Definitions

Question 1

A civil action is one by which a party ______ another for the enforcement or _________ of a right, or the prevention or redress of a wrong. (S3(a)(1), R2)

Answer 1

sues
protection

Question 2

A civil action may either be ________ or ______. Both are governed by the rules for ________ civil actions, subject to the __________ rules prescribed for a _____ ______ ______ (S3(a)(2), R2)

Answer 2

ordinary
special
ordinary
specific
special civil action

Question 3

A special proceeding is a _____ by which a ______ seeks to establish a ______, _______, or a ___________.

Answer 3

remedy
party
status
right
particular fact

Question 4

A civil action is one by which a party sues another for the ___________ or _________ of a right, or the prevention or redress of a wrong. (S3(a)(1), R2)

Answer 4

enforcement
protection

Question 5

A civil action is one by which a party sues another for the enforcement or protection of a ______, or the prevention or redress of a _______. (S3(a)(1), R2)

Answer 5

right
wrong

Question 6

A civil action is one by which a party sues another for the _______ or _______of a right, or the ______ or _______of a wrong. (S3(a)(1), R2)

Answer 6

enforcement
protection
prevention
redress

Question 7

A civil action may either be ________ or ______. Both are _______ by the rules for __________, subject to the __________ rules prescribed for a _____ ______ ______ (S3(a)(2), R2)

Answer 7

ordinary
special
governed
ordinary civil action
specific
special civil action

Question 8

What is a civil action?

Answer 8

A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.

Question 9

What is special civil action?

Answer 9

Special civil action is a kind of action which are governed by its own special rules, particularly Rules 62 to Rule 71 of the ROC, and such other actions as may be declared by the Supreme Court.

Question 10

What are the kinds of civil action?

Answer 10

Ordinary and Special

Question 11

What governs the special civil action?

Answer 11

It is governed by the ordinary rules but subject to specific rules prescribed.

Question 12

What provision governs special civil actions?

Answer 12

Rule 62 to Rule 71

Question 13

What are the kinds of special civil action? (DIR-CEQ-FP-FC)

Answer 13

Declaratory Relief
Interpleader
Review of Judgments and Final Orders of the COMELEC and COA
Certiorari, Prohibition, Mandamus
Expropriation
Quo Warranto
Foreclosure of Real Estate Mortgage
Partition
Forcible Entry or Unlawful Detainer
Contempt

Question 14

What is the nature of a special civil action?

Answer 14

It is an action which has reference to special matters requiring special procedures.

It has special features not found in ordinary civil actions.

Question 15

Must the special civil action be based on a cause of action?

Answer 15

Not always, in the cases of interpleader and declaratory relief.

Question 16

What is the effect of dismissal of interpleader on counterclaim?

Answer 16

In the case of United Coconut Planters Bank v. IAC, interpleader action does NOT necessarily extinguish counterclaims ARISING FROM SEPARATE CAUSES OF ACTION.

Question 17

Propriety of Interpleader? (Section 1, Rule 62)

Answer 17

Whenever conflicting claims upon the same subject matter are or may be made against a person whi claims no interest whatever in the subject matter, or an interest which is whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves.

Question 18

Requisites of Complaint for Interpleader

Answer 18

1. Multiple claimants with conflicting interests
2. Conflicting claims involve the same subject matter
3. The conflicting claims are made against the plaintiff
4. The plaintiff has no claim upon the subject matter of the adverse claims