1

PART 1 — CIVIL ACTIONS The general rule is that the facts asserted in the
ORDINARY CIVIL ACTIONS complaint must be taken into account without
modification although with reasonable inferences
RULE 2 therefrom. However, all the pleadings filed may be
CAUSE OF ACTION considered, including annexes, motions and the other
evidence on record.
SECTION 1. Ordinary civil actions, basis of. — Every
ordinary civil action must be based on a It is thus error for the court to take cognizance of
cause of action. (n) external facts. or hold a preliminary hearing to
determine their existence in determining the sufficiency
SECTION 2. Cause of action, defined. — A cause of of the statements in the complaint as setting forth a
action is the act or omission by which a cause of action (DC Crystal, Inc. vs. Laya, G.R. No. 53597,
party violates a right of another. (n) Feb. 28, 1989). Nevertheless, evidence submitted by the
parties during the hearing in an application for a writ of
ANNOTATIONS: preliminary injunction may be considered by the court
in resolving the motion to dismiss.
Elements of cause of action.
The essential elements of a cause of action are: Tests of sufficiency of cause of action.
1) a right in favor of the plaintiff by whatever
means and under whatever law it arises or is A complaint states a cause of action when the following
created; questions are answered in the affirmative:

2) an obligation on the part of the defendant to a) Does the complaint show that the plaintiff has
respect or not to violate such right: and suffered an injury?
b) Is it an injury which the law recognizes as a
3) act or omission on the part of such defendant wrong and for which it provides a remedy?
in violation of the right of the plaintiff or c) Is the defendant liable for the alleged wrong
constituting a breach of the obligation of the done?
defendant to the plaintiff for which the latter d) If the defendant is liable, is there a legal remedy
may maintain an action for recovery of for such injury?
damages or other appropriate relief.
Remedy against lack of cause of action.
Basis of cause of action.
A cause of action must be based on a source of Where the complaint states ultimate facts that
obligation, that is, law, contract, quasi-contract, delict or constitute the three (3) essential elements of a cause of
quasi-delict Thus, there is no cause of action for lawful action the complaint states a Cause of action, otherwise
acts done by one person on his property although such the complaint must succumb to an affirmative defense
acts incidentally caused damage or loss to another, as on that ground for failure to state a cause of action-n
such damage or loss is damnum absque injuria. The remedy of the defendant to file an answer raising
such deficiency as an affirmative defense under Section
Right of action, defined. 12 (a) (4), Rule 8. The court then is duty bound to
resolve such defense 30 calendar days from the filing of
A right of action is the remedial or right to relief granted the answer. Such lack of cause actor, must however,
by law to a party to institute an action against a person appear on the face of the complaint. i.e. it must be
who has committed a delict or wrong against him. determined from the allegations of the complaint and
from none other. The filing of a to dismiss on that
Right of action, distinguished from cause of action.
ground is prohibited.
The term “right of action” is the right to commence and
But in a case, it was held that the complaint should not
maintain an action. In the law on pleadings, a right of
have been dismissed merely for its failure to state a
action is distinguished from cause of action in that the
cause of action for forcible entry, for although plaintiff
former is a remedial right belonging to some persons to
has designated or denominated it in the caption as for
presently enforce a cause of action, while the latter is a
forcible entry, her allegations in the body thereof
formal statement of the operative facts that give rise to
sufficiently establish a cause of action for unlawful
such remedial right. The former is a matter of right and
detainer.
depends on substantive law, while the latter is a matter
of statement and is governed by the law of procedure. SECTION 3. One suit for a single cause of action. — A
party may not institute more than one suit
Sufficiency of cause of action, how determined.
for a single cause of action. (3a)
It is settled that the existence of a cause of action is
SECTION 4. Splitting a single cause of action; effect of.
determined by the in the complaint. The test of the
— If two or more suits are instituted on the
sufficiency of the facts alleged is or not the court could
basis of the same cause of action, the filing
render a valid judgment as prayed for, accepting as true
of one or a judgment upon the merits in any
exclusive facts set forth in the complaint. So rigid is the
one is available as a ground for the dismissal
norm prescribed that if the court should doubt the truth
of the others. (4a)
of the facts averred, it must not dismiss the complaint
but require an answer and proceed to trial on the
merits.
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If two or more suits are instituted on the basis of the

same cause of action, only one case should remain and
ANNOTATIONS: the others must be dismissed. Thus, when a single cause
of action has been split, the remedy of the defendant is
The purpose of the ales is to avoid multiplicity of suits
to move for the dismissal of the action under Section
and harassment and vexation to the defendant and its
12(a), Rule 15 on the ground that there is another
primary Objective is to avoid unduly burdening the
action pending between the same parties for the same
dockets of the courts.
cause, or, if the first action has been already terminated,
Splitting cause of action, defined. on the ground that the cause of action is barred by a
prior judgment or res judicata.
Splitting a cause of action is the act of dividing a single
cause of action, or demand into or more parts, and Thus, where the first action was for the annulment of
bringing suit for one of such parts only, intending to the mortgage and the second action was for the
reserve the rest for another separate action. annulment of the extrajudicial foreclosure and
certificate of sale, there was splitting of cause of action.
Concept of splitting cause of action. And where the first action was for the recovery of the
land, another action for the plaintiffs share in the
It is elementary that the violation of a single right may produce of said land is barred because a single action
give rise to more than one relief. In other words. for a was split into two suits.
single cause of action or violation of a right, the plaintiff
may be entitled to several reliefs. It is the filing of SECTION 5. Joinder of causes of action. — A party may
separate complaints for these several reliefs that in one pleading assert, in the alternative or otherwise,
constitutes splitting up of the cause of action. This is as many causes of action as he may have against an
what is prohibited by the rule. opposing party, subject to the following conditions:

