A is a resident of Sulu, B of Batanes, C of Zamboanga. A loaned 1M to B, and the loan isevidenced by a promissory note which B signed. The promissory note matured without B paying themoney notwithstanding. A has another cause of action against B and C for another 1M pesos, apromissory note was also executed and signed by B and C. The promissory note also matured butthey did not pay.
. Can A file only one complaint against both B and C incorporating therein these twocauses of action? (The action against B for 1M pesos and another action against Band C for P1M)
No, A cannot file only one complaint against B and C, otherwise, A will violate oneof the limitations (Sec. 5 (a)) provided for in joinder of Causes of Action underRule 2 Section 5.If A is permitted to do so, it will be a violation of the provision on Rules on Joinder of Partiesunder Rule 3 Sec. 6.C has nothing to do with the first promissory note executed by B. C has no interest on thefirst cause of action of A against B alone.
: A has the following causes of action for recovery of money against B, all in thepromissory notes that matured on:1. Jan. 10, 1998 P 20,000.002. Jan. 20, 1998 30,000.003. Jan. 30, 1998 40,000.004. Feb. 10, 1998 50,000.005. Feb. 15, 1998 60,000.006. Feb. 20, 1998 70,000.00=========P270,000.00A is a resident of Sulu and B of Batanes. B did not pay on Jan. 10, B did not pay on each andevery maturity. But A waited for the maturity on this loan due on Feb. 20, 1998. Since he was notpaid on Feb. 20, 1998, he now decided to file an action involving all these sum of money.
Should he (A) decide to file a case on Feb. 25, 1998, against B, in what courtshould the action be filed?
. It should be filed in the RTC of Sulu or in Batanes.Where all the causes of action are principally for money, the type of jurisdiction is the totality of theamounts in all the cases. If you were A and you want to file only an action for the recovery of P20,000.00 you will file this with the MTC. This is the same with respect to other causes of action.Individually, they are triable by the MTC.But if all these causes of action are joined in only one complaint, the totality or the language of therule, “the aggregate,” of the amount furnish the jurisdictional test. So, since the amount isP270,000.00, this is an action triable by the RTC. So you file the action not in the MTC but in theRTC.
1) In case the obligation is by installments, each installment constitute a cause of action HOWEVER,if at the time of bringing of the suit, several installments are already due, all must be includedotherwise, others not included will be barred.
Before April 9, 1999
, the jurisdiction of the MTC was limited to P100,000.00 and the RTC’s in theamount in excess of P100,000.00. So under the old rule, before April 9, 1999, all claims (moneyclaims) not exceeding P100,000.00 was triable by the MTC. All claims exceeding P100,000.00 weretriable by the RTC. This is the provinces.Under the old rules, where the claim was for the money and the parties thereto was the residents of Metro Manila, the jurisdiction of the RTC’s in Metro Manila was in excess of P200,000.00.
Beginning, however April 9, 1999,
the jurisdiction of the MTC were expanded as follows: In areasoutside Metro Manila, the jurisdiction of the MTC’s extended up to P200,000.00. But in MetroManila, Beginning April 9, 1999, the jurisdiction of the MTC’s was P400,000.00 So, as of now the jurisdiction of the Metro Manila MTC’s is P400,000.00. But in areas outside Metro Manila, the jurisdiction of the MTC’s is up to P200,000.00 only. This now the new rule which implemented Sec.5 of RA 7691. RA 7691 expanded the jurisdiction of the MTC’s.
rule on permissive joinder of parties
A. Sec. 6 Rule 3
All persons in whom or against whom any right to relief in respect to or arising out of thesame transactions is alleged to exist, whether jointly, severally, or in the alternative, may except asotherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint,where any question of law or fact common to all such plaintiffs or to all such defendants may arise