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RULES 1-5 1

RULES OF COURT for the recovery of the whole indebtedness. That is a

Took effect: July 1, 1997 violation of a principle under the Civil Code which says
Parts: CivPro, SCA, SpecPro, CrimPro, Evid, Legal Ethics that when there is solidary relationship between two
Revised Rules of Court 1964 debtors, the creditor is given by the CC the authority to
file a complaint against any one of the solidary debtors
Rule-making power of the SC
Pursuant to the provisions of sec 5(5) of Art. VIII of the for the recovery of the whole indebtedness.
Constitution, vesting in it the
1. power to promulgate rules pleading, practice and Retroactive application of ROC
procedure in all courts, Gen. Rule: Procedural rules are prospective in
2. power to promulgate rules concerning the protection application.
and enforcement of constitutional rights, Exception: Rules may be made applicable to pending
3. power to promulgate rules concerning the admission actions and are deemed retroactive in that sense like
to the practice of law, the integrated bar, and legal our ROC (Rule 144)
assistance to the underprivileged. Exception to the exception: when in the opinion of the
4. power to disapprove rules of procedure of special court their application would not be feasible or would
courts and quasi-judicial bodies work injustice, in w/c event former procedure will apply.
And impliedly from the foregoing powers:
5. power to amend, repeal or even establish new rules; Retroactive application of rules of procedure cannot be
(Consti took away the power of Congress to repeal, violative of any personal rights because in the first place
amend, or supplement rules concerning the no vested right may attach to nor arise therefrom.
6. power to overturn judicial precedents on points of Substantive vs Remedial
remedial law through amendment of ROC.
7. Power to relax or suspend technical or Remedial law or Procedural law
procedural rules or to except a case from their provides a method of enforcing the rights established by
operation when compelling reasons so warrant the substantive law or obtaining redress for their invasion;
suspension or when the purpose of justice requires it.
Example of instances: Substantive law
a. Most persuasive and weighty reasons that part of the law which creates, defines and regulates
b. To relieve litigant from injustice not rights concerning life, liberty, or property, or the powers of
commensurate w/ his failure to comply w/ agencies or instrumentalities for the administration of
prescribe procedure public affairs
c. Good faith of the defaulting party
d. Special or compelling circumstances RULE 1
e. Merits of the case
f. Cause not entirely attributable to his fault or GENERAL PROVISIONS
g. Lack of showing that it is merely frivolous and Section 2. In what courts applicable.
h. Other party will not be unjustly prejudiced Section 3. Cases governed.
i. FAMEN w/o fault The definition of a civil action does not require a prior
j. Peculiar legal and equitable circumstances
violation of a right so that the rightholder may have a
attendant to each case
k. Substantial justice and fair play justification to go to court. In defining civil action, ROC
l. Exercise of sound discretion by the judge do not use the definition of cause of action which
guided by all the attendant circumstances ( requires violation of right
Labao v. Flores 2010)
Civil Actions vs Special Proceedings
Limitations on the rule-making power of the SC
Sec 5(5) of Art. VIII: parties Involves 2 or more Involves at least
1. the rules shall provide a simplified and inexpensive parties 1 party or 2 or
procedure for speedy disposition of cases; more parties in
2. the rules shall be uniform for courts of the same proper cases
grade; and cause of Involves a right and a May involve a
3. the rules shall not diminish, increase or modify action violation of such right right, but there
substantive rights. by the defendant need not be a
which causes some violation of this
we cannot simply say that the ROC is no longer damage/prejudice right
procedural simply because there are certain sections upon the plaintiff
that speak about substantive matters formalities Requires the Requires no
application of legal such formalities,
a provision of the ROC which violates substantive law -- remedies in as it may be
rule that when a person dies and then there is a accordance with the granted upon
settlement proceeding and the deceased is a solidary prescribed rules application
debtor together with another one who is still alive, it is governing Ordinary rules of Special rules of
the duty of the creditor to file a claim against the estate rules procedure procedure
RULES 1-5 2

appeal Cannot be directly Can be

from an and immediately immediately and LOCAL ACTIONS AND TRANSITORY ACTIONS
interlocuto appealed to the directly Relevance: venue
ry order appellate court until appealed to the
Local action Transitory action
after final judgment on appellate court
One that could be One that could be
the merits
instituted in one specific prosecuted in any one of
place several places
Venue depends upon the venue depends upon the
location of the property residence of the plaintiff
Importance: Rule 4 venue involved in the litigation or the defendant at the
Basis: privity on kind of property involved option of the plaintiff

Real Actions: Actions affecting title to or possession of

real property, or interest therein. [Rule 4, Sec. 1 par 1] ACTIONS IN REM, IN PERSONAM AND QUASI IN REM
Importance: Rule 14 Summons; Rule 39 execution
Personal Actions: All other actions are personal actions. Basis: binding effect of the judgment
[Rule 4, Sec.2]
NOTE: Not every action involving a real property is a In Personam Action in Rem Quasi in Rem
real action because the realty may only be incidental to
Directed Directed against the Directed against
the subject matter of the suit. It is important that the
against thing itself particular persons
matter in litigation must also involve any of the following
issues: title to, ownership, possession, or any interest in
real property. (Riano)
Jurisdiction Jurisdiction over the Jurisdiction over the
over the person person of the person of the
Real action Personal action Mixed action
of the defendant is NOT defendant is not
Ownership or Personal Both real and
defendant is required required as long as
possession of property is personal
required jurisdiction over the
real property is sought to be properties are
res is acquired
involved recovered or involved
An action to A proceeding to A
damages for
impose determine the proceeding to
breach of
responsibility or state/condition of a subject the interest
contract or the
liability upon a thing of a named
enforcement of a
person directly defendant over a
contract are
particular property to
an obligation/lien
Founded on Founded on Founded on both
burdening it
privity of real privity of contract
Deal with
the status,
Filed in the court Filed in the court The rules on
ownership or liability
where the where the venue of real
of a particular
property (or any plaintiff or any of actions govern
property but which
portion thereof) the defendants
are intended to
is situated resides, at the
operate on these
plaintiffs option
questions only as
Ex: publiciana; Ex: money Accion
between the
reinvindicatoria; claims, specific Reinvindicatoria
particular parties to
reconveyance; performance, w/ claim for
the proceedings and
partition; replevin damages
not to ascertain or
foreclosure of
cut-off the rights or
interest of all
quieting of title,
possible claimants
[Domagas v. Jensen
An action
in personam
concerning real prop
is quasi in rem
RULES 1-5 3

