RULE 62 |1

RULE 62 e. If the subject matter is incapable of pecuniary

INTERPLEADER estimation. (Exclusive Original Jurisdiction of
RTC)
2. Municipal Trial Court; and
SECTION 1. WHEN INTERPLEADER PROPER. Whenever
a. Where the value of the claim or personal
conflicting claims upon the same subject matter are or may be
property does not exceed 300,000 outside
made against a person who claims no interest whatever in the
Metro Manila; and
subject matter, or an interest which in whole or in part is not
b. Where the value of real property does not
disputed by the claimants, he may bring an action against the
exceed 20,000 outside Metro Manila
conflicting claimants to compel them to interplead and litigate
3. Metropolitan Trial Court
their claims among themselves.
a. Where the value of the claim or personal
WHAT IS AN INTERPLEADER (MEANING)? property does not exceed 400,000 in Metro
Manila; and
The action of interpleader is a remedy whereby a person who b. Where the value of real property does not
has a personal property in his possession, or an obligation to exceeds 50,000 in Metro Manila
render wholly or partially, without claiming any right in both,
comes to the court and asks that the persons who claim the As to Venue:
said personal property or who consider themselves entitled to
GR. Governed by the general rules on venue. (Rule 4 of 1997
demand compliance with the obligation, be required to litigate
Rules on Civil Procedure)
among themselves, in order to determine finally who is
entitled to one thing or the other thing. (Alvarez v. ETR. Unless otherwise provided.
Commonwealth.)
Rules on venue
Notes:
1. Where the subject matter is a real property:
1. The remedy is afforded to protect the plaintiff- In court which has jurisdiction over the area wherein
interpleader against a double vexation in respect in the real property involved, or a portion thereof, is
one liability. situated.
2. Complaint of interpleader – the pleading which (Rule 4, Section 1)
initiates the action. 2. Where the subject matter is a personal property:
At the option of the plaintiff,
HOW AN INTERPLEADER BE INITIATED?
a. where the plaintiff or any of the principal plaintiff
By filing a complaint for interpleader before the court of resides; or
competent jurisdiction. b. where the defendant or any of the principal
defendants resides.
WHO ARE THE PARTIES TO THE COMPLAINT FOR (Rule 4, Section 2)
INTERPLEADER?
WHEN AN INTERPLEADER IS PROPER?
The parties to an interpleader are the following:
WHAT ARE THE INDESPENSABLE ELELMENTS OR
a. Plaintiff-in-interpleader – the party initiating the REQUIREMENTS OF AN INTERPLEADER?
litigation.
b. Claimants-in-interpleader – they are the defendants 1. There is a conflicting claims
having a possible interest in the subject matter of 2. The conflicting claims are upon the same subject
the case. matter
Note: They are plaintiffs and defendants against 3. Such conflicting claims are made or may be made
each other as they are compelled to litigate their against a person
several claims among themselves. 4. Such person has no interest whatever in the subject
matter or an interest which in whole or in part is not
WHAT IS THE JURISDICTION AND VENUE OF THE COMPLAINT disputed by the claimants.
FOR INTERPLEADER?
Rule 62 Section 1 means that there is a party, against whom a
As to Jurisdiction: Depending on the assessed value of the conflicting claims are asserted, who claims:
property, personal and real, involved, jurisdiction lies with
the: a. no interest whatsoever in whole or in part upon the
same subject matter; or
1. Regional Trial Court; b. an interest which in whole or in part is not disputed
a. Where the value of the claim or personal by the claimants.
property exceeds 300,000 outside Metro
Manila; AGAINST WHOM AN ACTION TO BE FILED AND BY WHOM?
b. Where the value of the claim or personal
1. Filed by the party against whom a conflicting claims
property exceeds 400,000 in Metro Manila;
are asserted.
c. Where the value of real property exceeds
2. Filed against the conflicting claimants.
20,000 outside Metro Manila;
d. Where the value of real property exceeds WHAT IS THE PRUPOSE OF FILING THE ACTION AGAINST
50,000 in Metro Manila; and CONFLICTING CLAIMANTS?
 RULE 62 |2

