Interpleader Notes

INTERPLEADER (Rule 62)
As for debtor or lessees regarding the payment of a

debt or rentals another, and there exists conflicting
claims as to who has the right to receive such
payment there may be 2 remedies:
a. tender of payment + consignation of the
amount to the court
b. file for interpleader
The remedy is afforded NOT to protect a person

against double liability BUT to protect him against
double vexation
An interpleader allows a person to pass the legal

problem to the court which will adjudicate the
adverse claims
To enable the plaintiff to protect himself from
possible lawsuits initiated by any claimants (this
refers to double vexation)
Meaning of interpleader; purpose
It is filed by a person against whom

2 conflicting claims are made upon the SAME
subject matter
And over which he claims NO INTEREST or
If he has an interest, it is in WHOLE or in PART
which is NOT DISPUTED by the claimants
The action is brought against conflicting claimants to
COMPEL them to INTERPLEAD and LITIGATE
their claims among themselves
Requisites for an interpleader

a.
b.
c.
d.
2 or more claimants w/ adverse or conflicting

interests upon a subject matter
The conflicting claims involve same subject matter
The conflicting claims are made against the same
person (plaintiff)
The plaintiff has no claim upon the subject matter or
if he has an interest, the interest is not disputed by the
claimants
There exists conflicting claims amount the
conflicting claimants
Mere existence of such is not sufficient to sustain an
interpleader action if does not refer to the SAME
subject matter
If the subject matters are difference, no interpleader
IF the claims are merely against each other but not
claims against the interpleader / plaintiff = action for
interpleader will not be sustained
It requires that the conflicting claims be made against
a person who claims no interest in the subject matter
If the claims are against the plaintiff in interpleader
who has an interest = no interpleader will lie
When interpleader is proper ; when filed
It may arise if a person has a property in custody but

he has no interest over it. Yet several persons claim a
right to the property.
It may arise when one has an obligation to do an act

but is confronted w/ conflicting claims as to the
entitlement of benefits from such performance of the
obligation
The person upon whom the conflicting claims are

made is faced with legal problem in determining who
amount the claimants has the legal right thereto. The
remedy is to file an action for interpleader.
If the court orders the claimants to litigate among

themselves, there arises new action and the pleading
which initiates the action is called complaint in
interpleader NOT cross-complaint
Under the Civil Code:

Payment should be made to the person in whose
favor the obligation has been constituted
Payment to wrong person is not a valid payment &

does not extinguish the obligation
Hence, if there are conflicting claimants regarding

the right to collect such payment, the debtor may file
an action for interpleader to ultimately effect the
extinguishment of such obligation AFTER payment
is made to the person (according to the judgment in
the action for interpleader) entitled to the amount.
Court with jurisdiction:

It shall depend upon the following:
1.
If the action is a personal property valued at:

a. Not more than P300 province
b. P 400 Metro Manila
MTC has jurisdiction
If the claim involves the right to receive a certain
sum, the ISSUE is who is entitled to collect while the
object of the action is the amount
It is not right to hold that the object of the action is
the right to compel the defendants to litigate among
themselves
Court with jurisdiction

It shall depend on subject matter of the action:
Personal property MTC Amount of claim determines
jurisdiction
not more than 300K outside Metro Manila

not more than 400K within Metro Manila
not more than 20K outside Metro Manila

not more than 50K within Metro Manila
One incapable of pecuniary estimation RTC
Person who files the complaint:
How commenced
By FILING OF A COMPLAINT
Brought by the person against whom conflicting

claims upon the same subject matter are made.
Summons shall be served
Interpleader distinguished from intervention

INTERPLEADER
Special civil action,
independent and original.
Filed by:
the person who
has no interest
in the subject
matter of the
action or
if he has an
interest
INTERVENTION
Not an original action,
merely ancillary and
depends
upon
the
existence of a previous
pending action.
Commenced by a motion
for leave to intervene
filed in a pending case
attaching the pleadingin-intervention
Filed by a person who
has a legal interest in:
subject matter
of the litigation
the success of
either of the
parties
an
interest
against both
he
may be
adversely
affected by the
disposition or
distribution of
property
in
custody of the
court or an
officer
Pays the docket fees and other lawful fees

These shall constitute a lien or charge upon the
subject matter of the action, unless court shall order
otherwise
Summons; order to interplead
Commenced by the filing

of a complaint original
action
If
a
complaint-inintervention is filed, the
defendants are already
parties to an existing suit
not because of the
intervention, but because
of the original suit
Payment of docket fees; lien
Real property MTC
Defendants are brought

into the action because
they are sued and
impleaded
Upon the conflicting claimants

With a copy of the complaint and the order
o Refers to the order requiring the conflicting
claimants to interplead with one another,
o Shall be issued upon filing of the complaint
Court may include in the order a direction that the
subject matter of the action be paid or delivered to
the Court (only if interest of justice so requires)
Motion to dismiss
Within the time for filing an answer (15 days from service of
summons), each claimant may file a MTD on the ground of:
a.
b.
Impropriety of the interpleader action