Judgment is Judgment is binding Judgment is binding for the court to acquire jurisdiction over the attached
binding only on the whole world upon particular properties in case defendant cannot be served w/
upon parties persons summons. The judgment will be limited to value of
impleaded or property attached. Court cannot order the defendant to
their pay the plaintiff.
successors in
interest Reconversion - If the defendant answers the
complaint or files an appeal, the case is reconverted
EXAMPLES: into in personam. The court can order defendant to
specific performance; There must be actual subjection of a property to
money claims attachment before the publication of the summons will
interdictal (Domagas vs. Jensen 2005) enable the court to acquire jurisdiction over the res.

Section 4. In what case not applicable.

In Rem:
annulment of marriage; Section 5. Commencement of action.
naturalization There are certain civil actions usually SCA which are
habeas data not commenced by a filing of a complaint. Instead, we
land registration
file for a petition.
probate of will
forfeiture proceeding
recognition of child Cases are deemed filed only upon payment of docket
expropriation fee regardless of actual date of filing of the complaint.
habeas data Section 6. Construction. liberally in favor of just,
custody of children speedy, and inexpensive disposition of cases
Exception: when public policy requires it be applied
Habeas corpus (SC: although does not have the strictly, like reglementary periods on appeal.
features of other SpecPro such as no respondent, it is within the inherent power of the SC (not other
there is publication, it is still in rem purpose is to courts) to suspend its own rules in a particular case in
determine state of a thing produce the body) order to do justice.
Generally, SpecPro are in rem since there is no
respondent, and there is requisite of publication.
Exception: Reversion proceeding there is plaintiff
Republic, there is defendant- one who acquired CIVIL ACTIONS
property in violation of laws. A civil action w/ element ORDINARY CIVIL ACTIONS
of escheat.
Quasi in rem: CAUSE OF ACTION
foreclosure of real estate mortgage Section 1. Ordinary civil actions, basis of.
right of easement
Does not mean that all SCAs do not require cause of
publiciana Example of SCA w/c does not require cause of action:
reconveyance Interpleader, declaratory relief, expropriation, and
quieting of title partition.
replevin One of the grounds for motion to dismiss is that the
pleading states no cause of action (Rule 16).
An action in rem could be either real or personal action in
the same way that an action in personam could also be Section 2. Cause of action, defined.
real or personal.
Example of personal action in rem probate of a will
Swagman v CA 2005: A complaint whose action has
involving personal prop and cash, recognition of child
not yet accrued cannot be cured or remedied by an
amended or supplemental pleading The curing
Example of real action in personam reinvindicatoria,
effect under Rule 10 Sec 5 is applicable only if a cause
of action in fact exists at the time the complaint is filed,
but the complaint is defective for failure to allege the
Converting action in personam to quasi in rem
essential facts. If there is no cause of action that has
through preliminary attachment (Rule 57) purpose:
RULES 1-5 4

yet accrued and a complaint is filed, the court will have Cause of action Right of action
no authority to decide even if it matures and becomes delict or wrong right of plaintiff to institute
defaulted during the trial of the case. Ex. loan w/ committed; the action
installment. Remedy: filing a new complaint not Reason for the action Remedy or means for relief
supplemental pleading because there could be violation created by substantive regulated by procedural
of jurisdiction. law; law
not affected by may be taken away by
3 Main Elements of Cause of Action affirmative defenses like affirmative defenses
a. A right pertaining to the plaintiff, prescription, estoppel
b. A correlative obligation of the defendant, and reason for the action remedy or means afforded
c. A violation of plaintiff's right by the defendant or at determined by facts as determined by substantive
least threat to violate the right base on the definition alleged in the complaint law
of a civil action. (INJURY) and not the prayer
there can be no action where no injury is sustained. therein
Ex of wrong w/c is not actionable not complied w/ Does not prescribe prescribes
condition precedent.
There can be no right of action without a cause of
d. additional element: damage suffered by plaintiff (but
action being first established
not indispensable because it is not necessary for the
plaintiff to allege that he suffered damages ex.
Failure to state cause of action - pleading states no
Specific performance w/o damages
cause of action or no general allegation on conditions
Damnum absque injuria damage w/o injury no precedent = ground for MTD [Rule 16, Sec.1(g)]
cause of action; but injury w/o damage may have
cause of action Absence or a lack of cause of action. refers to the
failure to prove or to establish by evidence ones stated
Example: a debtor borrows money from a creditor. Then
cause of action. ; not a ground for MTD.
when it is already due, still, the debtor does not want to
Subject matter v Cause of action
Right: right of creditor to get back his money
Subject matter - the thing or wrongful act, contract or
Obligation: the defendant has the obligation to pay back
property which is directly involved in the action
the loan under the law on contracts
In a breach of contract, the contract violated is the
Violation: the account fell due and the debtor is supposed
subject matter while the breach thereof by the obligor is
to pay the creditor, but through former did not pay the
the cause of action
Damage: the creditor cannot get back his money.
Promissory note w/o date of maturity court will fix the
date (A. 1197 NCC)
Cause of action v Right of action

