Rule 62 - Interpleader

RULE 62 - INTERPLEADER 1.
There must be two or more claimants with adverse or conflicting interests

to a property in the custody or possession of the plaintiff.
What is the purpose of interpleader?
The remedy is afforded not to protect a person against a double liability but 2. The plaintiff has NO CLAIM upon the subject matter of the adverse claims,
to protect him against a double vexation in respect of one liability. (Beltran or if he has an interest at all, such interest is NOT DISPUTED by the claimants.
vs. PHHC)
3. The subject matter of the adverse claims must be one and the same.
1. A classic example is that of a warehouseman who has custody of goods
claimed to be owned by two or more persons who do not have the same What court has jurisdiction over an interpleader case?
interests. He may file an action for interpleader for the court to determine
the rightful owner. The basis of the need to file an interpleader in the case 1. MTC - If the subject matter of the action is personal property, valued at
of a warehouseman is actually the substantive law provisions of the not more than P300,000.00 outside Metro Manila, and in Metro Manila, at
Warehouse Receipts Law. Under said law, where a warehouseman delivers not more than P400,000.00, the Municipal Trial Court has jurisdiction.
the goods to one who is not in fact entitled to possession, the
warehouseman shall be liable for conversion (Sec. 10, Warehouse Receipts 2. RTC - If the subject matter is real property with an assessed value at not
Law). He may also be sued for damages for non-delivery if he refuses to more than P20,000.00 outside Metro Manila, and in Metro Manila, at not
deliver the goods. Hence, Sec. 17 of the same law authorizes the more than P50,000.00, the Regional Trial Court has jurisdiction.
warehouseman to require all known claimants to interplead to shield him
from liability. (Dean Riano) When should the interpleader be filed?
An action for interpleader should be filed within a reasonable time after a
2. Another usual example is the case of a lessee who may commence a dispute has arisen without waiting to be sued by either of the contending
complaint for interpleader when he is confronted with adverse claimants on claimants. Otherwise, he may be barred by laches or undue delay. (Wack-
the rentals due and he is in doubt as to which of them should be the rightful Wack Golf and Country Club vs. Won, G.R. No. L-23851, March 26, 1976)
recipient.
If the the allegations of the complaint do not show conflicting claims
Recall that under the Civil Code of the Philippines, a cardinal principle to be between or among the persons required to interplead, what would be the
observed for the validity of payment or performance is that payment must ground for the dismissal of the complaint for interpleader?
be made "to the person in whose favor the obligation was constituted" (Art.
1240, Civil Code of the Philippines). This means that as a rule, payment to It is believed that where the allegations of the complaint do not show
the wrong person is not a valid payment and does not extinguish the conflicting claims between or among the persons required to interplead, the
obligation. Where two or more persons who do not represent the same complaint for interpleader is subject to dismissal on the ground of
interests claim the right to collect, the debtor will have to file an action for impropriety of the interpleader, not a failure to state a cause of action under
interpleader to effect the extinguishment of his obligation. (Dean Riano) Rule 16 because the meaning of a cause of action in ordinary civil actions
cannot apply to an interpleader. Besides, for an interpleader to be proper
What are the requisites of interpleader? such conflicting claims must exist (Sec. 1, Rule 62, Rules of Court).
Conversely, there is impropriety where no such adverse claims can be found
from the reading of the complaint. (Dean Riano) 6. Other pleadings: The parties may file counterclaims, crossclaims, third-
party complaints and responsive pleadings thereto.
Procedure:
7. Pre-trial: A pre‐trial will be conducted in accordance with the Rules of
1. Filing: A complaint for interpleader is filed by the person against whom Court.
the conflicting claims are made. The docket, other lawful fees, costs and
other litigation expenses shall be paid by the complainant; but these will 8. Determination: Court shall determine conflicting claimants’ respective
constitute a lien or charge upon the subject matter of the action, unless the rights and adjudicate their several claims.
court hold otherwise.
Bar Questions:
2. Court Order: Upon filing of the complaint, the court shall issue an order
requiring the conflicting claimants to interplead with one another. If the Q: LTA, Inc. is the lessee of a building owned by Mr. Tenorio paying rental
interests of justice so require, the court may direct that the subject matter of P10,000.00 a month. The owner died on May 10, 1988 and since then,
be paid or delivered to the court. LTA has not paid the monthly rentals, now amounting to P40,000.00
because two women are both claiming to be widows of Tenorio and are
3. Summons: Summons shall be served upon the conflicting claimants, demanding rental payments. What legal action may LTA's counsel take,
together with a copy of the complaint and order. before what court and against whom to protect LTA's interest? (Bar 1996)
4. Motion to Dismiss: Within the time for filing an answer (15 days), each SA: LTAs counsel should file an action for interpleader against the two
claimant may file a motion to dismiss on the grounds specified in Rule 16 women and pray that the court resolve their conflicting claims. The action
and on the ground of impropriety of the action for interpleader. should be filed in the Municipal Trial Court because the subject of the action
is an amount within the jurisdiction of said court. Note: When the question
The period to file an answer is interrupted or tolled by the filing of the was asked, jurisdiction was with the Regional Trial Court. At that time the
motion to dismiss. If the motion is denied, the movant may file his answer jurisdictional amount for the RTC was an amount exceeding P10,000.00.
within the remaining period to answer, but which shall NOT BE LESS THAN 5
days in any event from the notice of denial of the motion. Q: A lost the cashier's check she purchased from XYZ Bank. Upon being
notified of the loss, XYZ Bank immediately issued a "STOP PAYMENT"
5. Answer: Each claimant shall file his answer within 15 days from service of order. Here comes B trying to encash the same cashier's check but XYZ
the summons, serving a copy thereof upon each of the other conflicting Bank refused payment. As precautionary measure what remedy may XYZ
claimants, who may file their reply thereto. Bank avail of with respect to the conflicting claims of A and B over the
cashier's check? Explain. (Bar 1996)
If claimant fails to plead within the time herein fixed, the court may, on
motion, declare him in default and render judgment barring him from any SA: XYX Bank should file a complaint for interpleader and leave unto the
claim in respect to the subject matter. court the resolution of the conflicting claims of A and B. Note: The examiner
made reference to "conflicting claims." This is a clue as to what the examiner
desires as an answer. The examinee should therefore, refrain from making
assumptions or unnecessary analysis.
Q: H insured his life with X Insurance Co. and designated W as beneficiary.

