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In what cases the Rules of Court not proceeding and it at least connotes a reasonable
applicable? attempt at compliance with the rules (Felix Martos, Et
Al. V. New San Jose Builders, Inc., G.R. No. 192650,
October 24, 2012).

These Rules shall not apply to election cases,

land registration, cadastral, naturalization and
insolvency proceedings, and other cases not herein 4. How is a civil action commenced?
provided for, except by analogy or in a suppletory
character and whenever practicable and convenient.

It is commenced by the filing of the original

complaint in court (Sec. 5, Rule 1). It can be instituted
by filing the complaint by personal service or by
registered mail (Sec. 3, Rule 13)
2. Define:

a. civil action;
b. criminal action; and
c. special proceedings
5. What is the consequence of filing two or more
cases for a single cause of action?

CIVIL ACTION: A civil action is one by which a

party sues another for the enforcement or protection
of a right, or the prevention or redress of a wrong
If two or more suits are instituted on the basis
(Rule 1, Sec. 3).
of the same cause of action, the filing of one or a
judgment upon the merits in any one is available as a
CRIMINAL ACTION: It is one by which the state ground for the dismissal of the others (Sec. 4, Rule 2).
prosecutes a person for an act or omission punishable
by law [Sec. 3(b), Rule 1].

SPECIAL PROCEEDINGS: a special proceeding is

a remedy by which a party seeks to establish a status,
a right, or a particular fact [Rule 1, Sec. 3 (c)].
6. What is the rule on joinder of causes of action?

1. The party shall comply with the rules on joinder of

parties (Sec. 6, Rule 3);

a. Right to relief arises out of the same

3. What is the rule in the interpretation of the
transaction or series of transaction
b. There is common question of law of law or fact

2. The joinder shall not include special civil actions

governed by special rules;
GR: The Rules shall be liberally construed in order to
promote their objective of securing a just, speedy and
3. Where the causes of action are between the same
inexpensive disposition of every action and proceeding
parties but pertain to different venues or jurisdictions,
(Sec. 6, Rule 1).
the joinder may be allowed in the RTC provided one of
the causes of action falls within the jurisdiction of said
Exceptions: The following shall be strictly construed: court and venue lies therein; and

1. Reglementary periods; 4. Where claims in all causes of action are principally

2. Rule on forum shopping; and for recovery of money, the aggregate amount claimed
3. Service of summons. shall be the test for jurisdiction (Sec. 5, Rule 2) (Bar
The liberal construction of the rules may only be
invoked in situations where there is an excusable
formal deficiency or error in a pleading, provided that
the same does not subvert the essence of the
NOTE: A joinder of causes of action is only permissive, (permissive joinder of parties). The totality rule is not
not compulsory; hence, a party may desire to file a applicable if the claims are separate and distinct from
single suit for each of his claims (Riano, 2014). each other and did not arise. from the same
transaction. In the case of Flores v. Mallare Philips, the
SC did not apply the totality test where there are two
claims filed by Flores first against Ignacio Binongcal
and the second cause of action was against Fernando
Calion for allegedly refusing to pay an amount
representing cost of truck tires. Totality rule is subject
7. What are the limitations of the rule on joinder to the rules on joinder of parties. If there is a
of causes of action? misjoinder of parties for the reason that the claims
against respondents are separate and distinct, then
xx 2. The joinder shall not include special civil actions Cneither of which falls within the RTC s jurisdiction
governed by special rules (Remedio V. Flores V. Hon. Judge Heilia S. Mallare-
Phillipps, G.R. No. L-66620, September, 24, 1986).

8. Can the case be dismissed on the ground of

misjoinder of causes of action?

No. There is a misjoinder when two or more 10. Who is a real party in interest?
causes of action were joined in one complaint when
they should not be so joined. This is not a ground
for dismissal of an action. A misjoined cause of
action may, on motion of a party or on the initiative of He is the party who stands to be: (BIE)
the court, be severed and proceeded with separately
by filing a motion in relation thereto (Sec. 6, Rule 2).
1. Benefited;
There is no sanction against non-joinder of separate
causes of action. Non-joinder of causes of action
should be joined. 2. Injured by the judgment in the suit; or

3. The party entitled to the avails of the suit (Sec. 2,

Rule 3).

9. What is the “Totality Rule” under BP 129?

NOTE: To be a real party-in-interest, the interest must
be real, which is a present substantial interest as
distinguished from a mere expectancy or a future,
contingent subordinate or consequential interest (Rayo
Totality or Aggregate Rule v. Metrobank, G.R. No. 165142, December 10, 2007).
It is an interest that is material and direct, as
Where there are several claims or causes of distinguished from a mere incidental interest in the
actions between the same or different parties question (Samaniego v. Aguila, G.R. No. 125567, June
embodied in one complaint, the amount of the demand 27, 2000).
shall be the totality of the claims in all causes of action
irrespective of whether the causes of action arose out
of the same or different transaction (Sec.5(d), Rule 2).