Right of action - the right of the plaintiff to bring an action

Section 3. One suit for a single cause of action.
and to prosecute that action to final judgment.
1. cause of action Splitting a cause of action - dividing one cause of action
2. performed all conditions precedent to the filing of into different parts and making each part a basis for a
the action, separate complaint (ex. In a suit under a promissory note,
i.e. the filing of various cases where one is to collect the
i.prior barangay conciliation; principal, the other is to collect interest and still another is
ii.arbitration clause in contracts; to collect attorney's fees)
iii.certification on non-forum shopping;
iv.exhaustion of administrative remedies Reason for prohibition:
v.for family members, earnest efforts toward a To prevent repeated litigation
compromise To protect the defendant from unnecessary vexation.
Nemo debet vexare pro una et eadem causa (No
vi.tender of payment before consignation
man shall be twice vexed for one and the same
To avoid the costs and expenses incident to
another limitation to right of action is state immunity. numerous suits.
To avoid conflicting decisions of different courts
RULES 1-5 5

Section 4. Splitting a single cause of action; effect of. How do you determine the singleness of a cause of
Effects of Splitting a Cause of Action By the singleness of the delict or wrong committed by
1. The filing of one is available as a ground for the defendant; NOT by the number of remedies that the law
dismissal of other (Litis pendentia - there is another grants the injured party. Ex. One cause of action (non-
action pending between the same parties for the same payment under Recto Law) several remedies rescind,
cause) Rule 16 Sec 1(e) exact fulfillment, foreclose.
If there is one cause of action and several remedies,
2. A judgment upon the merits in any one is available as a plead alternative remedies in the complaint.
ground for the dismissal of the others (Res adjudicata -
barred by prior judgment) Rule 16 Sec 1(f) Common standard The singleness of a cause of
Litis pendencia and res judicata are both not action lies in the singleness of the delict/wrong and
waivable defenses and if the defendant did not the rights violated of a person or several persons.
raise these issues, the court, on their own, can One wrongful act could give rise to several causes of
order the dismissal. (Rule 9) action depending on the number of rights violated
belonging to different persons.
3. Forum shopping (Rule 7 sec 5) not curable by mere If one wrongful act and there are several rights violated
amendment but a cause for dismissal upon motion and determine whether these rights belong to the same
hearing w/o prejudice plus indirect contempt if false person or to different persons.
certification or non-compliance; if willful and deliberate, Example: One negligent act injures 2 different
summary dismissal w/ prejudice and direct contempt. persons = 2 causes of action; One negligent act
(w/o prejudice to admin and crim charges). damages 3 houses belonging to one person = 1
If no Cert on Non-Forum shopping ground for MTD cause of action
(failure to state cause of action) and (condition If only 1 injury resulted from several wrongful acts, only
precedent not complied w/ Jara 1 cause of action arises.
Waivable unlike litis pendentia and res judicata. Example: two negligent acts by two persons injure
There must be a motion to dismiss; Omnibus motion 1 person = 1 cause of action
rule applies. Court cannot motu propio dismiss.
More advantageous than other remedies: since all EXAMPLE 1: Sale; 1 seller and 2 buyers =
cases will be dismissed and the dismissal could be - if seller breached, separate causes of action for the 2
w/ prejudice if willful and deliberate -Jara buyers.
When a person violates the rule on splitting of cause - If the 2 buyers breached, qualify if only one contract
of action he also violates the rule on forum shopping. and if joint or solidary;
- if joint, 2 causes of action for their respective
What case should be dismissed? shares;
- if solidary, one cause of action.
In litis pendencia, only one will be dismissed and retain
- If separate contracts, 2 causes of action
the other.
Lakas: factors:
EXAMPLE 2: Sale of land; 1 vendor and 3 vendees=
- 2nd case will be dismissed based on the rule on
priority on time; If vendor breach 3 caused of action; they are each
- 1st action to be dismissed when the 1st action owner of their respective interest in the undivided
was filed merely to preempt or anticipate the thing
later action (interest of justice rule) If vendees breach 3 causes of action
- Whichever is the appropriate vehicle for
litigating the issues (appropriateness rule) Tests to ascertain whether two or more suits relate to
a single or common cause action:
Jara: 1. Same evidence test whether the same evidence
- 2nd case will be dismissed based on the rule on would support and sustain both the 1st and 2nd cause of
priority on time; action
- But actually, discretion lies in the defendant on 2. Same defense test whether the defenses in one case
which case he will file a MTD may be used to substantiate the complaint in the other
3. Whether the cause of action in the 2nd case existed at
the time of the filing of the 1st complaint (Umale v.
In res judicata, the remaining case which is pending will Canoga Park Devt 2011)
be dismissed.
In forum shopping under Rule 7 the court can order the
dismissal of all pending cases but the dismissal is w/o
prejudice unless found to be willful and deliberate.
RULES 1-5 6

RULES IN DETERMINING SINGLENESS OF CAUSE OF Section 5. Joinder of causes of action.

Joinder of causes of action
Rule 1 (one contract, one cause of action) The rules allow a plaintiff to allege as many causes of
A contract embraces only one cause of action because it action as he may have against the same defendant.
may be violated only once, even it contains several
stipulations (Quioque v Bautista). Correlate w/:
- ex. Delivery of 3 different goods under 1 contract Rule 31 consolidation of action;
No demand no delay, no cause of action yet Rule 36 Sec 5 separate judgments court may
render one judgment while others proceed or court
Rule 2 (contract on installment basis, as many causes may stay enforcement until rendition of others.
of action as there are violations)
Rule 41, Sec 1 cannot appeal one cause of action
A contract which provides for several stipulations to be
while main case is pending unless court allows. Must
performed at different times gives rise to as many causes
file leave of court or just wait for the others.
of action as there are violations (Larena v Villanueva)
- ex. a case involving a rents in a contract of lease
Note: you cannot file more than one case when you have
- ex. a loan payable in installment. Absent an
only one cause of action but the law allows (in fact
acceleration clause, each installment due and unpaid
encourages) you to file one case for more than one cause
will give rise to one cause of action
of action