On other appropriate grounds as provided by Rule
16:
No jurisdiction over the person of the
defending party
Court has no jurisdiction over the subject
matter of the claim
Improper venue
No legal capacity to sue of plaintiff
Litis pendentia
Res judicata
No cause of action
Claim or demand has been paid, waived,
abandoned, or extinguished
Unenforceable under the Statute of Frauds
Condition precedent has not been complied
with

Impropriety of the interpleader action
Ground for impropriety of the filing of a complaint

for interpleader Special and separate ground and
not found in Rule 16
For an interpleader to be proper Requirements of
sec.1 Rule 62 should be complied with (such as the
existence of conflicting claims made by the claimants
upon the same subject matter)
Examples of impropriety of interpleader:
If allegations in the complaint DO NOT show
conflicting claims between or among the persons
required to interplead
o Complaint is subject to dismissal on the
ground of impropriety of the interpleader
Where the claims are not conflicting because they
refer to different subject matters
o Interpleader will not also lie
o Dismissal based on impropriety of the action
may be invoked
Where it appears from the allegations in the
complaint that the plaintiff claims an interest in the
subject matter
o Sec. 1 of Rule 62 requires that the plaintiff
in interpleader claims no interest whatever
in the subject matter.
Effect of the filing of a motion to dismiss on the period to

answer
The period to file an answer is interrupted or tolled by the
filing of a motion to dismiss.
Default
If any claimant FAILS TO PLEAD
Movant may file his answer within the remaining

period to answer
Shall not be less than 5 days in any event
Period shall be counted from the notice of denial of
the motion
o Same period applicable when a MTD is
denied a when a motion for Bill of
particulars under Rule 12 is denied
Answer
Court requires prior motion

Declaration of default is not mandatory on the part of
the Court
Each claimant is REQUIRED to serve a copy of his answer

upon the other conflicting claimants (Sec.5)
Because the litigation is between the conflicting

claimants
Plaintiff, in an interpleader, claims no interest in the
subject matter
Sec. 1 provides that interpleader is filed to compel
claimants to interplead and litigate their several
claims among themselves Not for plaintiff to
enforce or protect a right, prevent or redress a wrong
against him or seek an affirmative relief for himself.
When the court declares a claimant in default
The judgment to be rendered is specified in the rule

Judgment is one that bars him from any claim in
respect to the subject matter
Reply
Under Sec. 5
Each claimant shall file his answer setting forth his claim
Within the time fixed

Court may (on motion)
Declare him in default
Then render judgment barring him in any claim in
respect to the subject matter
Court CANNOT declare motu propio
If motion is DENIED
Answer shall set forth the claim of the answering

claimant
Each of the claimants shall file his answer which

shall set forth his claim within 15 days from the
service of summons upon him
A copy of the answer shall be served by each
claimant upon each other
Claimant served with the answer may file his reply to
the same
o Not mandatory
Within 15 days from service of the summons upon

him
Serving a copy upon each of the other conflicting
claimants
Other pleadings
May file:
Counterclaims
Cross-claims
Third party complaints
Responsive pleadings
Court shall determine the respective rights of the claimants

and shall adjudicate the several claims:
After the pleadings of the conflicting claimants have

been filed
The pre-trial has been conducted
Pre trial
Conducted in accordance with the rules
Determination; adjudication

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What are the requirements for an interpleader action?

What are the requirements for an interpleader action?

What are some examples of when an interpleader action would be improper?

What are some examples of when an interpleader action would be improper?

INTERPLEADER (Rule 62)

As for debtor or lessees regarding the payment of a

The remedy is afforded NOT to protect a person

An interpleader allows a person to pass the legal

Meaning of interpleader; purpose

It is filed by a person against whom

Requisites for an interpleader

2 or more claimants w/ adverse or conflicting

When interpleader is proper ; when filed

It may arise if a person has a property in custody but

It may arise when one has an obligation to do an act

The person upon whom the conflicting claims are

If the court orders the claimants to litigate among

Under the Civil Code:

Payment to wrong person is not a valid payment &

Hence, if there are conflicting claimants regarding

Court with jurisdiction:

If the action is a personal property valued at:

Court with jurisdiction

not more than 300K outside Metro Manila

not more than 20K outside Metro Manila

One incapable of pecuniary estimation RTC

Person who files the complaint:

Brought by the person against whom conflicting

Summons shall be served

Interpleader distinguished from intervention

Pays the docket fees and other lawful fees

Summons; order to interplead

Commenced by the filing

Payment of docket fees; lien

Real property MTC

Defendants are brought

Upon the conflicting claimants

Impropriety of the interpleader action

Ground for impropriety of the filing of a complaint

Effect of the filing of a motion to dismiss on the period to

Movant may file his answer within the remaining

Court requires prior motion

Each claimant is REQUIRED to serve a copy of his answer

Because the litigation is between the conflicting

When the court declares a claimant in default

The judgment to be rendered is specified in the rule

Within the time fixed

Court CANNOT declare motu propio

Answer shall set forth the claim of the answering

Each of the claimants shall file his answer which

Within 15 days from service of the summons upon

Court shall determine the respective rights of the claimants

After the pleadings of the conflicting claimants have

Conducted in accordance with the rules

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