file:cvpro_part_3_ia.htm

I.  The Different Special Civil Actions

1.   Interpleader

1. Requisites

(1) The plaintiff claims no interest in the
subject matter or his claim is not disputed;

(2) There must at least be two (2) or more
conflicting claimants;

(3) The parties to be interpleaded must make
effective claims; and

(4) The subject matter must be one and the same.

2. Decisional Rules

Interpleader was found to be a proper action in an action of a lessee who
does not know to whom to pay rentals due to conflicting claims on the property;390 and in an action by a bank where the
purchaser of a cashier’s check claims it was lost and another has presented it
for payment.391 It was however found
to be improper in an action where defendants have conflicting claims against
the plaintiff;392 and an action where
one of the defendants had earlier sued the plaintiff and secured a judgment
against him which has already become final. The action is barred by laches or
unreasonable delay.393

3. Procedural Peculiarities

3.1 Upon the filing of the complaint, the court
shall issue an order requiring the conflicting claimants to interplead with one
another.394

3.2 The court may direct in the same order
mentioned in the preceding paragraph that the subject matter of the suit be
paid or delivered to the court.395

3.3 The summons shall be accompanied by copies of
the complaint and order mentioned in No. 1.

3.4 The defendants may file a motion to dismiss
on the ground of the impropriety of the interpleader action or on other
appropriate grounds specified in Rule 16.

3.5 The defendants shall serve a copy of the
answer not only to the plaintiff but also to their co-defendants who may file
their reply thereto.

3.6 The effect of a failure to plead within the
prescribed period is that, upon motion, the defendant will be declared in
default and thereafter renders judgment barring him from any claim in respect
to the subject matter.