NOTE: Under the present law, the totality rule is

applied also to cases where two or more plaintiffs
11. Who is the real party in interest if the action
having separate causes of action against a defendant
is commenced or prosecuted by a
join in a single complaint, as well as to cases where a
plaintiff has separate causes of action against two or
more defendants joined in a single complaint.
However, the causes of action in favor of the two or
more plaintiffs or against the two or more defendants
should arise out of the same transaction or series of RULE 3, Sec. 3. Representatives as
transactions and there should be a common question parties. Where the action is allowed to be prosecuted
of law or fact, as provided in Sec. 6, Rule 3 or defended by a representative or someone acting in
a fiduciary capacity, the beneficiary shall be included in 13. What should the plaintiff do if a co-plaintiff
the title of the case and shall be deemed to be the real refuses to be joined as such?
party in interest.

Example: If a minor was injured, a case for damages

has to be filed in behalf of the minor. The law allows RULE 3, Sec. 10. Unwilling co-plaintiff. If
the PARENTS to come in and be the plaintiff. Parents the consent of any party who should be joined as
are the representative parties but the law still requires plaintiff cannot be obtained, he may be made a
the minor to be included in the TITLE of the case and defendant and the reason therefor shall be stated in
shall be deemed the Real Party in Interest. the complaint.

(In case iask) (May refer to both indispensable and necessary party.
The law only mentions “any party”.)
A representative may be:

1. A trustee of an express trust,

2. A guardian,
3. An executor or administrator,
4. A party authorized by law or these Rules.
14. Distinguish an indispensable party from a
necessary party.
An agent acting in his own name and for the
benefit of an undisclosed principal may be sued or sue
without joining the principal EXCEPT when the contract
involves things belonging to the principal.
An indispensable party must be joined under
any and all conditions, his presence being a condition
sine qua non of the exercise of judicial power, for
without him, no final determination can be had of the

12. Can the court dismiss the case outright for A necessary party ought to be joined
non-joinder of indispensable party? whenever possible in order to adjudicate the whole
controversy and avoid multiplicity of suits, but if for
some reason or another he cannot be joined, the court
may proceed without him and the judgment shall not
RULE 3, Sec. 11. Misjoinder and non- prejudice his rights.
joinder of parties. Neither misjoinder nor non-joinder
of parties is ground for dismissal of an action. Parties
may be dropped or added by order of the court on
motion of any party or on its own initiative at any Indispensable Necessary
stage of the action and on such terms as are just. Any An action cannot proceed The action can proceed
claim against a misjoined party may be severed and unless they are joined even in the absence of
proceeded with separately. some necessary parties
No valid judgment, if The case may be
The non-joinder of an indispensable or a indispensable parties are determined in court but
necessary party is not ipso facto a ground for the not joined the judgment therein will
dismissal. not resolve the entire
controversy if a
REMEDY: Order the inclusion of the party who necessary party is not
should be joined. Non-compliance with the said order joined
would be a ground for the dismissal of the action. They are those with such They are those whose
(It’s the non-compliance with the order, not the an interest in the presence is necessary to
misjoinder itself) The absence of an indispensable controversy that a final adjudicate the whole
party renders all subsequent actions of the court null decree would necessarily controversy but whose
and void for want of authority to act, not only as to the affect their rights so that interests are so far
absent parties but even as to those present. the court cannot proceed separable that a final
without their presence decree can be made in
their absence without
affecting them
15. What is the legal effect of plaintiff’s failure to Section 6 of Rule 3, the total of all the claims shall now
include a necessary party ordered by the court to furnish the jurisdictional test (Flores vs. Judge Mallare-
be joined as such? Phillipps, GR. L – 66620).

RULE 3, Sec. 9. Non-joinder of necessary

parties to be pleaded. Whenever in any pleading in
which a claim is asserted a necessary party is not
17. What should a party do if he is uncertain as
joined, the pleader shall set forth his name, if
to whom he is entitled to relief?
known, and shall state why he is omitted.

Should the court find the reason for the omission

unmeritorious, it may order the inclusion of the
omitted necessary party if jurisdiction over his The party should follow the rule laid down in
person may be obtained. Section 13, Rule 3 of the Rules of Court. It provides:

The failure to comply with the order for his inclusion,

without justifiable cause, shall be deemed a waiver of
the claim against such party. The non-inclusion of a Section 13. Alternative defendants. — Where the
necessary party does not prevent the court from plaintiff is uncertain against who of several persons he
proceeding in the action, and the judgment rendered is entitled to relief, he may join any or all of them as
therein shall be without prejudice to the rights of such defendants in the alternative, although a right to relief
necessary party. against one may be inconsistent with a right of relief
against the other.

