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    What Are The Special Civil Actions? Rules 62 To 71

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    Boy Omar Garangan Datudacula
    This document defines and distinguishes between different types of civil actions under Philippine law. It explains that civil actions can be ordinary or special, with special civil actions governed by additional specific rules under Rules 62 to 71. These special civil actions include interpleader, declaratory relief, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure of mortgage, partition, forcible entry, unlawful detainer, and contempt. Civil actions can also be in personam, in rem, or quasi in rem, depending on whether they are directed against a specific defendant or against property. Real actions involve issues of title or ownership of real property, while personal actions involve other issues like contracts.

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    What Are The Special Civil Actions? Rules 62 To 71

    Uploaded by

    Boy Omar Garangan Datudacula
    45 views2 pages
    This document defines and distinguishes between different types of civil actions under Philippine law. It explains that civil actions can be ordinary or special, with special civil actions governed by additional specific rules under Rules 62 to 71. These special civil actions include interpleader, declaratory relief, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure of mortgage, partition, forcible entry, unlawful detainer, and contempt. Civil actions can also be in personam, in rem, or quasi in rem, depending on whether they are directed against a specific defendant or against property. Real actions involve issues of title or ownership of real property, while personal actions involve other issues like contracts.

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    Civil Action

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    Civil Action

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    This document defines and distinguishes between different types of civil actions under Philippine law. It explains that civil actions can be ordinary or special, with special civil actions governed by additional specific rules under Rules 62 to 71. These special civil actions include interpleader, declaratory relief, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure of mortgage, partition, forcible entry, unlawful detainer, and contempt. Civil actions can also be in personam, in rem, or quasi in rem, depending on whether they are directed against a specific defendant or against property. Real actions involve issues of title or ownership of real property, while personal actions involve other issues like contracts.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    45 views2 pages

    What Are The Special Civil Actions? Rules 62 To 71

    Uploaded by

    Boy Omar Garangan Datudacula
    This document defines and distinguishes between different types of civil actions under Philippine law. It explains that civil actions can be ordinary or special, with special civil actions governed by additional specific rules under Rules 62 to 71. These special civil actions include interpleader, declaratory relief, certiorari, prohibition, mandamus, quo warranto, expropriation, foreclosure of mortgage, partition, forcible entry, unlawful detainer, and contempt. Civil actions can also be in personam, in rem, or quasi in rem, depending on whether they are directed against a specific defendant or against property. Real actions involve issues of title or ownership of real property, while personal actions involve other issues like contracts.

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    © All Rights Reserved
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    1.

    Civil Action
     one by which one party sues another, based on a cause of action, to enforce or protect a
    right, or to prevent or redress a wrong, whereby the defendant has performed an act or
    omitted to do an act in violation of the rights of the plaintiff. (Sec. 3a)
     The purpose is primarily compensatory.

    Special Civil Action


     one by which one party sues another to enforce or protect a right, or to prevent or
    redress a wrong.
     It is also governed by the rules for ordinary civil actions but there are certain rules that
    are applicable only to specific special civil actions.
     The fact that an action is subject to special rules other than those applicable to ordinary
    civil actions is what makes a civil action special.
    What are the special civil actions?
    Rules 62 to 71:
      Interpleader,
      Declaratory Relief,
      Certiorari, Prohibition, Mandamus,
      Quo Warranto,
      Expropriation,
      Foreclosure of Mortgage,
      Partition,
      Forcible Entry, Unlawful Detainer and
      Contempt.
    In case of conflict between the specific rule governing a particular type of civil action and the
    ordinary, then you follow the specific provision. But if the rules on special civil actions are silent,
    apply the ordinary rules.

    Special proceeding- a remedy by which a party seeks to establish a status, a right, or a particular
    fact.

    In personam
     one filed against a definite defendant.
     Jurisdiction over the person (defendant) is required.
     The purpose is to impose through the judgment of a court, some responsibility or
    liability directly upon the person of the defendant.
     No other than the defendant is liable, not the whole world, as in an action for a sum of
    money or an action for damages.

    In rem
     one instituted and enforced against the whole world.

    Quasi in rem
     also brought against the whole world, is one brought against persons seeking to subject
    the property of such persons to the discharge of the claims assailed.
     An individual is named as defendant and the purpose of the proceeding is to subject his
    interests therein to the obligation or loan burdening the property.

    “Actions in personam and actions in rem differ in that the former are directed against specific persons and seek
    personal judgments, while the latter are directed against the thing or property or status of a person and seek
    judgments with respect thereto as against the whole world.”

    Real Action
     an action where the issue or the subject involved is title to, ownership, possession of or
    interest over a real property like accion publiciana, forcible entry, unlawful detainer,
    foreclosure of mortgage or real property, partition of real property.
     founded on privity of real estate and filed in the court of the place where the property
    or any part thereof is situated. (Local)

    Personal
     All other actions or, when the issue is not one of those – meaning, it is founded on
    privity of contract, or on quasi-delict, such as actions for a sum of money, or damages
    arising from breach of a contract, or for the enforcement or resolution of a contract, or
    for recovery of personal property.
     It is filed in the court where the plaintiff or any of the defendants resides, at the option
    of the plainitff. (Transitory)

    2. The Rules of Court shall not apply in election cases, land registration, cadastral, naturalization,
    insolvency proceedings and other cases not herein provided for except by analogy.

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