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SPECIAL CIVIL ACTIONS (Rules 62 71) Ordinary civil actions versus special civil actions (1) Although both types of actions are governed by the rules for ordinary civil actions, there are certain rules that are applicable only to specific special civil actions(Sec. 3[a], Rule 1). The fact that an action is subject to special rules other than those applicable to ordinary civil actions is what makes a civil action special. (2) An ordinary civil action must be based on a cause of action (Sec. 1, Rule 2). This means that the defendant must have performed an act or omitted to do an act in violation of the rights of another (Sec. 2, Rule 2). These definitions do not fit the requirements of a cause of action in certain special civil actions. The cause of action as defined and required of an ordinary civil action finds no application to the special civil action of declaratory declaratory relief. In finds no application also in a complaint for interpleader. In this action, the plaintiff may file a complaint even if he has sustained no actual transgression of his rights. In fact, he actually has no interest in the subject matter of the action. This is not so in an ordinary civil action. (3) Ordinary civil actions may be filed initially in either the MTC of the RTC depending upon the jurisdictional amount or the nature of the action involved. On the other hand, there are special civil actions which can only be filed in an MTC like the actions for forcible entry and unlawful detainer. There are also special civil actions which cannot be commenced in the MTC, foremost of which are the petitions forcertiorari, prohibition, and mandamus. (4) The venue in ordinary civil actions is determined by either the residence of the parties where the action is personal or by the location of the property where the action is real. This dichotomy does not always apply to a special civil action. For instance, the venue in a petition for quo warranto iw where the Supreme Court or the Court of Appeals sits if the petition is commenced in any of these courts and without taking into consideration where the parties reside. It is only when the petition is lodged with the RTC that the residence is considered in venue analysis. While in ordinary civil actions the residences of both the plaintiff and the defendant are factored in the determination, a petition for quo warranto failed in the RTC merely looks into the residence of the respondent, not that of the petitioner. But if it is the Solicitor General who commences the action, another special rule is followed because the petition may only be commenced in the RTC in Manila, in the Court of Appeals or in the Supreme Court. (5) While ordinary civil actions when filed are denominated as complaints, some special civil actions are not denominated as such but petitions. (a) 1. 2. 3. 4. 5. (b) 1. 2. 3. 4. 5. Special civil actions initiated by filing of a Petition: Declaratory relief other than similar remedies; Review of adjudication of the COMELEC and COA; Certiorari, prohibition and mandamus; Quo warranto; and Contempt Special civil actions initiated by filing of a Complaint: Interpleader; Expropriation; Foreclosure of real estate mortgage; Partition; and Forcible entry and unlawful detainer.