SPECIAL CIVIL ACTIONS OVERVIEW

NATURE OF SPECIAL CIVIL ACTIONS

Since a civil action in general is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a
wrong [Sec. 3(a), Rule 1], a special civil action is generally brought or filed for the same purpose.

ORDINARY CIVIL ACTIONS v. SPECIAL CIVIL ACTIONS

Ordinary Civil Action Special Civil Action

Cause of Action
It is based on a cause of action (Sec. 1, Rule 2) Not all special civil actions are based on a cause of action, i.e.
declaratory relief (Rule 63) and interpleader (Rule 62).

Declaratory relief – action is brought before there is breach.

Interpleader – plaintiff files a complaint even if he has sustained no

actual transgression of his rights (Riano, 2012).
Venue
Determined by either the residences of the parties where the action The venue of special civil actions is governed by the general rules on
is personal or by location of the property where the action is real. venue, except as otherwise indicated in the particular rule for said
special civil action. Thus, actions for certiorari, prohibition and
mandamus should be commenced in the proper Regional Trial Court,
but the same may, in proper cases, be commenced in the Supreme
Court or Court of Appeals (Sec. 4, Rule 65); and special rule of venue
is provided for quo warranto proceedings
(Sec. 7, Rule (Regalado, 2008).
Jurisdiction

May be filed initially in either the Municipal Trial Court or Regional There are special civil actions which can only be filed in a Municipal
Trial Court depending upon the jurisdictional amount or nature of the Trial Court like the actions for forcible entry and unlawful detainer.
action involved (Riano, 2012). There are also special civil actions which cannot be commenced in
the Municipal Trial Court foremost of which are the petitions for
certiorari, prohibition and mandamus (Ibid).

JURISDICTION AND VENUE

Jurisdiction Venue
Interpleader MTC – where the value of the claim or the Where the plaintiff or any of the principal
(Rule 62) personal property does not exceed P300,000 plaintiff resides or where the defendant or
outside Metro Manila or P400,000 in Metro any of the principal defendants resides at the
Manila or where the value of the real property option of the plaintiff (Sec. 2, Rule 4).
does not exceed P20,000 outside Metro
Manila or P50,000 in Metro Manila NOTE: The venue of special civil actions is
governed by the general rules on venue,
RTC – if the value exceeds the above except as otherwise indicated in the particular
amounts or if the subject matter is exclusively rule for said special civil action.
within the jurisdiction of the RTC

[Judiciary Act of 1980; Secs. 19(2) and 33(3),

BP Blg. 129, as amended by RA 7691]
Declaratory Relief and Similar Reliefs Declaratory relief – RTC Where the petitioner or the respondent
(Rule 63) resides at the election of the petitioner (Sec.
Similar reliefs: 2, Rule 4).
MTC - where the value of the real property
does not exceed P20,000 outside Metro
Manila or P50,000 in Metro Manila

RTC – if the value exceeds the above

amounts or if the subject matter is exclusively
within the jurisdiction of the RTC

NOTE: It would be error to file the petition

with the SC which has no original jurisdiction
to entertain a petition for declaratory relief
(Tano v. Socrates, G.R. No. 110249, August
14, 1997).
Review of Judgments of COMELEC and COA Supreme Court on certiorari under Rule 65 Supreme Court
(Rule 64 in relation to Rule 65)

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 Certiorari, Prohibition, Mandamus 1. RTC 1. RTC, if it is directed against a municipal
(Rule 65) 2. CA trial court, corporation, board, an officer
3. SC or a person;
4. Sandiganbanyan, COMELEC in aid 2. CA or with the SB, whether or not the
of their appellate jurisdiction (A.M. same is in aid of the court’s appellate
No. 07-7-12-SC). jurisdiction;
3. If the petition involves an act or an
omission of a quasi-judicial agency,
unless otherwise provided by law or the
Rules, the petition shall be filed with and
be cognizable only by the Court of
Appeals;
4. In election cases involving an act or
omission of MTC/RTC, it shall be filed
exclusively with the COMELEC, in aid of
its appellate jurisdiction (Sec. 4, Rule
65).
Quo Warranto RTC, CA, SC (Sec. 7, Rule 66) With the SC, CA, or in the RTC exercising
(Rule 66) jurisdiction over the territorial area where the
SB in aid of its appellate jurisdiction (PD 1606, respondent or any of the respondents
as amended by RA No. 8249) resides. When the Solicitor General
commences the action, it may be brought in
the RTC of the City of Manila, in the CA, or in
the SC (Sec. 7, Rule 66).

