4.

REQUISITES OF A CLASS SUIT:

a. Subject matter of the controversy is one of common or general interest to many
persons;
b. Parties affected are so numerous that it is impracticable to bring them all to the court;
c. Parties bringing the class suit are sufficiently numerous or representative of the class
and have the legal capacity to file the action.
5. TRANSFER OF INTEREST
Action may be continued by or against the original party, unless the court, on motion,
directs the transferee to be substituted in the action or joined with the original 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 in interest.
RULE 4 VENUE OF ACTIONS
* Uniform rule on venue in RTC and MTC
1. VENUE OF REAL ACTIONS in the proper court which has jurisdiction over the area
wherein real property involved or a portion thereof is situated.
2. VENUE FOR FORCIBLE ENTRY AND DETAINER ACTIONS in the MTC of the municipality or
city wherein the real property or a portion thereof is situated.
3. VENUE OF PERSONAL ACTIONS where the plaintiff or any of the principal plaintiffs resides,
or where the defendant or any of the principal defendants resides, or in the case of a
non-resident defendant where he may be found, at the election of the plaintiff.
NOTE:

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

a. ACTION AFFECTS THE PLAINTIFFS PERSONAL STATUS - in the court of the place where
the plaintiff resides.
b. ACTION AFFECTS ANY PROPERTY OF THE DEFENDANT IN THE PHILIPPINES - where the
property or any portion thereof is situated or found.
5. Rules on Venue shall NOT apply:
a. In those case where a specific rule or law provides otherwise (e.g., civil
case for damages in cases of libel, where Article 360 of RPC provides
specific rules on venue); OR
b. Where the parties have validly agreed IN WRITING before the filing of the action on
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 the real
property involved.