Rule 3 (contract on installment basis, one cause of

Q: Under section 5, is the creditor obliged to file one
action for all due and demandable obligations)
complaint for the three promissory notes?
All obligations/installments which have become due, A: No, because joinder of causes of action is
demandable and were defaulted at the time of the suit permissive.
constitute a single cause of action and must be integrated
in one complaint, and those not included would be barred Alternatively or Cumulatively
(Larena v Villanueva)
Causes of action may be joined either: (a) alternatively
- ex. First installment fell due. No action filed.
or (b) cumulatively (or otherwise means cumulative)
Subsequently, second installment fell due. An action
is to be filed. The first and second obligations
Alternative Joinder - exists when one is seeking
constitute a single cause of action.
relief for either causes of action.
Rule 4 (Anticipatory Breach of Contract, one cause of
Cumulative Joinder - exists when one is seeking
relief for all of his causes of action
An unqualified and positive refusal to perform a contract,
though the performance thereof is not yet due, may, if the
Correlate with Rule 3, Sec 13 (alternative defendants)
renunciation goes into the whole contract, be treated as a
and Rule 8, Sec 2 (alternative causes of action or
complete breach which will entitle the injured party to
bring his action at once (Blossom vs. Manila Gas 1930).
The general rule is that the creditor cannot compel the
Conditions/ Limitations: (Sec. 6 of Rule 3)
debtor to perform obligation before maturity. But if debtor
Joinder of parties/ jurisdiction /venue/ rules w/c govern
repudiates the obligation or shows intention of not
complying, then civil law considers that as a breach of
1. Comply with rules on joinder of parties --- applicable
contract (Art. 1198 NCC debtor loses benefit of a period
only if 2 or more parties are joined and not when there
Ex. 1st installment fell due; creditor demanded; debtor
is only 1 plaintiff and 1 defendant
denies entire obligation creditor can file a complaint
for the entire obligation.
2. Shall not include SCA or actions governed by special
rules (i.e. interpleader, quo warranto, ejectment cases,
Rule 5 (Acceleration Clause, one cause of action)
those covered by summary procedures and small
When the failure to comply with one of several stipulations
claims cases)
in a continuing contract constitutes a total breach, he can
file a complaint for the entire contract.
3. Court has both jurisdiction and venue;
Ex. a provision in contract w/c states that nonpayment
Exception: where the causes of action are between
of any installment will cause the whole obligation to be
the same parties pertain to different venues or
due, entitling the creditor to file one complaint for the
jurisdictions, the joinder may be allowed in the
entire obligation only one cause of action; he cannot
Regional Trial Court provided one of the causes of
split it anymore.
action falls within the jurisdiction of said court and the
venue lies therein.
RULES 1-5 7

4. Totality test Where there are several claims or causes Correlate with Rule 3, Section 11 (misjoinder and non-
of actions between the same or different parties, joinder of parties) - both are also not grounds for
embodied in the same complaint, the amount of the dismissal
demand shall be the totality of the claims in all causes Joinder of causes of action is always permissive hence
of action, irrespective of the causes of action arose no provision on non-joinder of causes of action, while
out of the same or different transactions. (BP 129) there is compulsory joinder of parties and hence there
is a provision for non-joinder of parties.
The totality test in Rule 2 of Rules of Court
appears to be of a more limited scope. In B.P. RULE 3
129, the totality test refers to all claims of causes PARTIES TO CIVIL ACTIONS
of action that are embodied in one complaint,
whether they pertain to the same or different Classes of Parties (RRPIN)
parties or they arise out of the same or different 1. Real Party in Interest
transaction. The totality test in Rule 2 speaks only 2. Representative Parties
about causes of action for recovery of money. The 3. Permissive Parties
totality of money claims will be determinative of 4. Indispensable Parties
the jurisdiction of the courts. 5. Necessary Parties

Illustrations: Section 1. Who may be parties; plaintiff and defendant.

one from MTC, another from RTC = joinder in RTC
allowed Requisite to be a party in a civil action:
one from RTC Manila, another from RTC Davao = 1. A natural person, juridical person or entities
joinder in either of the two allowed authorized by law:
one from MTC, another from MTC = joinder not 2. Has legal capacity to sue
allowed. One must at least be under RTC's 3. A real party-in-interest
one filed by A in RTC Manila, another filed by B in Ex. Juridical person:
RTC QC = joinder not allowed. Must be same The State and its political subdivisions;
parties; but joinder of parties is allowed if it complies corporations, institutions created by law; and
w/ sec 6 rule 3. corporations, partnerships and associations to which
real action MTC and ejectment MTC = joinder not the law grants a juridical personality, separate and
allowed, one case is governed by summary distinct from that of each shareholder, partner or
procedure. member [Art. 44, CC]
partition RTC and collection suit RTC = joinder not NOTE: sole proprietorship is not vested with juridical
allowed, partition is SCA. personality
Ejectment case against 10 squatters = joinder
allowed but only if venue pertains to the same MTC. Foreign Corporation
If licensed to engage in business in the Philippines, it
Certiorari w/ Habeas Corpus may sue or be sued in our courts;
A petition for certiorari which is a special civil action If not licensed but engaged in business in the
Philippines, it cannot sue, but it may be sued in our
could be filed together with a petition for habeas corpus
which not a special civil but it is in fact a special If not engaged in business in the Philippines, it may
proceeding and therefore the procedure followed by 2 sue in courts on a single isolated transaction, but it
different petitions are different. That should be cannot be sued in our courts on such transaction.
disallowed under Section 5, but that is allowed
according to the SC by way of exception. (pro hac vice) Ex. of entity authorized by law:
(reason: SC can suspend the rules) estate of a deceased
political party incorporated under Corporation Code
Section 6. Misjoinder of causes of action. corporation by estoppel
contract of partnership having a capital of P3,000.00
Remedy: not to dismiss the case but ask the court or or more but which fails to comply with the registration
motu proprio that misjoined case be severed and tried requirements is nevertheless liable as a partnership
separately. The court will drop the cause of action not w/n to third persons.
its jurisdiction but will continue w/ that w/n its jurisdiction. legitimate labor organization may sue and be sued in
its registered name.
If issue of misjoinder not raised and trial proceeded, Roman Catholic Church
decision of the court will still be valid and binding as A dissolved corporation may prosecute and defend
long as the trial court has jurisdiction over the misjoined suits by or against it provided that the suits (i) occur
causes. within three years after its dissolution, and (ii) the
RULES 1-5 8

