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Joinder of parties (R3 S6)

1. Same transaction/event/series of transactions


2. Common question of law/fact
Rules of same being applicable to joinder of causes of action (cf. R2 S5[1])
XPN: no application if P vs. D only (i.e. apply R2 S5[2-4] only)
Dean Rianos example:
- 1 P, 1 D
- 3 debts
- 3 causes of action
Here, a maximum of 3 cases can be filed, but P can go with one case only, w/ the 3 causes of
action JOINED in said case, as there is only one defendant!
* To determine w/c court has jurisdiction, apply the TOTALITY RULE (i.e. aggregate amount)
Also: note R2 S5(2), e.g.:
- 3 debts
o 2 ordinary civil actions
o 1 covered by the rules on Summary Procedure
- These CAN BE JOINED (the 3rd debt loses its being summary upon joinder)
(cf. S1, last par., RSP)

Case: Divinagracia vs. Padilla Misjoinder or non-joinder of causes of action, not a ground for
dismissal but only for separation/splitting of causes of action
Q: What if plaintiff refuses to split?
A: Court can DISMISS due to fault of plaintiff (R17 S3)

Omnibus motion rule (R15 S8) a motion* attacking a pleading/proceeding shall include all
available** objections; objections not so included are deemed WAIVED
* MTD = one such omnibus motion
If no MTD has been filed: objections/grounds for dismissal can be pleaded as affirmative
defenses in the ANSWER (R16 S6)
** if an objection is not available yet, there is no obligation to raise under pain of waiver

Venue
Jurisdiction vs. venue
1. Venue is for parties convenience
2. Venue is procedural, thus:
(a) Can be waived
(b) Can be subject of agreement
Court takes cognizance if:
- In writing, &
- Before institution of action
3. NO MOTU PROPRIO DISMISSAL RE: IMPROPER VENUE
The court cannot take the cudgels for the parties; must wait for MTD
CONTRA: SumProc can motu proprio dismiss under any of the grounds for MTD
Re: personal & real actions
1. Real where property (or any part thereof) is located
2. Personal residence of plaintiff/defendant, or where a non-resident defendant may be
found, at the option of the plaintiff [same rule in culpa aquiliana cases]
Re: stipulations on venue
1. Restrictive/Exclusive
2. Permissive