Thus, the rule is that a mortgage-creditor has a single a) The party joining the causes of action shall
cause of action against a mortgagor-debtor, that is, to comply with the rules on joinder of parties;
recover the debt. The mortgage-creditor has the option
of either filing a personal action for collection of sum of b) The joinder shall not include special civil actions
money or instituting a real action to foreclose on the or actions governed by special rules;
mortgage security. An election of the first bars recourse
c) Where the causes of action are between the
to the second, otherwise there would be multiplicity of
same parties but pertain to different venues or
suits. The two remedies are alternative and each
jurisdictions, the joinder may be allowed in the
remedy is complete by itself. If the mortgagee opts to
Regional Trial Court provided one of the causes
foreclose the real estate mortgage, he waives the action
of action falls within the jurisdiction of said
for the collection of the debt. and vice versa. Plaintiff
court and the venue lies therein; and
cannot split up his single cause of action by filing a
complaint for payment of the debt, and thereafter d) Where the claims in all the causes of action are
another complaint for the foreclosure of mortgage. If he principally for recovery of money, the aggregate
does, the filing of the first complaint will bar the amount claimed shall be the test of jurisdiction.
subsequent complaint.
ANNOTATIONS:
This rule is applied in a recent case in which. by reason
of defendants' non-payment of a loan secured by a This rule presupposes that the different causes of action
mortgage, plaintiff filed an action for replevin against which are joined accrue in favor of the same plaintiff or
them praying for the issuance of a writ of replevin for plaintiffs and against the same defendant or defendants
the delivery of the dump truck, or, in the alternative, and that no misjoinder of parties is involved.
money judgment After taking possession of the vehicle.
plaintiff foreclosed on the chattel mortgage. The Application of the rule.
Supreme Court held that by praying for the recovery of
This modified provision abandons the rule prohibiting
possession with a money judgment as a mere
joinder of causes of action pertaining to different
alternative relief, and when it did not pursue a claim for
jurisdictions and venue. Under this modified provision,
deficiency at any time during the proceedings in said
causes of action between the same parties but
case. including appeal, plaintiff led the courts to believe
pertaining to different venues or jurisdiction may be
that it was not interested in suing a deficiency so long as
allowed in the Regional Trial Court so long as one of the
it recovered the possession of the dump truck.
causes of action falls within the jurisdiction of said
But where a party instituted an action for annulment of court and the venue lies therein. Where the causes of
free patent and/or reconveyance in the RTC, and action fall within the jurisdiction of the Municipal Trial
another action for forcible entry in the MTC it was held Courts, it is believed that joinder is allowed therein
that there was no splitting of a single cause of action provided venue of one of the causes of action lies
because a forcible entry or unlawful detainer has an therein.
entirely different subject from that of an action for
Joinder of causes of action, defined.
reconveyance of title.
Joinder of causes of action is meant the uniting of two
Effect of splitting a cause of action.
or more demands or rights of action in one action; the
statement of more than one cause of action in a
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declaration. It is the union of two or more civil causes of of such causes falls within the jurisdiction of said court
action, each of which could be made the basis of and venue lies therein. Thus, an accion publiciana
separate suit, in the same complaint, declaration or within the jurisdiction of the Municipal Trial Court and
petition. accion reivindicatoria within that of the Regional Trial
Court involving the same parties may be joined in one
complaint before the latter court which has territorial
jurisdiction over the property involved. But an accion
Objective of joinder of causes of action.
publiciana may not be joined with an action for forcible
The objective of the rule or provision are to avoid a entry because the latter requires the application of the
multiplicity of suits where the same parties and subject Revised Rule on Summary Procedure.
matter are to be dealt with by effecting one action a
Limitations on the joinder of causes of action.
complete determination of all matters in controversy
and litigation the parties involving one subject matter, A party may, in one pleading. assert as many causes of
and to expedite the disposition of litigation at minimum action, in the alternative or otherwise. he may have
cost. against an opposing party, provided, that:
Joinder of causes of action, permissive. 1) There will be no misjoinder of parties;
A party is generally not required to join in one suit 2) The joinder will not include special civil actions
several distinct causes of action. The joinder of separate or actions governed by special rules;
causes of action, where allowable, is permissive and not
mandatory in the absence of a contrary statutory 3) Where the causes of action are between the
provision even though the causes of action arose from same parties but pertain to different venues or
the same factual setting and might under applicable jurisdictions. the joinder may be allowed in the
joinder rules be joined. Regional Trial Court provided one of the causes
of action falls within the jurisdiction of said
The plaintiff may, and not that he must, unite several court and the venue lies therein; and
causes of action although they may be included in one
of the classes specified. This leaves it to the plaintiff’s 4) Where the claims in all the causes of action are
option whether the causes of action shall be joined in principally for recovery of money, the aggregate
the same action, and no unfavorable inference may be amount claimed shall be the test of jurisdiction.
drawn from his failure or refusal to do so.
Thus. for examples, the following actions cannot be
Requisite of joinder of causes of action. joined in a single action:

