I.SPECIAL CIVIL ACTIONS (Rules 62 71)Ordinary i!il a"i#ns !ersus s$eial i!ila"i#ns (1) Although both types of actions are governed bythe rules for ordinary civilactions, there are certainrules that are applicable only to specific special civilactions (Sec. 3[a], Rule 1). The fact that an action issubject to special rules other than those applicable toordinarycivil actionsiswhat makesacivil actionspecial.()Anordinarycivil actionmust bebasedonacause of action (Sec. 1, Rule 2). This means that thedefendant must have performed an act or omitted todo an act in violation of the rights of another (Sec. 2,Rule 2). These definitions do not fit the re!uirementsof a cause of action in certain specialcivilactions.The cause of action as defined and re!uired of anordinary civil action finds no application to the specialcivilaction of declaratory declaratory relief. "n findsno application also in a complaint for interpleader. "nthis action, the plaintiff may file a complaint even ifhe has sustained no actual transgression of hisrights. "nfact, heactually has nointerest inthesubject matter of theaction. Thisisnot soinanordinary civil action.(#)$rdinarycivil actionsmaybefiledinitiallyineither the%T&of the 'T&dependinguponthejurisdictional amount or the nature of the actioninvolved.$ntheother hand, there are specialcivilactions which can only befiled in an%T&like theactions for forcible entry and unlawful detainer. Thereare also special civil actions which cannot becommenced in the %T&, foremost of which are thepetitions for certiorari, prohibition, and mandamus.(()The venue in ordinary civil actions isdeterminedbyeither theresidenceof thepartieswhere the action is personal or by the location of thepropertywheretheactionisreal. Thisdichotomydoes not always apply to a specialcivilaction. )orinstance, the venue in a petition for quo warranto iwwherethe*upreme&ourt orthe&ourt ofAppealssitsif thepetitioniscommencedinanyof thesecourtsandwithout takingintoconsiderationwheretheparties reside. "t is only whenthepetitionislodged with the 'T& that the residence is consideredin venue analysis. +hile in ordinary civilactions theresidences of both the plaintiff and the defendant arefactored in the determination, a petition forquowarrantofailedinthe'T&merely looksintotheresidence of the respondent, not that of thepetitioner. ,ut if it is the *olicitor -eneral whocommences the action, another special rule isfollowed because the petition may only becommencedinthe'T&in%anila, inthe&ourt ofAppeals or in the *upreme &ourt.(.)+hile ordinary civil actions when filed aredenominated as /complaints0, some special civilactions are not denominated as such but /petitions0. (a)*pecial civilactions initiated by filing of aPetition1 2eclaratory relief other than similar remedies3 'eviewof adjudicationof the&$%454&and&$A3 Certiorari, prohibition and mandamus3Quo warranto3 and&ontempt(b)*pecial civil actions initiated by filing of aComplaint1"nterpleader346propriation3)oreclosure of real estate mortgage37artition3 and)orcible entry and unlawful detainer. 8urisdiction and venue(1) The subject matter of a petition for declaratoryrelief raises issues which are not capable ofpecuniary estimation and must be filed with the'egional Trial &ourt(Sec. 1[1], !P12" Sec. 1,Rule #3). "t would be error to file the petition with the*upreme &ourt which has no originaljurisdiction toentertain a petition for declaratory relief($ntiedResidents o% &ominican 'ill(s. Commission on t)eSettlement o% *and Pro+lems, 3,3 SCR- ./2"0rte1a(s. Que2on Cit3 4o(ernment, 5#SCR-3//).In"er$leader (Rule 62)(1)"nterpleaderis apersonwhohaspropertyinhis possession or an obligation to render, wholly orpartially without claiming any right therein, or aninterest in which in whole or in part is not disputed bytheclaimants, comes tocourt andasks that thepersons who consider themselves entitled todemand compliance with the obligation be re!uiredtolitigateamongthemselvesinordertodeterminefinally who is entitled to the same.