CLASS SUIT

Requirement in the pleadings: state explicitly that the suit is

being brought in behalf of others with whom the parties share a
common interest.
Ibanez vs. Roman Catholic Church: class suit will not prosper if
there is conflict of interest between those sought to be
represented and those who filed the action.
Mathay vs. Consolidated Bank & Trust Co.: Wrongs suffered
by some stockholders do not constitute the same wrongs to other
stockholders.
Newsweek vs. IAC: The class suit for libel against sugar planters
in Negros was denied since each plaintiff has a separate and
distinct reputation in the community.
Diaz vs. De la Rama: A class suit to recover wages due to 23
laborers did not prosper because they are not "so numerous as to
make it impracticable to join them" individually in the complaint.
De la Cruz vs. Seminary of Manila: one member of a church
was allowed to sue on behalf of all members of the church,
because he had been "chosen" by the association.
Sec. 2, Rule 17: A class suit shall not be dismissed or
compromised without the approval of the court.
Distinguish "class suit" vs. "taxpayer's suit"
Distinguish "class suit" vs. "derivative suit"
Distinguish "class suit" vs. "permissive joinder of parties"
and give examples
Explain why members represented in the class suit are
bound by the judgment in the suit
Concept: representativeness as legal capacity
Sec. 1 (d), Rule 16: defendant may file a motion to dismiss on the
ground that the plaintiffs have no legal capacity to sue (i.e. they
do not have the representation that they claim)
ALTERNATIVE DEFENDANTS
Insurance Co. of North America vs. US Lines Co.: owner of
goods may sue the shipper and the arrastre operator in the
alternative, if he is not sure whether the goods were lost in transit
or while it was in the warehouse. The right against the shipper is
based on admiralty, while the right against the operator is on
contract.
UNKNOWN IDENTITY OR NAME OF DEFENDANTS
Sec. 14, Rule 14
DEATH OF A PARTY