The dominant idea is to permit joinder of causes of a) actions for rescission and partition;
action, legal or equitable, where there is some b) actions for injunction and quieting of title;
substantial unity between them. While the rules allow a c) action for collection of sum of money and
plaintiff to join as many separate claims as he may have, action for ejectment; or
there should nevertheless some unity in the problem d) action for interpleader and action for
presented and a common question of law and fact declaratory relief.
involved. Moreover, the joinder of causes of action may
involve the same parties or different parties. If the In the first three cases, the first action is an ordinary
joinder involves different parties there must be a suit while the second is special civil action governed by
question of fact or of law common to both parties special rules. In the fourth case, both are special civil
joined, arising out of the same transaction or series of actions requiring different rules.
transaction.
The totality rule.
Thus, it was held that petitions for adoption and for
change of name cannot be joined there being no relation Where the claims in all the causes of action are
between these two petitions, nor are they of the same principally for recovery of money, the aggregate amount
nature and character. much less do they present any claimed shall be the test of jurisdiction, irrespective of
common question of fact or law, which would conjointly whether the plural causes of action constituting the
warrant their joinder. total claims arose out of the same or different
transactions.43 In the determination of the aggregate
But in another case, it was held that an action to compel amount of the claims, the amount of interest, damages
recognition as a natural child and a claim to inheritance of whatever kind, attorney’s fees, litigation expenses,
may be joined in one complaint. There is no absolute and costs shall be excluded. The exclusion of the term
necessity to require that the action to compel 'damages of whatever kind' in determining the
acknowledgment be instituted and prosecuted to a jurisdictional amount applies where the damages are
successful conclusion prior to the action in which the merely incidental to or as a consequence of the main
same plaintiff seeks additional ulterior relief in the cause of action. However, in cases where the claim for
character of heir. damages is the main cause of action or one of the causes
of action, the amount of such claim shall be considered
Under the new Rules, even if the causes of action in determining the jurisdiction of the court.
pertain to different venues or jurisdiction. joinder may
be allowed in the Regional Trial Court provided that the The totality rule shall apply to cases where two or more
parties in all the causes of action are the same and one plaintiffs having separate causes of action against a
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defendant joined in a single complaint, as well as to This provision is similar to misjoinder of parties.
cases against two Or more defendants joined in a single
complaint. However, the causes of action in favor of two Misjoinder of causes of action, explained.
or more plaintiffs or against the two or more
As a general rule. a party may in one pleading assert, in
defendants should arise out of the same transaction or
the alternative or otherwise, as many causes of action as
series of transactions and there should be a common
he may have against an opposing party. However, the
question of law or fact. as provided in Section 6 of Rule
right of such party to join several causes of action in one
3.
pleading is subject to the limitations set forth under the
A classic example of the application of the “totality rule" preceding section the joinder of the causes of action
could be a case where Crispin Gicale was driving the violates any of such limitations, there is misjoinder of
passenger jeepney, owned by his mother Martina Gicale causes of action.
and insured by Standard Insurance Company. along the
Remedy against misjoinder f causes of action.
National Highway when it was overtaken by a passenger
bus, owned by Pantranco North Express, Inc., driven by The remedy in case of misjoinder of causes of action is
Alexander Buncan. The passenger bus hit the left rear not the dismissal of the action. The misjoined cause of
side of the jeepney and sped away. The total cost of the action may, on motion of any party or at the initiative of
repair was P21,415.00, but Standard paid only the court. be severed and proceeded with separately
P8.OOO.00 while Martina Gicale shouldered the balance under Section 2 of Rule 31. However, if there is no
of P 13.415.00. When plaintiffs Martina and Standard objection to the improper joinder. or the court did not
jointly sued defendants Pantranco and Buncan for motu proprio direct a severance, then there exists no
reimbursement at the RTC, the latter asserted on appeal bar in the simultaneous adjudication of all the
that the RTC has no jurisdiction. It was held that erroneously joined causes of action. It should be
plaintiffs cause of action against defendants arose out of emphasized that the foregoing rule only applies if the
the same transaction and the amount of the demand court trying the case has jurisdiction over all of the
shall be the totality of the claims. (The jurisdictional causes of action therein notwithstanding the misjoinder
amount then of the RTC was P20,000.00). of the same. If the Court trying the case has no
jurisdiction over a misjoined cause of action, then such
In contrast. plaintiff sued in one complaint defendants
misjoined cause of action has to be severed from the
Binongcal and Calion before the Regional Trial Court
other causes of action. and if not so severed. any
alleging as first cause of action that Binongcal refused to
adjudication rendered by the court with respect to the
pay the amount of PI 1643.00 representing cost of truck
same would be nullity.
tires, and, as second cause of action, that Calion refused
to pay the amount of P 10,212.00 representing cost of
truck tires which the latter bought from him on
different occasions. Both defendants moved to dismiss RULE 3
on the ground of lack of jurisdiction by the Regional PARTIES TO CIVIL ACTIONS
Trial Court. The action was dismissed because there is a
misjoinder of parties since the claims of Flores against
Binongcal and Calion were separate and distinct, SECTION 1. Who may be parties; plaintiff and defendant
neither of which falls within the jurisdiction of the — Only natural or juridical persons, or
Regional Trial Court. entities authorized by law may be parties
in a civil action. The term "plaintiff' may
In an early case. it was held that where several refer to the claiming party, the counter-
claimants have separate and distinct demands against a claimant, the cross-claimant, or the third
defendant or defendants, which may properly be joined (fourth, etc.)-party plaintiff. The term
in a single suit. the claim cannot be added together to "defendant" may refer to the original
make up the required jurisdictional amount for the CFI defending party,
[now RTCJ to have jurisdiction; each separate claims the defendant in a counterclaim, the cross-
furnishes the jurisdictional test. Thus, in a fairly recent defendant, or the third (fourth, etc.) - party
case, where plaintiff filed five (5) separate complaints defendant.
for collection of sum of money against two defendants,
each for an amount within the jurisdiction of the MTCC ANNOTATIONS:
it was held that the defendants' act of lumping
altogether the amount of the claims in all of the Parties in a civil action.
complaints and arguing that the total amount of P Only natural persons and juridical persons or entities
1,216,342.91 exceeds the jurisdictional amount that authorized by law may be parties in a civil action.
pertains to the MTCC is a gross misinterpretation of the Natural persons refer to human beings.
provision.
Under Article 44, Civil Code of the Philippines, juridical
SECTION 6. Misjoinder of causes of action. — persons are:
Misjoinder of causes action is not a ground for dismissal
of an action. A misjoined cause of action may, on motion 1) the State and its political subdivisions;
of a party or on the initiative of the court, be severed 2) other corporations, institutions and
and proceeded with separately. (n) 3) entities for public interest or purposes, created
by law; and
ANNOTATIONS:
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4) corporations, partnerships and associations for Requisites for a party in ordinary civil action.
private interest or purpose to which the law
grants a juridical personality, separate and The requisites in order that a person may be made a
distinct from that of each share holder, partner party to an ordinary civil action are:
or member.
a) he must be either a natural or juridical person;
Entities authorized by law include: b) he must have the capacity to sue or be sued;
and
a) the estate of a bankrupt deceased person, c) he must be a real party in interest.
b) a legitimate labor organization; and
c) a political party registered with the Commission SECTION 2. Parties in interest — A real party in interest
on Elections. is the party who stands to be benefited or
injured by the judgment in the suit, or the
A sole proprietorship is neither a natural nor juridical party entitled to the avails of the suit
person. The law merely recognizes the existence of a Unless otherwise authorized by law or
sole proprietorship as a form of business organization these Rules, every action must be
conducted for profit by a single individual. It does not prosecuted or defended in the name of the
vest juridical or legal personality upon the sole real party in interest (2a)
proprietorship nor empower it to file or defend an
SECTION 3. Representatives as parties. — Where the
action in court.
action is allowed to be prosecuted or
A partnership must be sued in its own name. The defended by a representative or someone
partnership, not its partners, officers or agents, should acting in a; fiduciary capacity, the
be impleaded for a cause of action against the beneficiary shall be included in the title of
partnership itself. Although a partnership is based on the case and shall be deemed to be the real
delectus personae or mutual agency, whereby any party in interest. A representative may be a
partner can generally represent the partnership in its trustee of an express trust, a guardian, an
business affairs, it does not necessarily follow that a suit executor or administrator, or a party
against the partnership is necessarily a suit impleading authorized by law or these Rules. An agent
each and every partner. The partners could not be held acting in his own name and for the benefit
liable for the obligations of the partnership unless it of an undisclosed principal may sue or be
was shown that the legal fiction of a different juridical sued without joining the principal except
personality was being used for fraudulent, unfair, or when the contract involves things
illegal purposes. belonging to the principal. (3a)

