II

7. What is the effect if a cause of action is split?

If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment
upon the merits in any one is available as a ground for the dismissal of the others. (Rule 2, Section 4).

8. What are the three kinds of forum shopping? ( d ko sure kung tama)

Three ways of committing forum shopping

The Supreme Court enumerated the ways by which forum shopping may be committed, thus:

(1) filing multiple cases based on the same cause of action and with the same prayer, the
previous case not having been resolved yet (where the ground for dismissal is litis pendentia);

(2) filing multiple cases based on the same cause of action and the same prayer, the
previous case having been finally resolved (where the ground for dismissal is res judicata); and

(3) filing multiple cases based on the same cause of action, but with different prayers (splitting
of causes of action, where the ground for dismissal is also either litis pendentia or res judicata)
(Chua v. MetroBank, 596 SCRA 524, 535-536). (Riano Book 2011, p 275)

9. What is a joinder of causes of action?

Joinder of causes of action is the assertion of as many causes of action as a party may have
against another in one pleading alone (Sec. 5, Rule 2, Rules of Court). It is the process of uniting
two or more demands or rights of action in one action (1 C.J.S., Actions § 61).

10. . When is a joinder of action is allowed?

A party may in one pleading assert, in the alternative or otherwise, as many causes of action as
he may have against an opposing party, subject to the following conditions:

a) The party joining the causes of action shall comply with the rules on joinder of parties;
b) The joinder shall not include special civil actions or actions governed by special rules;
c) Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes
of action falls within the jurisdiction of said court and venue lies therein; and
d) Where claims in all causes of action are principally for recovery of money, the aggregate
amount claimed shall be the test for jurisdiction (Sec. 5, Rule 2)
 11. Why is a joinder of cause of action allowed?

A joinder of cause of action is only permissive not compulsory; hence a party may desire to file a single
suit for each of his claims. . (Riano 2011)

Unlike in splitting of cause of action, joinder of cause of action minimizes multiplicity of suits and
inconvenience on the parties.

III

1. What is a condition precedent to the filing of a complaint?

Common usage refers to conditions precedent as matters which must be complied with before a
cause of action arises. (Riano 2011, P 291).

2. Give five examples of conditions precedent?

 A tender of payment is required before making a consignation (Art. 1256, Civil Code of
the Philippines).
 Exhaustion of administrative remedies is required in certain cases before resorting to
judicial action
 Prior resort to barangay conciliation proceedings is necessary in certain cases (Book III,
Title I, Chapter 7, Local Government Code of 1991).
 Earnest efforts toward a compromise must be undertaken when the suit is between
members of the same family and if no efforts were in fact made, the case must be
dismissed (Art. 151, Family Code of the Philippines). Such efforts are not required in
special proceedings (Bar 2011).
 Arbitration may be a condition precedent when the contract between the parties
provides for arbitration first before recourse to judicial remedies. (Manila, 303 SCRA
448; Dy v. Court)
(Riano 2011, P 291, 292).