) 2) 3) 4) 5) 6) 7) 8)

CONTENTS name of aggrieved party (petitioner) respondents: Commission concerned and person(s) interested in sustaining the judgment a quo facts issues involved grounds and brief arguments relied upon for review prayer for judgment annulling or modifying the question judgment, etc. material dates showing that it was filed on time certification against non-forum shopping

Failure to comply with foregoing requirements shall be sufficient ground for dismissal. Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable.

2)

original copy with certified true copies of material portions of the record as are referred to in the comment and certified true copies of other supporting papers one original (properly marked) and 4 copies

Unless the case is referred to the Court En Banc, in which event, the parties shall file 10 additional copies. (containing plain copies of all documents attached to the original copy of the petition)

DECISION Case is deemed submitted for decision upon: 1) Filing of the comments on the petition, and such other pleadings or papers as may be required or allowed. 2) Expiration of the period to file the pleadings. Exceptions: SC sets the case for oral argument or requires parties to submit memoranda.