A foreign corporation, although not doing business in ANNOTATIONS:

the Philippines, may be sued for acts done against
The second sentence of Section 2 is called the "real-
persons in the Philippines. If not barred from seeking
parties-in -interest' rule.
redress from courts in the Philippines, a fortiori, it
cannot claim exemption from being sued in the Purposes of the rule.
Philippine courts for acts done against a person or The purposes of the requirement for the real party-in-
persons in the Philippines. Also, a foreign corporation interest prosecuting or defending an action at law are:
doing business in the Philippines without the requisite a) to prevent the prosecution of actions by persons
license may sue in Philippine courts against a Philippine without any right, title or interest in the case:
citizen who had contracted with such foreign b) to require that the actual party entitled to legal
corporation and had been benefited by such contract. It relief be the one to prosecute the action;
may likewise maintain an action in our courts upon any c) to avoid multiplicity of suits; and
cause of action, provided that the subject matter and d) to discourage litigation and keep it within
the defendant are with the jurisdiction of the court. certain bounds, pursuant to sound public policy.
Designation of parties.
Real party in interest.
Parties in an ordinary civil action are designated in the
The term "real party in interest" applies not only to the
action as plaintiff(s) and defendant(s), as the case may
plaintiff but also to the defendant. "Interest" within the
be. The term ‘plaintiff’ may refer to the claiming party,
meaning of the rule means material interest, an interest
the counterclaimant, the cross-claimant. or the third
in issue to be affected by the decree, as distinguished
(fourth, etc.)-party plaintiff. The term 'defendant' may
from mere interest in the question involved, or a mere
refer to the original defending party. the defendant in a
incidental interest.
counter-claim. the cross-defendant, or the third (fourth.
etc.) - party defendant. In special civil actions under When an action is defended by a representative, that
Rules 63, 64, 65.66 and 71, the party who instituted the representative is not—neither does he become—a real
action is called petitioner, and the one against whom it party-in-interest. The person represented is deemed
is brought respondent. the real party-in-interest; the representative remains to
be a third party to the action.
Parenthetically. in administrative cases as well as
criminal cases under preliminary investigation. the When the question is one of public right and the object
party who files the case is called complainant and the of mandamus is to procure the enforcement of public
adverse party as respondent.
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duty, the people are regarded as the real party in personal and direct interest, on the principle that
interest and the relator at whose instigation the humans are stewards of nature.
proceedings are instituted need not show that he has
any legal or special interest in the result. It being Classification of parties.
sufficient to show that he is a citizen and as such he is
Parties in interest are classified and defined as follows:
interested in the execution of the laws. The requirement
of personal interest is satisfied by the mere fact that a) Indispensable parties — are those without
petitioner is a citizen and, hence, a part of the public whom no final determination can be had of an
which possesses the right. It is hornbook principle that action.
a taxpayer is allowed to sue where there is a claim that
public funds are illegally disbursed, or that public b) Necessary parties — also known as proper
money is being deflected to any improper purpose, or parties, are those who are not indispensable
that there is wastage of public funds through the but ought to be joined as parties if complete
enforcement of an invalid or unconstitutional law. A relief is to be accorded as to those already
person suing as a taxpayer, however, must show that the parties, or for a complete determination or
act complained of directly involves the illegal settlement of the claim subject of the action.
disbursement of public funds derived from taxation.
c) Representative parties — are those acting in a
For a taxpayer’s suit to prosper, two requisites must be fiduciary capacity, or allowed to sue or be sued
met: in behalf of other persons such as the trustee of
an express trust, a guardian, executor, or
1) public funds derived from taxation are administrator, or a party authorized by statute.
disbursed by a political subdivision or
instrumentality and in doing so. a law is violated d) Quasi parties — are those who are already
or some irregularity is committed; and represented in the suit, or who comes within
2) the petitioner is directly affected by the alleged the compass of the proceedings pendente lite
act. or those in whose behalf a class or
A person has the capacity to sue in behalf of her sister representative suit is brought.
as a real party in interest where the latter issued a
special power of attorney in favor of such person. e) Pro-forma parties—are those who are required
to be joined as parties, not because such
In one case, a passenger who boarded Philippine parties have any real interest in the subject
Airlines Flight PR 301 from Hongkong to Manila lost his matter because any relief is demanded, but
luggage containing cinematographic films owned by merely because the technical rules pleadings
Loong Kee Pen Company of Hongkong and entrusted to require the presence of such parties on the
