:a.Subject matter of the controversy is one of common or general interest to manypersons;b.Parties affected are so numerous that it is impracticable to bring them all to thecourt;c.Parties bringing the class suit are sufficiently numerous or representative of theclass and have the legal capacity to file the action.5. T
Action may be continued by or against the original party, unless the court, onmotion, directs the transferee to be substituted in the action or joined with theoriginal party; however, if transfer is made before commencement of the action,the transferee must necessarily be the party, since only he is the real party ininterest.
* Uniform rule on venue in RTC and MTC
– in the proper court which has jurisdiction over the areawherein
real property involved or a portion thereof is situated
– in the MTC of the municipality or citywherein
the real property or a portion thereof is situated.
the plaintiff or any of the principal plaintiffs resides
the defendant or any of the principal defendants resides
, or in the caseof a non-resident defendant
where he may be found
, at the election of theplaintiff.
“residence” means place where party actually resides at time of action;does NOT mean permanent home or domicile.4.Action against non-resident not found in the Philippines
- in the court of the place where theplaintiff resides.
- where the propertyor any portion thereof is situated or found.5.Rules on Venue shall NOT apply:
In those case where a specific rule or law provides otherwise (
civil case for damages in cases of libel, where Article 360 of RPC provides specific rules onvenue); ORb.Where the parties have validly agreed IN WRITING before the filing of the actionon the EXCLUSIVE venue thereof.
In this instance, the action can only be filed in the place agreed upon even if the other place is the place of residence of the parties or the location of thereal property involved.
1.The procedure in the MTCs shall be the same as that in the RTC.2.Uniform Procedure shall NOT be applicable:a.Where a particular provision expressly or impliedly applies only to either of saidcourts.b.In civil cases governed by the Rule on Summary Procedure.