suits are in connection with the settlement and

closure of its affairs. Failure to implead real-party-in-interest is dismissible on
a MTD (failure to state cause of action)
Section 2. Parties in interest.
trustee for implied trust is not a representative. There
Ex. The owner not the tenant, the operator not the driver, must an actual agreement in order to prosecute or
the passenger not the parents of the passenger, the defend in ones name. Implied trusts are merely
principal not the attorney-in-fact designated presumed by law.

"In" the name not "by" the name Section 4. Spouses as parties.
- must be in the name of the real party in interest but need
not be actually be prosecuted or defended by him. Action Gen. Rule: Husband and wife shall sue and be sued
may be prosecuted or defended by another. jointly.

Gen Rule: in breach of contract, the parties to the Exceptions (as provided by law):
contract are the real party in interest. 1. a co-owner or a partner can file a case on behalf of the
other co-owners or partners.
Except: SC: As long as one of the spouses who acts as
a. when with stipulation favorable to a third person plaintiff continues to recognize the existence of the
(stipulation pour autrui -Art. 1311) ex. TPL in co-ownership, there is nothing wrong if the other
insurance spouse is not included in that complaint. In the family
b. rescission of contracts entered into in fraud of code, husband and the wife are treated for purposes
creditors of actions as co-owners of the properties acquired
during the marriage. Hence, filing of the complaint by
Meaning of real interest husband alone will not be a violation of the rules of
Present, direct, substantial and material interest not court. The wife will not be an indispensable nor a
mere expectancy or a future, contingent, subordinate, necessary party. But he must admit in the allegations
or consequential interest (Republic v Agunoy) that he is simply acting as a co-owner of the
Lack of legal capacity to sue - plaintiffs general But if he alleges that he is the sole owner, then he
disability to sue, such as on account of minority, insanity, should implead the wife because he is no longer
incompetence, lack of juridical personality or any other filing a complaint in representation of the co-
general disqualifications. A ground for a MTD (Rule 16,
ownership but instead he now denies the existence
Sec 1(d).
of that co-ownership.
Lack of legal personality to sue - plaintiff is not the real 2. complete separation of property; or with respect to
party in interest. Ground for MTD based on the failure of his/her exclusive property
complaint to state a cause of action. [Rule 16 (1) (g)]
Section 5. Minor or incompetent persons.
Indispensable party vs. Real party-in-interest
An indispensable party is always the real-party-in-interest, Although under Family Courts Act, a guardianship
but the real-party-in-interest is not necessarily an proceeding is cognizable exclusively by a family court,
indispensable party nor a necessary party. still an inferior court can appoint a guardian ad litem w/c
Ex. in a case filed by a co-owner for recovery of co- is an incident or collateral to the main action. The
owned prop, the other co-owners are real-party-in- guardianship proceeding in Family Courts Act does not
interest but not indispensable;
refer to the appointment of guardian ad litem, it refers to
General rule: Actions must be filed against real parties in general guardianship.
Exceptions: Section 6. Permissive joinder of parties.
1. class suit
2. entity without juridical personality
Requisites of permissive joinder of parties:
3. any co-owner may bring an action for ejectment
1. There is a right to relief in favor of or against the
parties joined in respect to or arising out of the same
Section 3. Representatives as parties. transaction or series of transactions
The plaintiff must implead both the representative party 2. There is a question of law or fact common to the
and the real-party-in-interest parties joined in the action
Trustee for express trust Optional; not mandatory
Guardian for the ward nature of the case cannot be different because of the
requirement of common question of law or fact.
Executor or administrator for the estate
Reasons why the law encourages it:
Agent for the principal
a. To promote convenience in trial
RULES 1-5 9

b. To prevent multiplicity of suit necessarily be directly or injuriously affected by a

c. To expedite the termination of the litigation decree which does not complete justice between them.
d. To attain economy of procedure In Vehicular Accident (driver and operator-owner) If
quasi-delict case, owner is neither indispensable nor
Joinder of parties vs. joinder of causes of action necessary party since liability is solidary. If culpa-
Where there is joinder of parties, there is automatically a contractual, only the owner is indispensable. If criminal
joinder of causes of action. But there can be a joinder of case, owner is necessary party, since liability is
causes of action without a joinder of parties. subsidiary.

