Civil Procedure

ASSIGNMENT 2
Andres Bonifacio College
School of Law
Atty. Richelle A. Noblefranca
January 26, 2023

1) Mr. Matalino entered into three different contracts with his friends Kat (contract of
lease), Che (contract of mortgage) and Mon (contract of sale) involving the same
parcel of land. All violated the terms of their respective agreements. Can Mr.
Matalino institute a single complaint for all three? Explain briefly.

No, Mr. Matalino cannot institute a single complaint for all three.
The Rules of Court provides that there can only be a permissive
joinder of action if there is one cause of action against different
parties. In this case, Mr. Matalino entered into three different
contracts with three different individuals. The breach of the respective
contracts by Kat, Che and Mon constitute three separate causes of
action. Since only one action can stem from one cause of action, Mr.
Matalino cannot institute a single complaint for all three. Mr. Matalino
must file three separate complaints.

2) Holly is a resident of Manila, while Riffy and Rovytte are residents of Batangas
City. The three are the co-owners of a parcel of residential land located in Pasig
City with an assessed value of P410,000.00. Holly borrowed P500,000.00 from
Riffy which she promised to pay on or before December 1, 2021. However, Holly
failed to pay her loan. Holly also rejected Riffy and Rovytte's proposal to partition
the property.

Riffy filed a complaint against Holly and Rovytte in the Regional Trial Court of
Pasig City for the partition of the property. She also incorporated in her complaint
her action against Holly for the collection of the latter's P500,000.00 loan, plus
interests and attorney's fees.

State with reasons whether it was proper for Riffy to join her causes of action in
her complaint for partition against Holly and Rovytte in the Regional Trial Court of
Pasig City.

No, it was not proper for Riffy to join her causes of action against
Rovytte in her complaint for partition against Holly and Rovytte. The
causes of action may be between the same parties Riffy and Holly with
respect to the loan but not with respect to the partition which includes
Rovytte. The joinder is between a partition and sum of money, but the
partition is a special action which cannot be joined. Also, the causes
pertain to different venues and jurisdictions.

3) Buzz obtained a loan from Woody secured by a real estate mortgage. For failure
to pay the loan, Woody filed a collection of sum of money. Thereafter, Woody
also filed an action for the foreclosure of the mortgage. Can Woody file two (2)
complaints arising from the non-payment of the loan?
 No, Woody cannot file two complaints arising from one cause of
action. The Rules of Court do not allow the splitting of a cause of
action. There is a splitting of a cause of action when a plaintiff files for
two or more actions, based on one cause of action. A cause of action
exists when the plaintiff has a right, which the defendant was obliged
to comply with, and the defendant has allegedly breached such
obligation.

In this case, there is only one cause of action, which is the

failure of Buzz to pay the loan. Since Woody has already filed for
collection of a sum of money, the second action for the foreclosure of
the mortgage must be dismissed on the ground of litis pendentia, as
the action for collection of a sum of money is already pending in
court. 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.