B. Interpleader (Rule 62)

A. Interpleader (Rule 62)

> RULE 62 INTERPLEADER Section 1. When interpleader proper. – Whenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselves. (1a, R63) Section 2. Order. – Upon the filing of the complaint, the court shall issue an order requiring the conflicting claimants to interplead with one another. If the interests of justice so require, the court may direct in such order that the subject matter be paid or delivered to the court. (2a, R63) Section 3. Summons. – Summons shall be served upon the conflicting claimants, together with a copy of the complaint and order. (3, R63) Section 4. Motion to dismiss. – Within the time for filing an answer, each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in Rule 16. The period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. (n) Section 5. Answer and other pleadings. – Each claimant shall file his answer setting forth his claim within fifteen (15) days from service of the summons upon him, serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these Rules. If any claimant fails to plead within the time herein fixed, the court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matter. The parties in an interpleader action may file counterclaims, cross-claims, third-party complaints and responsive pleadings thereto, as provided by these Rules. (4a, R63) 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. (5a, R63) Section 7. Docket and other lawful fees, costs and litigation expenses as liens. – The docket and other lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and litigation expenses, shall constitute a lien or charge upon the subject matter of the action, unless the court shall order otherwise. (6a, R63)

Updated: Interpleader cannot be used to circumvent a final and executory judgment (BIR v. Tico Insurance Company, Inc., G.R. No. 204226, 18 April 2022).

Nature of Interpleader

An interpleader is a remedy whereby a person who has property whether personal or real, in his possession, or an obligation to render wholly or partially, without claiming any right in both, or claims an interest which in whole or in part is not disputed by the conflicting claimants, comes to court and asks that the persons who claim said property or who consider themselves entitled to demand compliance with the obligation, be required to litigate among themselves, in order to determine finally who is entitled to one or the other thing. (Ocampo v. Tirona, G.R. No. 147812, 2005)

Purpose of Remedy

An interpleader complaint may be filed by a lessee against those who have conflicting claims over the rent due for the property leased. This remedy is for the lessee to protect himself or herself from “double vexation in respect of one liability. He or she may file the interpleader case to extinguish his or her obligation to pay rent, remove him or her from the adverse claimants’ dispute, and compel the parties with conflicting claims to litigate among themselves. (Lui Enterprises v. Zuellig Pharma, G.R. No. 193494, 2014)

REQUISITES FOR INTERPLEADER

• There must be two or more claimants with adverse or conflicting interests to a property in the custody or possession of the plaintiff;
• The plaintiff in an action for interpleader has no claim upon the subject matter of the adverse claims or if he has an interest at all, such interest is not disputed by the claimants;
• The subject matter of the adverse claims must be one and the same. (Rule 62, Sec. 1).

Updated: Interpleader cannot be used to circumvent a final, executory judgment (BIR v. Tico Insurance Company, Inc., G.R. No. 204226, 18 April 2022).

Who May File the Complaint for Interpleader

The person against whom the conflicting claims are made. (Id.).

When To File The Complaint

General Rule: Within a reasonable time after a dispute has arisen without waiting to be sued by either of the contending claimants.

The stakeholder should use reasonable diligence to bring the contending claimants to court—that is, by filing the interpleader suit within a reasonable time after a dispute has arisen without waiting to be sued by either of the contending parties. Otherwise, he may be barred by laches or undue delay. (Wack Wack Golf and Country Club v. Won, G.R. No. L23851, 1976).

A stakeholder’s action of interpleader is too late when filed after judgment has been rendered against him in favor of one of the contending claimants, especially where he had notice of the conflicting claims prior to the rendition of the judgment and neglected the opportunity to implead the adverse claimants in the suit where judgment was entered. (Id.)

Exception: Where the stakeholder acts with reasonable diligence in view of environmental circumstances, the remedy is not barred. (Id.)

Alternatively: If an action has been filed, in lieu of an interpleader, one can file an answer with allegations of conflicting claims and a third-party complaint impleading the other party.

Order to Interplead

Upon the filing of the complaint, an order requiring the conflicting claimants to interplead with one another shall be issued. (Sec. 2, Rule 62)

If the interests of justice so require, the court may direct in the said order that the subject matter be paid or delivered to the court. (Id.)

Service of Summons

Summons shall be served upon the conflicting claimants together with:

• A copy of the complaint, and
• The order. (Sec. 3, Rule 62)

INTERVENTION VS. INTERPLEADER

Other Pleadings That May be Filed in an Interpleader

• Counterclaims (PDIC v. CA, G.R. No. 126911, 2003);
• Cross-claims;
• Third-party complaints; and
• Responsive pleadings thereto as provided in the Rules (Arreza v. Diaz, Jr., G.R. No. 133113, 2001).

When Court Shall Determine and Adjudicate Claims

The court shall proceed to determine their respective rights and adjudicate their claims after the pleadings of the conflicting claimants have been filed and pre-trial has been conducted. (Sec. 6, Rule 62)

Lien Upon the Subject Matter

General Rule: The following shall constitute a lien or charge upon the subject matter:

• Docket and other lawful fees paid by the party who filed the complaint for interpleader; and
• Costs and litigation expenses (Sec. 7, Rule 62)

Exception: Unless otherwise ordered by the court. (Id.)