1. To compel the conflicting claimants to interplead and What is the effect of non-filing of action of interpleader
litigate their several claims among themselves. within reasonable time?
2. To protect a person against double vexation in
GR. He may be barred by laches or undue delay.
respect of one liability and not against double liability.
ETR. But where he acts with reasonable diligence in view of the
WHAT ARE THE CASES WHEN INTERPLEADER IS PROPER?
environmental circumstances, the remedy is not barred.
Interpleader is proper in the following cases:
NOTE: The rule prevails that the action cannot be resorted to
1. When the lessee does not know to whom, payment of after an unsuccessful trial against one of the claimants.
rentals should be made due to conflicting claims on the
WHAT ARE THE DISTINCTIONS BETWEEN INTERPLEADER AND
property. (or on the right to collect)
INTERVENTION?
2. Whereby a person who has a property whether personal
or real, in his possession, or an obligation to render wholly INTERPLEADER INJTERVENTION
or partially, without claiming any right in both, or claims NATURE AND It is an original it is an ancillary action.
an interest which in whole or in part is not disputed by the COMMENCEMENT action.
conflicting claimants, comes to the court and ask that that OF THE ACTION It is commenced by
the persons who claim the said property or who consider It is commenced filing a motion to
themselves entitled to demand compliance with the by filing a intervene at any time
obligation, be required to litigate among themselves, in complaint. before rendition of
order to determine finally who is entitled to one or the judgment by the trial
other thing. court.
3. Where a personal property is seized under a search WHO CAN FILE? The plaintif-in- Those who can
interpleader intervene are as
warrant and it appears that the seizure will not be
who claims no follows who has:
followed by the filing of any criminal action, but there are
interest a. a legal interest in
conflicting claims asserted over the seized property. whatever in the the matter of
4. The interpleader suit filed by a bank on the claims on the subject matter litigation;
check. or an interest b. interest in the
5. In case a sheriff who finds himself puzzled by conflicting which in whole success of either of
claims to a property seized by him or in part is not the parties;
6. Interpleader of adverse claimants under Section 17 of The disputed by the c. an interest against
Warehouse Receipts Law (Act No. 2137). claimants. both; or
- If more than one person claims title or d. is so situated as to
possession of the goods, the warehouseman adversely affected
may, either as a defense to an action brought by the distribution
against him for non-delivery of the goods or as an or disposition of
property in the
original suit, whichever is appropriate, require all
custody of the
know claimants to interplead.
court or of an offer
7. In case of a life insurance where the insured dies and there thereof.
is a dispute over who should receive the proceeds. The THE ACTION IS The defendants The defendants are
insurance company can file an interpleader action. FILED AGAINST (claimants-in- original parties to the
WHOM? interpleader or pending suits.
conflicting
WHAT ARE THE CASES WHEN INTERPLEADER IS PROPER? claimants) are
being sued to
Interpleader was not proper in the following cases: compel them to
interplead and
1. Where the conflicting claims are not against the litigate their
plaintiff i.e. the conflicting claims are between the several claims
defendants among
2. Where the conflicting claims are not upon the same themselves.
subject matter. WHAT ARE THE 1. Complaint-in- 1. Complaint-in-
PLEADINGS FILED? interpleader; intervention – if
WHEN TO FILE AN ACTION IN INTERPLEADER? 2. Answer; the intervenor
3. Counterclai asserts a claim
"Within reasonable time”
ms; against either or all
A stakeholder should use reasonable diligence to hale the 4. cross-claims; of the original
contending claimants to the court. He need not await 5. third-party parties; or
actual institution of independent suits against him before complaints; 2. Answer-in-
filing a bill of interpleader. He should file an action of and intervention – if he
6. responsive unites with
interpleader within reasonable after the dispute has arisen
pleadings defending party in
without awaiting to be sued by either of the contending
thereto. resisting claim
claimants. PERID TO FILE AN 15 days from the GR. 15 days form the
ANSWER service of notice of the order
summons
 RULE 62 |3

admitting the 2. If the interests of justice so require, the court may

intervention direct in such order that the subject matter be paid or
ETR. unless a different delivered to the court.
period is fixed by the
court. SECTION 3. SUMMONS. Summons shall be served upon the
TO WHOM THE The answer is Answer to the conflicting claimants. Together with a copy of the complaint
ANSWER IS served to the: complaint-in- and order.
SERVED? 1. plaintiff-in- intervention is served
interpleade to the intervenor who TO WHOM SUMMONS SHALL BE SERVED AND WHAJT ARE
r; and filed the complaint-in- THE ACCOMPANYING DOCUMENTS?
2. each of the intervention.
The summons shall be served upon the upon the conflicting
conflicting
claimants claimants with a copy of the complaint and order.
JURISDICTION Depending on Filed where the NOTES:
the nature of the original action is
property and its pending. 1. The purposes of the service of the summons to the
assessed value conflicting claimants is for the court to acquire
filed at the first jurisdiction over their persons.
instance with: 2. The rules on summons under Rule 14 is applicable.
1. Regional
Trial Court; SECTION 4. MOTION TO DISMISS. Within the time of filing of
2. Metropolita an answer, each of the conflicting claimant may file a motion
n Trial to dismiss on the ground of impropriety of the interpleader
Court; or action or on other appropriate grounds specified in Rule 16.
3. Municipal The period to answer shall be tolled and if the motion is
nTrial denied, the movant may file his answer within the remaining
Coaurt
period, but which shall not be less than five days in any event,
WHAT IS THE Appeal the 1. Appeal the denial
reckoned from the notice of denial.
REMEDY IN CASE judgment being a final order;
OF DENIAL? or MOTION TO DISMISS IS FILED BY WHOM AND WHEN TO FILE
2. File a separate THE SAME?
action
WHAT IS THE RULE The court may, The court shall, upon Each of the claimants may file a motion to dismiss and within
IN CASE OF on motion motion of the claiming the time for filing an answer.
DEFAULT? declare the party with notice an
claimants in dproof of such failure WHAT ARE THE GROUNDS FOR MOTION TO DISMISS?
default and declare the party with
1. Impropriety of the interpleader action; or
thereafter notice and proof of
render such failure declare 2. Other appropriate ground specified in Rule 16.
judgment the party against WHAT IS THE EFFECT OF FILING MOTION TO DISMISS?
barring him from whom the complaint in
any claim in intervention was filed The period to file an answer shall be tolled.
respect of the in default and
subject matter. thereafter render WHAT IS THE EFFECT IF THE MOTION TO DISMISS IS DENIED?
judgment granting the
The movant may file his answer within the remaining period
relief as the pleaing
may warrant unless but which shall not be less than five (5) days in any event,
the court in its reckoned from notice of denial.
discretion requires the
SECTION 5. ANSWER AND OTHER PLEADINGS. Each claimant
claimant to submit
shall file his answer setting forth his claim within fifteen (15)
evidence
days from service of the summons upon him serving a copy
thereof upon each of the other conflicting claimants who may
SECTION 2. ORDER. Upon the filing of the complaint the court file their reply thereto as provided by these Rules. If any
shall issue an order requiring the conflicting claimants to claimant fails to plead within the time herein fixed, the court
interplead with one another. If the interests of justice so ma y, on motion declare him in default and thereafter render
require, the court may direct in such order that the subject judgment barring him from any claim in respect to the subject
matter be paid or delivered to the court. matter.