NOTE: Subject to the principle of Hierarchy

of Courts
Expropriation RTC (incapable of pecuniary estimation) Land: where the property is located Personal
(Rule 67) (Barangay San Roque v. Heirs of Pastor, G.R. property: the place where the plaintiff or
No. 138896, June 20, 2000) defendant resides, at the election of the
plaintiff (Sec. 2, Rule 4).
Foreclosure of Real Estate Mortgage RTC (incapable of pecuniary estimation). Where the land or any part thereof is located.
(Rule 68) (Barangay San Roque v. Heirs of Pastor, G.R. (Sec. 2, Rule 4)
No. 138896, June 20, 2000)
Partition RTC (incapable of pecuniary estimation) 1. Real property – where the property is
(Rule 69) (2000 Bar, as cited in Riano, 2012) located
2. Personal property – the place where the
plaintiff or defendant resides at the
election of the plaintiff (Sec. 13, Rule 69).
Unlawful Detainer MTC, MTCCs, MCTC, Metropolitan Trial Where the property is located because it is a
(Rule 70) Courts; covered by Rule on Summary real action (Ibid).
Procedure (Sec 3, RA 7691).
Contempt MTC, RTC, CA, SC Where the charge for indirect contempt has
(Rule 71) been committed against RTC or a court of
equivalent or higher rank, or against an
officer appointed by it, the charge may be
filed with such court.

Where such contempt has been committed

against a lower court, the charge may be filed
with the RTC of the place in which the lower
court is sitting; but the proceedings may also
be instituted in such lower court subject to
appeal to the RTC of such place (Sec. 5, Rule
70).

Special civil actions within the jurisdiction of the inferior courts(ICE)

1. Interpleader, provided the amount involved is within its jurisdiction
(Makati Development Corp. v. Tanjuatco, et al., G.R. No. L-26443, March 25, 1969);
2. Contempt (Secs. 1 and 4, Rule 71); and
3. Ejectment Suits (Sec. 88, R.A. 296; Rule 70)

Special Civil Actions

-real actions involving title to, possession of or any interest in real property may be filed in MTC or RTC depending on assessed value

Ordinary and Special Civil Actions

-cannot be combined because governed by special rules
-supplemented only by ordinary rules; Rule 2 Sec. 5

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As a rule, pleadings in ordinary civil actions need not be verified, except when otherwise specifically required by law or rule (Sec. 4, Rule 7). On
the other hand, certain special civil actions have to be verified, as a rule, like a complaint for expropriation (Sec. 1, Rule 67), the petitions for
certiorari (Sec 1, Rule 67), prohibition (Sec 2, Rule 65) and mandamus (Sec 3, Rule 65). An action for the usurpation of a public office, position
or franchise under Rule 66 on quo warranto, likewise, requires a verified petition brought in the name of the Republic of the Philippines (Sec 1,
Rule 66). A review of the judgments, resolutions and final orders of the COMELEC and COA under Rule 64 is brought to the Supreme Court by
way of a verified petition (Sec 5, Rule 64). In actions for forcible entry and unlawful detainer, all pleadings shall be verified (Sec 4, Rule 70). Also,
proceedings for indirect contempt, other than those initiated by the court against which the contempt was committed, shall be commenced by a
verified petition (Sec 4, Rule 71)

While the rule on default may apply to a special civil action like in interpleader if any claimant fails to plead (Sec 5, Rule 62), a failure to answer
the complaint in the special civil actions of forcible entry or unlawful detainer does not lead to a declaration of default. Instead, the court, motu
proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint (Sec 7, Rule 70). Note also
that, under Rule 70, a motion to declare the defendant in default is a prohibited motion. (Sec 13(b), Rule 70).

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