Professional Documents
Culture Documents
CA – can it also act as a trial court? Yes, under Rule 47 Real party in interest – the party who stands to be benefited or
Annulment of judgment of RTC injured by the judgment in the suit
- Also annulment of judgments or final orders of MTC - Or the party entitled to the avails of the suit
- Rule 47, Sec. 10 – go to RTC, not CA
Prosecuted or defended – in the NAME of the real party in interest
Unlawful detainer & forcible entry – file in MTC, not RTC
Rule 6, Sec. 1
MTC – can decide on habeas corpus – in the absence of ALL RTC
judges Pleadings – written statements of the respective claims & defenses
of the parties submitted to the court for appropriate judgment
RoC not applicable to agrarian cases Several causes of action – several suits can also be files
- E: When issue involves just compensation - Several causes of action can be joined
Commence filing of the original complaint in court Ques: Is there joinder of causes of action?
- 2nd sentence – Remember a new cause of action or - Yes. Sec 5(d) – All money claims – all personal action
defendant
- File amendment Misjoinder of action – is this a ground for dismissal of the case? NO
- Should incorporate Rule 10 - Could be severed or proceeded with separately
- Amended complaint - Motion of a party
- Later pleading – not in original pleading - Initiative of the court or motu proprio
- Commenced with regard to him on the date of filing of such
later pleading (written motion) Ques: Who may be parties? Rule 3, Sec. 1
- Plaintiff & defendant – include Sec. 15, Rule 3
Rule 15 – Motions - Natural or juridical persons or entities authorized by law
- Irrespective of motion for its admission is denied by court
- Motion may be filed after answer Ques: Who is a plaintiff?
- May not always be approved - Claiming party, counter-claimant, cross-claimant or 3rd (4th,
- Even if denied by court – civil action has already commenced etc.) party plaintiff
– for amendment
Files a counterclaim – defendant becomes plaintiff
Ques: Who is a defendant?
- Original defending party
- Defendant in a counterclaim
- Cross defendant
- 3rd (4th, etc.) party defendant