V. Special Civil Actions

IV. SPECIAL CIVIL ACTIONS

A. Interpleader (Rule 62)

B. Declaratory Relief and Similar Remedies (Rule 63)

C. Certiorari, Prohibition and Mandamus (Rule 65)

D. Quo Warranto (Rule 66)

E. Expropriation (Rule 67)

F. Foreclosure of Real Estate Mortgage (Rule 68)

G. Partition (Rule 69)

H. Forcible Entry and Unlawful Detainer (Rule 70)

I. Contempt (Rule 71)

MEANING OF SPECIAL CIVIL ACTIONS

A special civil action contains special features not found in ordinary civil actions. It is also governed by ordinary civil actions, subject to specific rules (Rules 62-71) for special civil actions. (Rule 1, Sec. 3[a][2].

One Year Limit Does Not Lie When Petitioner is the Government

When it is the government which commenced the petition for quo warranto and puts in issue the qualification of the person holding the highest position in the Judiciary, there can be no acquiescence or inaction, in this case, on the part of the Republic as would amount to an abandonment of its right to seek redress against a public wrong and vindicate public interest. Neither can delay be attributed to the Republic in commencing the action since respondent deliberately concealed the fact of her disqualification to the position. Prescription, therefore, cannot be pleaded against the Republic. (Republic v. Sereno, G.R. No. 237428, May 11, 2018)

Exceptions:

Even when appeal is available and is the proper remedy, SC has allowed a writ of certiorari:

• Where the appeal does not constitute a speedy and adequate remedy;
• Where the orders were also issued either in excess of or without jurisdiction;
• For certain special considerations, as public welfare or public policy;
• Where, in criminal actions, the court rejects rebuttal evidence for the prosecution as, in case of acquittal, there could be no remedy;
• Where the order is a patent nullity; and
• Where the decision in the certiorari case will avoid future litigations. (REGALADO, 2008 ed.)

Action for Reconveyance; when imprescriptible

An action for reconveyance is imprescriptible when the plaintiff, the legal owner, and not the defendant registered owner, is in possession of the land to be reconveyed. (Heirs of Saludares v. CA, G.R. No. 128254, January 16, 2004)