If there is an issue of jurisdiction in joinder of parties Section 8. Necessary party.

apply Rule 2 Sec 5. (Court should have both jurisdiction
and venue; Exception: where the causes of action are Necessary Party ought to be joined whenever possible
between the same parties pertain to different venues or in order have complete relief as to those already parties or
jurisdictions, the joinder may be allowed in the Regional for a complete determination of the claim - to adjudicate
Trial Court provided one of the causes of action falls the whole controversy and avoid multiplicity of suits. But if
within the jurisdiction of said court and the venue lies for some reason he cannot be joined, the court may
therein.) proceed without him and the judgment shall not prejudice
his rights.
Ex. one complaint with eleven causes of action, against
eleven squatters. Examples:
collection suit instituted by the creditor against the
Section 7. Compulsory joinder of indispensable parties. surety -- principal debtor
collection suit instituted by the creditor against the
Indispensable Party must be joined under any and all debtor -- the guarantor or surety
conditions, his presence being a condition sine qua non of foreclosure of real estate mortgage instituted by the first
the exercise of judicial power, for without him, no final mortgagee -- the second mortgagor
determination can be had of the action. collection suit against one joint debtor for his share
the other joint debtors
Examples: collection suit against one solidary debtor for the entire
partition of land all co-owners amount the other solidary debtors complete relief
in ejectment however, co-owners are not may be accorded to the plaintiff but there is still the
indispensable issue of reimbursement among the solidary debtors.
annulment of partition all of the heirs Accident damage suit against truck driver/owner
recovery of ownership of land person who claims to insurer of a truck under CTPL.
be the owner of the land
collection suit creditor and debtor when there are two or more debtors of the same
collection suit for the entire amount all joint debtors indebtedness, the presumption is that they are only joint
debtors. if there is no express stipulation between the
collection suit for his share only one joint debtor
parties, the debtors should share equally in the liability.
collection suit for the entire amount any solidary
Section 9. Non-joinder of necessary parties to be
Foreclosure of mortgage
mortagagor and mortgagee are indispensable parties
Pleader shall state why a necessary party is not
the 1st mortgagee is an indispensable party as pleaded
compared to the 2nd or 3rd mortgagee. The Court determines whether or not he is to be impleaded
foreclosure by the 2nd or 3rd mortgagee w/o If the court orders amendment and pleader defies, dont
impleading the 1st mortgagee will not bind the latter apply Rule 17 (dismissal), instead it will be a deemed
as he can still foreclose his mortgage. waiver of the claim against such party (Rule 3).

Section 10. Unwilling co-plaintiff.

the 2nd or 3rd and so on mortgagees are not
indispensable parties. They are only necessary
Particularly true in the case of indispensable party
parties. They are only impleaded so that they shall
because the case cannot proceed without such party.
lose their right of redemption w/c would eventually be
exercised against the 1st mortgagee who bought the He is impleaded as defendant because he cannot be
property in public sale if they are not impleaded. compelled to act as a plaintiff
He has not violated the rights of the plaintiff hence he
A person is NOT an indispensable party if his interest in does not have to file a responsive pleading but he can
the controversy or subject matter is separable from the file a counter-claim against the plaintiff (there is no
interest of the other parties, so that it will not prohibition)
RULES 1-5 10

Purpose is to subject him to jurisdiction of the court. Indispensable Parties Necessary Parties
No rule on unwilling co-defendant every defendant is w/o whom no final
Ought to be joined if
unwilling. complete relief is to be
If not impleaded, If not impleaded,
Section 11. Misjoinder and non-joinder of parties.
judgment is not valid judgment still valid
Failure to comply w/ the
Misjoinder two or more parties should not be joined but Failure to comply w/ the order of inclusion
they were improperly joined order to implead waiver of the claim
dismissal against the necessary
Non-Joinder a party who should be joined party
(indispensable) was not joined

Section 12. Class suit.

Both are not grounds for dismissal. Objections to the
defect should be made at the earliest opportunity by
General Rule: If there are several real parties in interest,
means of a Motion to Strike the Names of the Parties,
they shall be included in the case whether indispensable
otherwise deemed waived.
or necessary, whether plaintiff or defendant.
However, the rule on misjoinder or non-joinder of
Exception: Class suit (Doctrine of Virtual
parties does not comprehend whimsical and irrational
Representation) some will sue or be sued to represent
dropping or adding of parties in a complaint.
the rest
Remedies for non-joinder of indispensable party (2
views): Conditions of a Valid Class Suit:

1. MTD for failure to state cause of action (Rule 16) 1. The subject matter of the controversy is one of
Some SC cases: (Rule 16 - dismissal w/o common or general interest to many persons
prejudice). Reason: proceedings taken by the court 2. The parties are so numerous that it is impracticable
to bring them all before the court
are void; court will just be spending useless his time.
3. Parties bringing the class suit are sufficiently
If the court tried the case w/o an indispensable party, numerous and representative of the class and can
the decision will never become final and executory. fully protect the interests of all concerned;
4. The representative sues/defends for the benefit of
The court cannot motu proprio dismiss the case all.
for non-joinder of indispensable party failure to
state cause of action not one of those non-waivables The object of the suit is to obtain relief for or against
under Rule 9. numerous persons as a group, not as separate,
distinct individuals
2. Dismissal under Rule 17 for failure to obey order to
implead In a class suit, the interests of the members of the class
Failure to implead an indispensable party is not a are not specified.
ground for dismissal under Rule 16. The MTD should
A class suit shall not be dismissed on motion of the
be denied and a reasonable opportunity will be given plaintiff or be compromised w/o approval of the court
for his inclusion by amendment of the complaint. (Rule 17)
if the plaintiff disobeys the order, the court (on motion
or motu propio) can now order the dismissal of the Instance where there is no class suit:
case founded on Rule 17 (failure to comply w/ court 1. conflicting interests
order) effect of an adjudication upon the merits, 2. filed by corporation to recover property of its
unless the court otherwise provides
3. to recover real property individually held
remedy of the plaintiff is to MR(decision contrary to 4. to recover damages for personal reputation (there is
law), then appeal since it is an adjudication upon the no common or general interest in reputation of a
merits. specific individual)
5. each person has separate interests in a property
Sec 7 vs. Sec 11
Sec 7 (compulsory joinder of indispensable party ground Class Suit vs. Joinder of Parties
to dismiss) and Sec 11 (non-joinder - not ground to In a class suit, there is only one cause of action
belonging to many persons; In permissive joinder of
dismiss) does not contradict. Sec 11 is the general rule parties, there are several causes of action belonging
while sec 7 (applies to indispensable party only) is the separately and distinctly to several persons.
exception Ex. one complaint for forcible entry with 1000 causes of
action, against 1000 squatters not a class suit but a
permissive joinder of parties. Cognizable by the MTC
(same venue and jurisdiction) No common interest,
each squatter is interested only in protecting the area
he occupies.
RULES 1-5 11

Section 14. Unknown identity or name of defendant.