De Mil Theatrical Corporation. The Supreme Court held record.
that such passenger is a real party in interest to seek
redress for the loss of the films because he assumes the 'Real-parties-in-interest’ rule.
loss while the films are in his custody and that he is
accountable to Loong Kee Pen Company or to the De Mil Unless otherwise authorized by law or these Rules,
Theatrical Corporation should he fail to produce the every action must be prosecuted or defended in the
films upon demand. name of the real party in interest. Where the action is
allowed to be prosecuted or defended by a
In another case, a guest of a hotel operated by representative or someone acting in a fiduciary
defendant parked a car owned by his father at the capacity, the beneficiary shall be included in the title of
hotel's parking area and left the key to the security the case and shall be deemed to be the real party in
guard hired by defendant to secure the parking area. interest. A suit filed by a person who is not a party in
The car was taken by an unknown person and was later interest must be dismissed on the ground of lack of
found in bad condition in a shop. The Supreme Court cause of action 38 or on the ground that the complaint
held that the father, as owner of the car, succeeds to the "fails to State a cause of action.
personal rights and obligations of his son in the latter's
contract of juridical relation with defendant; and as Persons authorized by the Rules.
such he is a real party in interest. Persons authorized by the Rules as parties are:
But a judge whose order is being assailed is merely a 1) A judgment obligee authorized by the court to
nominal or formal party. In such capacity, therefore, he institute an action against a person or
should not appear as a party seeking the reversal of a corporation, alleged to have property of
decision that is unfavorable to the action taken by him. judgment obligor or to be indebted to him, who
Under the Rules of Procedure for Environmental Cases. claims an adverse interest in the property or
a citizen suit permits any Filipino citizen in who denied the debt for the recovery of such
representation of others, including minor or interest or debt;
generations yet unborn, to file an action to enforce 2) The legal representatives or assigns of a lessor,
rights and obligations under environmental laws. The vendor, vendee or other person deprived of the
Supreme Court commented that this provision possession of any land or building by force
liberalizes standing for all cases filed enforcing intimidation, threat, strategy or stealth;
environmental laws and collapses traditional rule on 3) A receiver appointed by the court;
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4) An agent acting in his own name and for the should "not be dismissed for plaintiff’s failure to join
benefit of an undisclosed principal; and her husband. Nor should the case be remanded to the
5) An entity without juridical personality which court below and a new trial ordered on this account.
may be sued under the name by which they are The complaint may and should be amended at the level
generally or commonly known. of the higher court, to cure the defect of party plaintiffs,
after final decision is rendered.
Persons authorized by Statute.
SECTION 5. Minor or incompetent persons. — A minor
Persons authorized by statute as parties include: or a person alleged to be incompetent, may sue or be
sued, with the assistance of his father, mother, guardian,
1) a co-owner in an ejectment case; or if he has none, a guardian ad litem. (5a)
2) beneficiary in a contract pour autrui;
3) the lessee as against an intruder;
4) the pledgee to recover the thing pledged, or
defend it against a third person; and Age of majority.
5) any citizen for violation of RA 8749 (Philippine
The age of majority is now eighteen (18) years. A
Clean Air Act of 1999) or RA 9003 (Ecological
person eighteen years of age or over has the legal
solid Waste Management Act of 2000).
capacity to sue and be sued unless otherwise
disqualified by law.
SECTION 4. Spouses as parties. — Husband and wife
shall sue or be sued jointly, except as Incompetent person, defined.
provided by law. (4a)
An incompetent is any one who, though not insane, is,
ANNOTATIONS: by reason of old age, disease, weakness of mind, or any
other cause or causes, unable or in. capable, unassisted
This amended provision is in accordance with the
properly, to take care of himself or manage his property,
Family Code which presumes, in the absence of an
and by reason thereof, would be liable to be deceived or
antenuptial agreement, the system of absolute
imposed upon by artful or designing persons.
community of property as the property relationship of
the spouses. As such, the spouses are co-administrators For purposes of guardianship, the word "incompetent"
of the community and must sue or be sued jointly. When includes persons suffering the penalty of civil
they are sued jointly, each spouse must be served with interdiction or who are hospitalized lepers, prodigals,
Summons individually. deaf and dumb who are unable to read and write, those
who are of unsound mind, even though they have lucid
Joinder of spouses; exceptions.
intervals. and persons not being of unsound mind, but
Husband and wife shall sue or be sued jointly because by reason of age, disease, weak mind, and other similar
both spouses are co-administrators of their community causes, cannot, without outside aid, take care of
of property under the system of absolute community Of themselves and manage their property, becoming
property 51 except under the following situations: thereby an easy prey for deceit and exploitation-SI