16. What is the rule on permissive joinder of

parties? 18. What is the duty of counsel in case a party to
the action dies?
The rule on permissive joinder of parties is
provided in Section 6, Rule 3 of the Rules of Court. It
The duty of counsel in case his client dies
Section 6. Permissive joinder of parties. — All persons during the pendency of the action is provided for in
in whom or against whom any right to relief in respect Section 16(par. 1), Rule 3 of the Rules of Court. It
to or arising out of the same transaction or series of provides:
transactions is alleged to exist, whether jointly,
severally, or in the alternative, may, except as
otherwise 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 Section 16. Death of party; duty of counsel. —
to all such defendants may arise in the action; but the Whenever a party to a pending action dies, and the
court may make such orders as may be just to prevent claim is not thereby extinguished, it shall be the duty
any plaintiff or defendant from being embarrassed or of his counsel to inform the court within thirty (30)
put to expense in connection with any proceedings in days after such death of the fact thereof, and to give
which he may have no interest. the name and address of his legal representative or
representatives. Failure of counsel to comply with his
duty shall be a ground for disciplinary action….
[Stated differently, joinder of parties is permissive
when there is a right or relief in favor of or against the
parties joined in respect to or arising out of the same
transaction or series of transactions, and there is a
question of law or fact common to the parties joined in
the action.]
19. If interest in the subject matter of the suit is
transferred during the pendency of the case, is it
mandatory to substitute the party transferor?
It must be noted that in cases of permissive joinder of
parties, whether as plaintiffs or as defendants, under
No. Section 19, Rule 3 of the Rules of Court Under Section 12 of Rule 3, a class suit exists
provides: when the subject matter of the controversy is one of
common or general interest to many persons or so
numerous that it is impracticable to join all the parties.
In which case, a number of them which the court finds
to be sufficient to protect the interest of all concerned
Section 19. Transfer of interest. — In case of any
may sue or defend for the benefit of all.
transfer of interest, the action may be continued by or
against the original party, unless the court upon
motion directs the person to whom the interest is
transferred to be substituted in the action or joined
with the original party.

23. Can an organization not registered with the

SEC be sued?

Yes. Entities without juridical personality can

20. Who may be considered an indigent party? be sued as a defendant. Section 15 of Rule 3 provides
that, when two or more persons not organized as an
entity with juridical personality enter into a
An indigent party is one who is allowed by the
transaction, they may be sued under the name by
court to litigate his claim, action or defense upon ex
which they are generally or commonly known.
parte application and hearing, when the court is
However, in the answer of such defendant, the names
satisfied that such party has no money or property
and addresses of the persons composing said entity
sufficient and available for food, shelter, basic
must all be revealed.
necessities for himself and his family. If one is
authorized to litigate as an indigent, such authority
shall include an exemption from the payment of docket
fee, and of transcripts of stenographic notes, which the
court may order to be furnished to him. However, the
amount of the docket and other fees, which the
indigent was exempt from paying, shall be lien on the
24. If the defendant in a collection case dies
judgment rendered in the case favorable to the
during the pendency of the case, is there a need
indigent. A lien on the judgment shall or arise if the
to substitute the defendant pursuant to the
court provides otherwise(Sec. 21, Rule 3).
provision of Section 16, Rule 3?

Yes. There is a need to substitute the

defendant because a collection case is an action that
Note: Read codal for exact legal terms used.  survives the death of the defendant.

In such case, it shall be the duty of the counsel

of the deceased to inform the court within 30 days
after such death of the fact thereof, and to give the
name and address of his legal representative or
representatives. Thereafter, the court on its discretion,
21. What are the privileges of an indigent party?
shall order said legal representative or representatives
to appear as substitute or substitutes of the deceased
Under Section 21 of Rule 3, an indigent party party.
shall be exempted from payment of docket and other
lawful fees, and of transcripts of stenographic notes
which the court may order to be furnished by him.

However, the amount of the docket and other

lawful fees which the indigent was exempted from
paying shall be considered as a lien on any judgment 25. Can an unknown party be sued?
rendered in favor to him.
Yes. Section 14 of Rule 3 provides that
whenever the identity or name of a defendant is
unknown, he may be sued as the unknown owner,
heir, devisee, or by such other designation as the case
may require; when his identity or true name is
discovered, the pleading must be amended
22. What is a class suit? accordingly.