Quasi-party persons in whose behalf a class suit is
brought. Similar to Rule 110, Sec. 7
Usual in replevin cases due to possible transfers of
Oposa vs Factoran: person may file a complaint on possession
behalf of children who are yet unborn. Personality of the There is no such thing as unknown plaintiff. He must
minors to sue for the succeeding generation is based on identify himself
the concept of intergenerational responsibility insofar as a
balanced and healthful ecology is concerned. Section 15. Entity without juridical personality as
defendant. --- may be sued under the name by which
SC: all the members of the class that is involved in the
they are generally/commonly known, but they cannot sue
litigation are considered as indispensable parties but
under such name
they need not be identified individually in the pleadings
submitted to the court an exception to our rule that
Correlate w/:
indispensable parties must be impleaded in an existing Rule 14, Sec, 8: Service upon entity without juridical
action. Reason: a member of a class in a class suit personality: Service upon all the defendants by
always has a right to intervene (Rule 3, Sec 12) serving upon any of them, or upon the person in
Intervention usually is a matter that is given to the charge of the office or place of business
discretion of the trial court but whenever a member of a Rule 36, Sec. 6: Judgment against entity without
class in a class suit files a motion for intervention, the juridical personality: shall set out their individual
court does not have a discretion to deny the names, if known.
Section 16. Death of party; duty of counsel. (either
Under the Circular on Kalikasan, there is a section the plaintiff or the defendant)
called citizen suit - the propriety of a person filing, a
kalikasan case on behalf of persons who are yet Steps:
unborn. But from a procedural point of view, that will be
a class suit. 1. Lawyer has duty to inform the court within 30 days after
the death of the party and to give the name and
address of the legal representatives of the deceased
Derivative Suit -- minority files a suit in behalf of the
Failure to comply = ground for disciplinary action
entire corporation because intra-corporate remedy is
useless (Only peculiar to Corporation Law) an example 2. Court issues an order of substitution, directing the heirs
of a class suit. to appear before the court and to act as substitute
Class suit Representative suit
If the trial court does not observe the procedure
only one cause of action many causes of action mentioned in rule 3, after having been notified of a
belonging to many persons pertaining separately to
death of a litigant, and there is no substitution made
several people
Only the names of those All names of the by the court, the proceedings taken by the court as
representing the class beneficiaries must be well as the judgment rendered by the court are void
appear in the title included in the title (Brioso v. Rili-Mariano, 2003)
Those representing the The representative chosen
class must be real parties need not be a real party in However, despite non-substitution of the deceased
in interest interest defendant in ejecment cases, the decision of the
court is nevertheless binding upon the successor-in-
interest. (Florendo Jr. v Coloma 1984)
Section 13. Alternative defendants.
If there is no substitution but the heirs voluntarily
This is allowed even if the two causes of action are appeared in the case = deemed as waiver; defect is
inconsistent with each other
Ex. Vehicular accident not sure if A or B caused the
There is also alternative causes of action (Rule 2) and 3. The court cannot compel an heir of a deceased litigant
alternative defenses (Rule 8) to act as a substitute party in the case. If the heirs
Gen. Rule: no alternative decision, except Rule 60 refuse to act as substitute parties, then the court will
replevin either to deliver prop or pay value . have to go to the next step given in rule 3. That is to
There could be plaintiffs in alternative although there is require the other party in the case to seek the
nothing in the rules. Procedural laws should be liberally appointment of an administrator or executor of the
construed. Jara.
Ex. Right violated but not sure who owns it. ---relate
to Interpleader Rule 62
the appointment of an executor or administrator of
estate of course can only be done in a settlement
court (probate court). if the first case is pending
RULES 1-5 12

before a RTC, the appointment of an executor or Gen. Rule: the action may proceed without the need to
administrator could be secured from an inferior implead him assignee.
court acting as a settlement court.
Exception: When the substitution by or joinder of the
Prerogative of who to appoint administrator or transferee is ordered by court.
executor lies w/ the probate court complying w/ the
rules on preference. Court need not be notified of the transfer
The debtor in assignment pendente lite has the right to
The appointed executor or administrator cannot extinguish the debt by reimbursing or compelling the
refuse to accept designation as a substitute litigant assignee to accept an amount = the price paid as
because it is his duty. consideration for the assignment plus judicial costs,
interest on the price from day of payment (Art. 1634
Case will be pursued until the judgment is finally NCC). this will only apply to a right in litigation w/c is
entered. The matter can only be submitted to the sold.
settlement court if there is already an entry of in litigation = from the time of answer
judgment. Ex. Debt is 1m; assigned for 700k the debtor
may pay to assignee pendent lite only 700k
The previous pronouncement by SC that priority of The case will be dismissed if the plaintiffs interest is
substitution is given to executor or administrator is transferred to defendant unless there are several
no longer true (San Juan v. Cruz 2006) plaintiffs, in which case the remaining plaintiffs can
proceed with their own cause of action.
The substitute defendant need not be summoned. The
order of substitution shall be served upon the parties Section 20. Action and contractual money claims.
substituted for the court to acquire jurisdiction over the
substitute party Effect of Death of a Party on Money Claims
1. will not result in the dismissal
the death of the husband or the wife in marriage 2. deceased shall be substituted by his legal
related cases will lead to the dismissal of the case if representatives
3. execution shall not issue in favor of the winning
the death takes place before entry of the judgment
plaintiff. It should be filed as a claim against the
rendered by the court.(SC circular) decedents estate without need of proving the claim.