1) When they are judicially separated; Summons upon a minor or incompetent, how
2) When there is a judicial separation of property; served.
3) When there isa separation of property agreed
When the defendant is a minor, insane or otherwise an
upon in the marriage settlements;
incompetent, service shall be made upon him
4) When the litigation is between the husband
personally and on his legal guardian if he has one, or if
and wife; and
none, upon his guardian ad litem whose appointment
5) If the suit concerns the exclusive property of
shall be applied for by the plaintiff. In the case of a
each spouse.
minor, service may also be made on his parent or
guardian.
Even when an action seeks redress for civil liability
arising from a criminal offense or upon a quasi-delict Guardian ad litem, defined.
against one of the spouses, the other spouse should be
joined as party because such liability may be enforced A guardian ad litem is one whose appointment as such
against the community of property in case of absence or was procured by an interested party for the purposes of
insufficiency of the exclusive property of the debtor- the suit by, or against the minor or incompetent party
spouse. litigant.

Remedy in case of non-joinder of husband. Incompetency need not be judicially declared.

The failure to join the husband as party defendant in A person need not be judicially declared as incompetent
suits against the wife is not a jurisdictional defect; the in order that court may appoint a guardian ad litem. It is
remedy is for the husband to be joined as party enough that such a person alleged to incompetent.
defendant. When the non-joinder is elevated to a higher
court, the remedial solution laid down in Cuyugan vs SECTION 6. Permissive joinder of parties. — All persons
Dizon, 79 Phil. 80, relating to the non-joinder of in whom or against whom any right to relief in respect
plaintiff’s husband which applies as well to the non- to or arising out of the same transaction or series of
joinder of the defendant's husband is that the case transactions is alleged to exist, whether jointly severally
 8

or in the alternative, may, except as otherwise provided the claims of Flores against Binongcal and Calion did
in these Rules, join as plaintiffs or be joined as not arise out of the same transaction, neither of which
defendants in one complaint where any question of law falls within the jurisdiction of the Regional Trial Court
or fact common to all such plaintiffs or to all such The Suprem Court thus ruled:
defendants may arise in the action; but the court may
make such orders as may be just to prevent any plaintiff “Under the present law. the totality rule is applied also
or defendant from embarrassed or put to expense in to cases where two or more plaintiffs having separate
connection with any proceedings in which he may have Causes of action against a defendant join in a single
no interest. complaint. as well as to cases against two or more
defendants joined in a single complaint. However. the
ANNOTATIONS: causes of action in favor of two or more plaintiffs or
against two or more defendants should arise out of the
Purpose of the rule. same transactions and there should be a common
question of law or fact as provided in Section 6 of Rule
The foregoing procedural rule is founded on practicality
3.”
and convenience. It is meant to discourage duplicity and
multiplicity of suits. It seeks to avoid the filing of SECTION 7. Compulsory joinder of indispensable
multiple suits in situations where separate suits may be parties. — Parties in interest without whom no final
filed by, or against several persons. If, for example, a determination can be had of an action shall be joined
passenger vehicle met an accident injuring its five (5) either as plaintiffs or defendants.
passengers, each of the latter may maintain a separate
action for breach of contract against the common SECTION 8. Necessary party. — A necessary party is one
carrier but, pursuant to this rule, the five (5) passengers who is not indispensable but who ought to be joined as
may join themselves in one complaint against the a party if complete relief is to be accorded as to those
carrier. Thus, to avoid a multiplicity of suits, joinder of already parties, or for a complete determination or
parties is encouraged by the law. settlement of the claim subject of the action.

