Professional Documents
Culture Documents
The word "and," whether it is used to connect words, phrases or full sentences, must be accepted as
binding together and as relating to one another. [Commissioner of Internal Revenue vs Ariete, G.R. No.
164152, January 21, 2010]
Under the rules on syntax, the conjunctive word "and" denotes a "joinder or union" of words, phrases, or
clause; it is different from the disjunctive word "or" that signals disassociation or independence.
However, a more important rule of statutory construction dictates that laws should be construed in a
manner that avoids absurdity or unreasonableness.
[]Microsoft vs Manansala, G.R. No. 166391, OCTOBER 21, 2015]
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NEW RULES regarding prohibited pleadings
Section 2 (m), Rule II
Section 1, Rule II. Applicability of the regular rules. The regular procedure prescribed in the Rules of
Court shall apply to the cases covered by these Rules where no specific provision is found therein. It shall
also apply in a suppletory manner even if there is a specific provision found in these Rules, but only in so
far as not inconsistent. In case of inconsistency, these Rules shall prevail.
Section 2. Pleadings allowed. — The claims of a party are asserted in a complaint, counterclaim, cross-
claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.
The defenses of a party are alleged in the answer to the pleading asserting a claim against him or her.
An answer may be responded to by a reply only if the defending party attaches an actionable document to
the answer.
Section 3. Complaint. — The complaint is the pleading alleging the plaintiffs or claiming party's cause or
causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint
RULE 19
Section 1. Who may intervene. — A person who has a legal interest in the matter in litigation, or in
the success of either of the parties, or an interest against both, or is so situated as to be adversely affected
by a distribution or other disposition of property in the custody of the court or of an officer thereof may,
with leave of court, be allowed to intervene in the action. The court shall consider whether or not the
intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and
whether or not the intervenor's rights may be fully protected in a separate proceeding.
-->OLD PROVISION
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Section 5. Litigious motions. — (a) Litigious motions include:
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"A real party-in-interest is the party who stands to be benefited or injured by the judgment in the suit, or
the party entitled to the avails of the suit.
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Case law states that intervention is never an independent action, but is merely ancillary and supplemental
to the existing litigation. Its purpose is not to obstruct or unnecessarily delay the placid operation of the
machinery of trial, but merely to afford one not an original party, who is claiming a certain right or
interest in the pending case, the opportunity to appear and be joined so he could assert or protect such
right or interests. In other words, the right of an intervene or should only be in aid of the right of the
original party.
[MAJESTIC FINANCE AND INVESTMENT CO vs TITO, G.R. No. 197442, October 22,
2014]