COMAPARATIVE TABLE ON THE SPECIAL CIVIL ACTIONS
DEFINITION PURPOSE
Interpleader is a special civil remedy where a person who has
property in his possession or an obligation to perform, either
wholly or partially, but who claims no interest in the subject, in
INTERPLEADER whole or in part, is not disputed by the others, goes to court and
asks that conflicting claimants to the property or obligation be
required to litigate among themselves in order to determine
finally who is entitled to the same
In Declaratory Relief, the subject matter is a deed, will, contract, or
other written instrument, statute, executive order, or regulation,
DECLARATORY
or ordinance. The issue is the validity or construction of the
RELIEF
subject matter and the relief sought is declaration of the
petitioner’s rights and duties
REVIEW OF The aggrieved party may bring a judgment or final order or
JUDGMENTS OF resolution of the COMELEC and COA to the SC on certiorari under
COMELEC AND COA Rule 65, pursuant to Rule 64
Writ of Certiorari is a writ emanating from a superior court
directed against an inferior court, tribunal, or officer exercising
CERTIORARI
judicial or quasi-judicial functions. The purpose of which is to
correct errors of jurisdiction.
Writ of Prohibition is a writ issued by a superior court and
directed against an inferior court, board, officer or other person
PROHIBITION whether exercising judicial, quasi-judicial, or ministerial functions
for the purpose of preventing the latter from usurping jurisdiction
with which it is not legally vested.
Writ of Mandamus is a writ issued in the name of the State, to an
inferior tribunal, corporation, board, or person, commanding the
MANDAMUS
performance of an act which the law enjoins as a duty resulting
from an office, trust, or station.
Quo Warranto literally means “by what authority”. It is a
prerogative writ by which the government can call upon any
QUO WARRANTO person to show by what warrant he holds a public office or
exercises a public franchise.
Eminent Domain is the right and authority of the State, as
sovereign, to take private property for public use upon observance
EXPROPRIATION of due process and payment of just compensation. It is a
government’s right to appropriate, in the nature of a compulsory
sale to the State, private property for public use or purpose.
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SUBJECT MATTER AND RELIEF SOUGHT
Under the present rule, the remedy is available
regardless of the nature of the subject matter,
To protect a person not against double
which may either be real or personal property
liability but against double vexation in
respect of one’s liability
The conflicting claimants to compel them to
interplead and litigate their several claims
among themselves.
The subject matter is a deed, will, contract, or
To relieve the litigants of the common law
other written instrument, statute, executive
rule that no declaration of rights may be
order, or regulation, or ordinance;
judicially adjudged unless a right has been
ISSUE is the validity or construction of the
violated and for the violation of which
subject matter
relief may be granted.
RELIEF: declaration of the petitioner’s rights and
duties
Judgments, final orders, or resolutions of the
To review decisions of COMELEC and COA
COMELEC and COA. Relief is review.
That the judgment, order, resolution, subject of
To annul or nullify a proceeding the petition be annulled or modified
That the respondent be ordered to desist from
To have respondent desist from further further proceedings in the action or matter
proceeding specified in the petition
That the respondent, immediately or at some
other time to be specified by the court, do the act
For respondent to: (1) Do the act required,
required to be done to protect the petitioner’s
and (2) Pay damages
rights, and to pay the damages sustained by the
petitioner by reason of respondent’s wrongful
acts
It is a prerogative proceeding or writ
The subject matter of a quo warranto may be a
issued by the court to determine the right
public office, franchise, or position.
to the use or exercise of an office, position,
To oust the person holding or exercising such
or franchise and to oust the person
office, position, or franchise, if his right is
holding or exercising such office, position,
unfounded or if he had forfeited his right to enjoy
or franchise, if his right is unfounded or if
the privilege
he had forfeited his right to enjoy the
privilege
Subject Matter of Expropriation: All properties
can be expropriated.
To acquire private property to be used for
EXCEPT: Money and Choses in action
public purpose by the State
Property devoted to public use may be
expropriated
 Foreclosure of Mortgage is a proceedings in a court of justice
conducted according to legal forms by which the mortgagee or his
JUDICIAL
successors or one who has by law succeeded to the rights and Subject Matter: Real estate mortgage
FORECLOSURE OF To satisfy mortgagor’s debt to the
liabilities of the mortgagee undertakes to dispose of, to ban, to cut- Relief sought: Satisfaction of Mortgagor’s debt by
REAL ESTATE mortgagee
off the legal and equitable claims of lien holders or of the applying the proceeds of the foreclosure sale
MORTGAGE
mortgagors or those who have succeeded to the rights and
liabilities of the mortgagor.
Real property owned in common is subject to
Partition is the process of dividing and assigning the property
To partition the property owned in partition. Personal property and estates
PARTITION owned in common among the various co-owners thereof in
common among the parties in interest comprising of personal and real properties may
proportion to their respective interests in said property
also be the subject of partition.
In forcible entry, one is deprived of physical possession of any
land or building by means of force, intimidation, threat, strategy,
Lands or Buildings may be the subject matter
FORCIBLE ENTRY or stealth. Summary action for recovery of physical
RELIEF: (1) Restitution of such possession; (2)
AND UNLAWFUL possession where the dispossession has
Together with damages and costs
DETAINER In unlawful detainer, one unlawfully withholds possession thereof not lasted for more than 1 year
after the expiration or termination of his right to hold possession
under any contract, express or implied
Used as a means to protect and preserve
Contempt of Court is disobedience to the court by acting in
the dignity of the court, the solemnity of
opposition to its authority, justice, and dignity. It signifies not only
the proceedings, and administration of Contumacious conduct.
a willful disregard of disobedience to the court’s orders but also
CONTEMPT justice Dependent on the nature of the contempt
conduct tending to bring the authority of the court and
Protection from callous misbehavior, proceedings
administration of law into disrepute, or, in some manner, to
offensive personalities, contumacious
impede the due administration of justice.
refusal to comply with court orders

JURISDICTION AND VENUE OF SPECIAL CIVIL ACTIONS

JURISDICTION
Personal Property:
1. MTC – if value not more than P300,000 outside Metro Manila, or not
more than P400,000 in Metro Manila (Sec. 33, BP129)
2. RTC – value exceeds P300,000 outside Metro Manila, or P400,000 in
Metro Manila, or if incapable of pecuniary estimation (Sec. 19, BP129)
INTERPLEADER
Real Property
1. MTC – assessed value not more than P20,000 outside Metro Manila or
not more than P50,000 in Metro Manila (Sec. 33, BP 129)
2. RTC – value exceeds P20,000 if outside Metro Manila, or P50,000 if in
Metro Manila, or incapable of pecuniary estimation (Sec. 19, BP129)
VENUE
Rule 4 applies
If the action affects title to or possession of real property
Venue is where the real property involved or a portion thereof is situated
All other actions—At the election of the plaintiff
1. Where plaintiff or any of the principal plaintiffs reside; or
2. Where defendant or any of the principal defendants resides; or
3. In case of an non-resident, where he may be found
Rule 4 applies

GENERAL RULE: In the appropriate RTC If the action affects title to or possession of real property
Venue is where the real property involved or a portion thereof is situated
DECLARATORY
EXCEPTION: Where the action is for reconveyance, cancellation or quieting of
RELIEF
title to real property, jurisdiction will depend on the assessed value of the All other actions—At the election of the plaintiff
property 1. Where plaintiff or any of the principal plaintiffs reside; or
2. Where defendant or any of the principal defendants resides; or
3. In case of an non-resident, where he may be found

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