Requisites of permissive joinder of parties. SECTION 9. Non-joinder of necessary parties to be

pleaded. — Who ever in any pleading in which a claim is
Permissive joinder of parties requires that: asserted a necessary party is no joined, the pleader
shall set forth his name, if known, and shall state why he
1. The right to relief arises out of the same
is omitted. Should the court find the reason for the
transaction or series of transactions;
omission meritorious, it may order the inclusion of the
2. There is a question of law or fact common to all
omitted necessary party in jurisdiction over his person
the plaintiffs or defendants; and
may be obtained.
3. Such joinder is not otherwise proscribed by the
provisions of the Rules on jurisdiction and venue. The failure to comply with the order for his inclusion,
without justifiable cause, shall be deemed a waiver of
Transaction, meaning of. the claim against such party.
The term "transaction" means not only a stipulation or The non-inclusion of a necessary party does not prevent
agreement. but any event resulting in wrong, without the court from proceeding in the action, and the
regard to whether the wrong has been done by violence, judgment rendered therein shall be without prejudice
neglect or breach of contract. And the term “series of to the rights of such necessary party. (8a, 9a)
transactions" is equivalent to "transactions connected
with the same subject of the action. ANNOTATIONS:
Joinder Of parties; examples. Purpose of the rules.
An ordinary personal guarantor — not a mortgagor or The evident aim and intent of the Rules regarding
pledgor — may be joined as party defendant in an joinder of indispensable and necessary parties is for a
action against the principal debtor. Although such complete determination of all possible issues, not only
guarantor may demand the exhaustion of all the between the parties themselves but also as regards to
property of the debtor under Article 2508 of the Civil other persons who may be affected by the judgment.
Code, the creditor may, prior thereto. secure a judgment The burden of procuring the presence of all
against said guarantor, who shall be entitled, however, indispensable parties is on the plaintiff.
to a deferment of the execution of said judgment against
him until after the property of the principal debtor shall Indispensable and necessary parties. distinguished.
have been exhausted to satisfy the obligation involved
in the case. Indispensable parties are those with such an interest in
the controversy that a final decree would necessarily
But in a case, plaintiff sued in one complaint defendants affect their rights, so that the court cannot proceed
Binongcal and Calion before the Regional Trial Court without their presence. On the other hand, necessary
alleging as first cause of action that Binongcal refused to parties are those whose presence is necessary to
pay the amount of P11,643.00 representing cost of adjudicate the whole controversy but whose interests
truck tires, and, as second cause of action, that Calion are so far separable that a final decree can be made in
refused to pay the amount of P10,212.00 representing their absence without affecting them.
cost of truck tires which the latter bought from him on
different occasions. The action Was dismissed because Joinder of indispensable parties.
 9

