D.
PARTIES TO CIVIL ACTIONS
A.M. No. 02-11-10-SC, Sec. 2
RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF
VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES
Section 2. Petition for declaration of absolute nullity of void marriages.
(a) Who may file. - A petition for declaration of absolute nullity of void marriage
may be filed solely by the husband or the wife. (n)
(b) Where to file. - The petition shall be filed in the Family Court.
(c) Imprescriptibility of action or defense. - An Action or defense for the
declaration of absolute nullity of void marriage shall not prescribe.
(d) What to allege. - A petition under Article 36 of Family Code shall specially
allege the complete facts showing the either or both parties were psychologically
incapacitated from complying with the essential marital obligations of marriages
at the time of the celebration of marriage even if such incapacity becomes
manifest only after its celebration.
The complete facts should allege the physical manifestations, if any, as are
indicative of psychological incapacity at the time of the celebration of the
marriage but expert opinion need not be alleged.
A.M. No. 02-11-11-SC, Sec. 3
RE: PROPOSED RULE ON LEGAL SEPARATION
Section 3. Summons. - The service of summons shall be governed by Rule 14
of the Rules of Court and by the following rules:
(a) Where the respondent cannot be located at his given address or his
whereabouts are unknown and cannot be ascertained by diligent inquiry, service
of summons may, by leave of court, be effected upon him by publication once a
week for two consecutive weeks in a newspaper of general circulation in the
Philippines and in such place as the court may order. In addition, a copy of the
summons shall be served on respondent at his last known address by registered
mail or by any other means the court may deem sufficient.
(b) The summons to be published shall be contained in an order of the court with
the following data; (1) title of the case; (2) docket number; (3) nature of the
petition; (4) principal grounds of the petition and the reliefs prayed for, and (5) a
directive for respondent to answer within thirty days from the last issue of
publication.
CIVIL CODE PROVISIONS
Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose,
created by law; their personality begins as soon as they have been constituted
according to law;
(3) Corporations, partnerships and associations for private interest or purpose to
which the law grants a juridical personality, separate and distinct from that of
each shareholder, partner or member. (35a)
Article 1131. For the purposes of prescription, just title must be proved; it is never
presumed. (1954a)
Article 1313. Creditors are protected in cases of contracts intended to defraud
them. (n)
Article 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they
represent suffer lesion by more than one-fourth of the value of the things which
are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the
lesion stated in the preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any
other manner collect the claims due them;
(4) Those which refer to things under litigation if they have been entered into by
the defendant without the knowledge and approval of the litigants or of competent
judicial authority;
(5) All other contracts specially declared by law to be subject to rescission.
(1291a)
E. PARTIES TO CIVIL ACTIONS

A.M. No. 09-6-8-SC, Rule 2, Secs. 4 and 5

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

RULE 2
PLEADINGS AND PARTIES

Section 4. Who may file. — Any real party in interest, including the government
and juridical entities authorized by law, may file a civil action involving the
enforcement or violation of any environmental law.

Section 5. Citizen suit. — Any Filipino citizen in representation of others,

including minors or generations yet unborn, may file an action to enforce rights
or obligations under environmental laws. Upon the filing of a citizen suit, the court
shall issue an order which shall contain a brief description of the cause of action
and the reliefs prayed for, requiring all interested parties to manifest their interest
to intervene in the case within fifteen (15) days from notice thereof. The plaintiff
may publish the order once in a newspaper of a general circulation in the
Philippines or furnish all affected barangays copies of said order.

Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by
their respective provisions.