The policy provided that the beneficiary could be changed by a written
notice designating the new beneficiary sent by the insured and received
by X Insurance Co. before the death of the insured. After the death of H, Q
demanded from X Insurance Co. the proceeds of the policy, claiming that
she had been designated as the beneficiary by H as may be seen from a
copy of a written notice signed by H and allegedly received by X Insurance
Co. before X's death. W who is also demanding from X Insurance Co. the
proceeds of the policy, claims that the signature of H appearing on the
written notice is forged. As counsel for X Insurance Co., what advice would
you give to your client and why? (Bar 1978)
SA: I would advice my client not to pay either of the claimants in the
meantime and instead file a complaint for interpleader against them and let
the court resolve their conflicting claims (Sec. 1, Rule 63, Rules of Court).
Q: What courts have jurisdiction over the following cases filed in Metro
Manila?
xxx
(d) An action for interpleader to determine who between the defendants
is entitled to receive the amount of P190, 000.00 from the plaintiff.
SA: (d) The action shall be filed in the Metropolitan Court in Metro Manila.
The amount of P190, 000.00 not being in excess of P400, 000.00, is within
the jurisdiction of said court. (Bar 1997)

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RULE 62 - INTERPLEADER 1.

There must be two or more claimants with adverse or conflicting interests

Q: H insured his life with X Insurance Co. and designated W as beneficiary.

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