()"nterpleader is a specialcivilaction filed by aperson against whomtwo conflicting claims aremade upon the same subject matter and over whichheclaimsnointerest, tocompel theclaimantstointerplead and to litigate their conflicting claimsamong themselves (Sec. 1).Re%uisi"es r in"er$leader(1)Theremust betwoor moreclaimantswithadverseor conflictingintereststoapropertyinthecustody or possession of the plaintiff3() The plaintiff in an action for interpleader has noclaim upon the subject matter of the adverse claimsor if hehasaninterest at all, suchinterest isnotdisputed by the claimants3(#) The subject matter of the adverse claims mustbe one and the same3 and(()Thepartiesimpleadedmust makeeffectiveclaims.'(en "# &ile(1)+henever conflictingclaimsuponthesamesubject matter are or may be made against a personwho claims no interest whatever in the subjectmatter, or an interest which in whole or in part is notdisputedbytheclaimants, hemaybringanactionagainst the conflicting claimantsto compelthem tointerpleadandlitigatetheir several claimsamongthemselves (Sec. 1). )elara"#ryRelie&sandSi*ilarRe*edies(Rule6+)(1)Anactionfor declaratoryrelief isbrought tosecureanauthoritativestatement oftherightsandobligations of the parties under a contract or astatute for their guidance in the enforcement orcompliancewiththesame(6eralco(s. P)ilippineConsumers 7oundation, 3.5 SCR- 2#2). Thus, thepurpose is to seek for a judicialinterpretation of aninstrument or for a judicial declaration of a person9srights under a statute and not to ask for affirmativereliefslikeinjunction, damagesor anyother reliefbeyond the purpose of the petition as declared underthe 'ules.() The subject matter in a petition for declaratoryrelief is any of the following1(a) 2eed3(b) +ill3(c) &ontract or other written instrument3(d) *tatute3(e) 46ecutive order or regulation3(f)$rdinance3 or(g) Any other governmental regulation (Sec. 1).(#) The petition for declaratory relief is filed beforethereoccursanybreachor violationof thedeed,contract, statute, ordinanceor e6ecutive order orregulation. "t will not prosperwhenbrought afteracontract or a statute has already been breached orviolated. "f therehasalreadybeenabreach, theappropriate ordinary civilaction and not declaratoryrelief should be filed. '(# *ay &ile "(e a"i#n(1)Any person interested under a deed, will,contract or other written instrument or whose rightsare affected by a statute, e6ecutive order orregulation, ordinance or other governmentalregulationmaybeforebreachor violationthereof,bring an action in the 'T& to determine any !uestionof construction or validity arising and for adeclaration of his rights or duties, thereunder(Sec.1).() Those who may sue under the contract shouldbethosewithinterest under thecontract liketheparties, the assignees and the heirs as re!uired bysubstantive law (-rt. 1311, Ci(il Code).(#) "f it be a statute, e6ecutive order, regulation orordinance, thepetitioner is onewhoserights areaffectedbythesame(Sec. 1, Rule#3).Theotherparties are all persons who have or claimanyinterest which would be affected by the declaration.The rights of person not made parties to the actiondonot standtobeprejudicedbythedeclaration(Sec. 2). Re%uisi"es #& a"i#n r delara"#ry relie&(1)The subject matter must be a deed, will,contract or other written instrument, statute,e6ecutive order or regulation or ordinance3()Thetermsof saiddocument or thevaliditythereof are doubtful and re!uire judicial construction3(#)There must have been no breach of saiddocument3(() There must be actual justiciable controversy orthe ripening seeds of one( there is threatenedlitigation the immediate future)3 there must beallegation of any threatened, imminent and inevitableviolation of petitioner9s right sought to be preventedby the declaratory relief sought3(.)Thecontroversyisbetweenpersonswhoseinterests are adverse3(:)The issue must be ripe for judicialdeterminatione.g. administrativeremediesalreadye6hausted3(;)The party seeking the relief has legalinterestin the controversy3 and(