Section 17. Death or separation of a party who is a Sec. 21.Indigent party.

public officer.
Applies only when PO is a party to an action in his Salaried employee may be indigent litigant as long as
official capacity he has no money or prop for himself or family.
If the PO resigns, dies, or ceases to hold office, there
will be succession: Rule on pauper litigant
1. If the successor intends to continue with the policy, In CRIMINAL cases, court assigns counsel de officio
he will be substituted and be given 30 days to
In CIVIL cases, court will not assign a counsel for
free but the plaintiff need not pay the docket fees if
2. If the successor does not adopt the policy, the case
he applied as an indigent litigant. But if he wins, he
will be dismissed. has to pay the fees.
In both cases, a plaintiff or a defendant, and the
Section 18. Incompetency or incapacity
accused in criminal cases may apply with the PAO or
IBP to obtain free legal services, if qualified.
Different from Rule 3, Sec.3 where the party is already
incompetent or incapacitated before the case is filed Sec. 22. Notice to the Solicitor General.

Section 19. Transfer of interest.

Assignment prior to filing of action VENUE OF ACTIONS
Assignee is a real party in interest/ indispensable party.
Assignor is not an indispensable nor a necessary party. Venue- place where action must be instituted and tried.
Ex. assignment of right (credit) before filing complaint In civil cases it is only procedural (venue); In criminal
Debtors consent is not necessary. But notice is cases it is jurisdictional (territorial jurisdiction).
required. If payment before notice obli Rule on venue applies only to trial courts. They dont
extinguished. apply to appellate courts. There is no rule on venue in
so far as the SC is concerned because there is only
Transfer of interest pendente lite one SC. CA has 3 stations in Manila, Cebu, and CDO,
Assignee is not an indispensable party nor even a but there is still only one CA and one venue, these are
necessary party. He is bound by the judgment whether mere stations and places of holding sessions.
impleaded or not.
Transferor remains indispensible party
RULES 1-5 13

Jurisdiction Venue (civil cases)

Authority of the court to hear Place where the case is Section 2 vs section 3: Section2- non-resident and in
the Philippines while Section3 - non-resident and not in
the case tried
the Philippines

Venue is waivable and Gen Rule: non-resident how is not in Philippines = cannot
Jurisdiction over subject
can be subject of sue him in the Philippine court because the latter cannot
matter cannot be waived acquire jurisdiction over his person. Process served by the
court is not enforceable beyond the territorial limits of the
Governed by substantive Governed by procedural
law BP 129 law rule- rule 4 Exception:
1. The action that affects the personal status of the
plaintiff (action in rem) e.g. acknowledgment,
Refers to the relation of the Relation between the annulment of marriage,
2. The action affects the property or any portion
parties to the court parties
thereof of said defendants located here in the
Philippines; (in rem or quasi in rem)

Jurisdiction over the person of the defendant is

Limits the courts authority Limits plaintiffs rights essential in action in personam not in actions in rem or
quasi in rem so long as the court does not render
personal judgment against the defendant.

If plaintiff is non-resident and not found in the Phil

Ground for MTD: venue was IMPROPERLY LAID.
same rules on venue, court will still acquire jurisdiction
The trial court cannot motu propio dismiss a case on
over his person by the filing of the complaint.
the ground of improper venue
Sec. 4. When Rule onot applicable.
Exception: may motu propio dismiss case on the
ground of improper venue in an action covered by the When Ordinary Rule on Venue not applicable:
rules on summary procedure and small claims cases
1. Law otherwise provides
Section 1. Venue of real actions. Civil action arising from LIBEL art. 360 of RPC
(a) Province or city where the article was printed
If case involves two properties located in two different and first published or
places: (b) where any of the offended parties actually
(a) if the properties are the object of the same resides at the time of the commission of the
transaction, file it in any of the two places offense or
(b) If they are the subjects of two distinct transactions, (c) If one of the offended party is a public officer,
separate actions should be filed in each place where the article was printed and first published
unless properly joined. or where he held office at the time of the
See examples of real actions in previous discussion commission of the offense.
Art. 8, sec 5 of constitution- the SC may order a
Sec. 2. Venue of personal actions change of venue or place of trial to avoid a
Personal action is Called Transitory Action miscarriage of justice.
Provision refers to Principal defendant and principal
plaintiff and not just a mere nominal defendant and 2. Rule otherwise provides
plaintiff. e.g. a sheriff in an action to annul an execution Rules on venue applies to Summary Procedure and
sale is a nominal party Small Claims cases (suppletory application)
See examples of personal actions in previous
discussion 3. Agreement of parties
agreement must state that the case can ONLY,
Venue of mixed action: SOLELY or EXCLUSIVELY be filed in the place
The feature of an action as a real action will prevail over agreed upon (restrictive words)
its feature as a personal action. Word shall not enough - becomes only optional
or just an additional place where to file the suit.
Residence of the parties
actual or physical residence, not the domicile Requisites for a venue to be exclusive:
Residence of a corporation- the place where its head 1. In writing
office is situated as stated in the AOI 2. Executed by the parties before the filing of the
action (After commencement of action, parties may
Non-resident defendant in the Phil still agree on venue but it will be subject to the
or in case of a non-resident defendants where he may discretion of the court to recognize it.)
be found- in the Philippines. E.g. balikbayan on 3. feature of exclusivity;

Sec. 3. Venue of actions against non-residents.

RULES 1-5 14

Means of waiving venue:

1. Failure to object via motion to dismiss
2. Affirmative relief sought in court where the case is
3. Voluntary submission to the court where the case is
4. Laches

Sweetlines vs. Teves 1978:

If the agreement concerning venue will cause undue
burden of remedies to a plaintiff or violates public policy,
then the agreement can be set aside by the court. The
rule on venue is designed for the convenience of the
plaintiff, the injured party.


Section 1. Uniform procedure.

Sec. 2. Meaning of terms.