WHAT IS THE COURT ACTION UPON FILING OF THE
COMPLAINT FOR INTERPLEADER?
The court shall issue an order requiring the conflicting
claimants:
The parties in an interpleader action may file counterclaims,
cross-claims, third party complaints and responsive pleadings
thereto, as provided by these Rules.
WHAT PLEADING TO BE FILED?

1. To interplead with one another; Each claimant shall file his answer setting forth his claim.
 RULE 62 |4

WHEN TO FILE AN ANSWER? 1. After the pleadings of the conflicting claimants have
been filed,
Within fifteen (15) days from service of the summons upon
2. Pre-trial has been conducted in accordance with the
him.
Rules,
TO WHOM ANSWER SHALL BE SERVED? 3. Then the court shall proceed to determine the
respective rights and adjudicate the several claims of
Answer shall be served to the: the conflicting claimants.
1. plaintiff-in-interpleader; and SECTION 7. DOCKET AND OTHER LAWFUL FEES, COSTS AND
2. upon each of the conflicting claimants LITIGATION EXPENSES AS LIENS. The docket and lawful fees
- who may file their reply to the answer as paid by the party who filed a complaint under this Rule, as well
provided by these rules. as the costs and litigation expenses, shall constitute a lien or
charge upon the subject matter of the action, unless the court
WHAT IS THE EFFECT OF FAILURE TO PLEAD WITHIN THE
shall order otherwise.
REQUIRED PERIOD?
WHAT IS THE PURPOSE OF THE DOCKET FEE, COSTS, AND
If any claimant fails to plead within the time herein fixed, the
LITIGATION EXPENSES?
court may, on motion:
GR. They shall constitute as lien and charge upon the subject
1. declare him in default; and
matter of the action.
2. thereafter render judgment barring him from any
claim in respect to the subject matter. ETR. unless the court shall order otherwise.
WHAT ARE THE OTHER PLEADINGS ALLOWED TO BE FILED? NOTES:
The parties in an interpleader action may file: 1. Section 7 only aims to actually compensate the
complainant-in-interpleader.
1. counterclaim;
2. Since, the defendants-in-interpleader are actually the
2. cross-claims
ones who make a claim, then to them devolves the
3. third party complaints; and
duty to pay the docket fees prescribed under Rule
4. responsive pleadings thereto as provided by these
141.
rules.

NOTE: In special civil action of interpleader, each of the

conflicting claimants are being served with the answer.

Reason: The conflicting claimants are actually the parties

litigating the conflicting claimants.

WHAT IS THE EFFECT OF FAILURE TO FILE A COMPULSORY

COUNTERCLAIM?

GR. The defendant having failed to set up such alternative

defenses bars a subsequent action based upon an unpleaded
defense, or any cause of action.

ETRs.

1. that of failure of the complaint to state cause of

action; and
2. lack of jurisdiction of the court.

NOTES:

1. The determination of the issue joined by the parties

constitutes res judicata.
2. The failure to set up a compulsory counterclaim bars
the right to braise it in a subsequent litigation.
3. ROC, Rule 9 Section 2 provides that compulsory
counterclaim not set up is barred.

SECTION 6. DETERMINATION. After the pleadings of the

conflicting claimants have been filed, and pre-trial has been
conducted in accordance with the Rules, the court shall
proceed to determine their respective rights and adjudicate
their several claims.

WHEN WILL THE COURT DETERMINE AND ADJUDICATE THE

RIGHTS OF THE CONFLICTING CLAIMANTS?