Indispensable parties should be joined as plaintiffs or the BOC as a necessary party would not in any way
defendants; otherwise, the court cannot proceed in the affect the disposition of the case. As the Court already
action, or if it proceeds. the judgment therein would be found that the BOC is a necessary party to the civil case,
ineffective. It is a settled rule that without the presence it would be a graver injustice to drop it as a party.
of all indispensable parties to a suit or proceeding. a
judgment of the court cannot attain real finality. Thus, SECTION 11. Misjoinder and non-joinder of parties. —
owners of property over which reconveyance is Neither misjoinder nor non-joinder of parties is ground
asserted, without whom no relief is available and for dismissal of an action. Parties may be dropped or
without whom the court can render no valid judgment. added by order of the court on motion of any party or
must be joined as defendants. on its own initiative at any stage of the action and on
such terms as are just. Any claim against a misjoined
A transferee pendente lite is a proper party in the case, party may be severed and proceeded with separately.
but not an indispensable party. Transferees are bound (Ila)
by the proceedings and judgment in the case, such as
there is no need for them to be included or impleaded ANNOTATIONS:
by name. Where the obligation of the parties is solidary,
Effect of misjoinder of parties.
either one of the parties is indispensable, and the Other
is not even necessary because complete relief may be Misjoinder of parties is not a ground for the dismissal of
obtained from either of the solidary debtors. the action. Parties may be dropped or added by order of
the court on motion of any party or on its own initiative
In a Petition for Correction of Entry in the Public Service
as are just without previous consent of such parties.
Records Regarding the Birth Date filed by a police
The dropping of misjoined parties from the complaint
Officer to correct his date of birth, the Philippine
may be done motu proprio by the court, at any stage,
National Police and Civil Service Commission and all
without need for a motion to such effect from the
other agencies which may be affected by the change,
adverse party. Any claim against a misjoined party may
aside from the Office of the Solicitor General, should be
be severed and proceeded with separately.
notified or represented in the suit because they stand to
be adversely affected by petitioner's petition which Effect of non-joinder of parties.
involves substantial and controversial alterations in
petitioner's service records. In an action for the Non-joinder of parties does not warrant dismissal of the
cancellation of memorandum annotated at the back of a action but the court should order the inclusion of the
certificate of title, the persons considered as necessary party if jurisdiction can be obtained over his
indispensable include those whose liens appear as person. The non-inclusion of a necessary party does not
annotations pursuant to Section 108 Of P.D. NO. 1529.81 prevent the court from proceeding in the action, and the
In Southwestern University vs. Laurence, 135 Phil. 44 judgment rendered therein shall be without prejudice
(1968), the Court held that the cancellation of the to the rights of such necessary party. But if the court.
annotation of an encumbrance cannot be ordered upon a finding that the non-inclusion is not meritorious,
without giving notice to parties annotated in the ordered the inclusion of such party, non-compliance
certificate of title itself. It would, thus, be an error for a with such order without justifiable cause shall be
judge to contend that no notice is required to be given deemed a waiver of the claim against him.
to all the persons whose liens were annotated at the
back of a certificate of title. If the party not joined is an indispensable party, the
court shall order his inclusion. If the plaintiff refuses to
SECTION 10. Unwilling co-plaintiff. — If the consent of implead an indispensable party despite the order of the
any party who should be joined as plaintiff cannot be Court, then the court may dismiss the complaint for the
obtained, he may be made a defendant and the reason plaintiff’s failure to comply with the lawful order of the
therefor shall be stated in the complaint. (10) court. The operative fact that would lead to the
dismissal of the case would be the refusal to comply
ANNOTATIONS: with the directive of the court for the joinder of an
indispensable party to the case. On the other hand, if
When consent cannot be obtained.
the court proceeded with the action without joining
Under the foregoing rule, when the consent of a party such party, all the proceedings subsequent to the filing
who should joined as plaintiff cannot be obtained. he or of the complaint, including the judgment, would be
she may be made a party defendant to the case. This rendered ineffective.
will put the unwilling party under the jurisdiction of the
If there is a failure to implead an indispensable party,
court, which can properly implead him or her through
any judgment rendered would have no effectiveness. It
its processes. The unwilling party’s name cannot be
is precisely 'when an indispensable party is not before
simply included in a petition or complaint a party
the court (that) an action should be dismissed.' The
petitioner/plaintiff, without his or her knowledge and
absence of an indispensable party renders all
consent, as such would be a denial of due process.
subsequent actions of the court null and void for want
In a case, plaintiff, as surety to a re-export bond of authority to act, not only as to the absent parties but
executed by the defendant in favor of the Bureau of even to those present. Thus, in the more recent case of
Customs (BOC), impleaded the latter as party plaintiff Galido vs. Magrare, G.R No. 206584, Jan. 11, 2016, the
without its consent. It was held that there was an Supreme Court ordered in the petition for review before
irregularity in the manner the BOC was joined as a it that the heirs of the deceased indispensable party to
necessary party but such irregularity in the inclusion of
 10

be impleaded as party-defendants and directed the trial Solicitor General pointed out that there were about 549
court to proceed with the case. employees in the NPO and only 20 of the 67 petitioners
were in fact mentioned in the jurat as having duly
SECTION 12. Class suit. — When the subject matter of subscribed the petition before the notary public and 32
the controversy is one of common or general interest to of the original petitioners executed an Affidavit of
many persons so numerous that it is impracticable to Desistance while one signed a letter denying ever
join all as parties, a number of them which the court signing the petition. ostensibly reducing the number
finds to be sufficiently numerous and representative as petitioners to 34, it was held that, there being an
to fully protect the interests of all concerned may sue or apparent conflict between petitioners' interests and
defend for the benefit of all. Any party in interest shall those of the persons whom they claim to represent
have the right to intervene to protect his individual petitioners did not sufficiently represent the interests of
interest. (12a) the entire class and the case cannot be properly treated
as a class suit.
ANNOTATIONS:
SECTION 13. Alternative defendants. — Where the
Requisites of class suit.
plaintiff is uncertain against who of several persons he
The requisites of a class suit are: is entitled to relief, he may join any or all of them as
defendants in the alternative, although a right to relief
1) The subject matter of controversy is one of against one may be inconsistent with a right of relief
common or general interest to many persons; against the other. (13a)
2) The parties affected are so numerous that it is
impracticable to bring them all to court; and ANNOTATION:
3) The parties bringing the class suit are
Application of the rule.
sufficiently numerous or representative of the
class and can fully protect the interests of all This provision gives the plaintiff the right to include
concerned. alternatively several possible defendants when he is
In determining the question of fair and adequate uncertain against whom he is entitled to relief. Thus,
representation of members of a class, the court must where the owner of the goods is not sure whether the
consider: same was lost in transit or while it was on deposit in the
warehouse of the arrastre operator, he may sue the
a) whether the interest of the named party is
shipper or the operator in the alternative, although the
coextensive with the interest of the other
right against the former is on admiralty while that
members of the class;
against the operator is contract.
b) the proportion of those made a party, as it so
bears, to the total membership of the class; SECTION 14. Unknown identity or name of defendant.
and — Whenever the identity or name of a defendant is
c) any other factor bearing on the ability of the unknown, he may be sued as the unknown owner, heir,
named party to speak for the rest of the class. devisee, or by such other designation as the case may
require; when his identity or true name is discovered,
Examples of class suit. the pleading must be amended accordingly. (14)
An action brought by sugarcane plantation workers of ANNOTATION:
Hacienda Tinago on behalf of all sugarcane plantation
workers of the Lopez Mill District, directed against all Summons on defendant whose identity is unknown.
sugarcane planters and the Lopez Sugar Corporation to
recover the sixty percent (60%) share of the laborers in In any action where the defendant is designated as an
the increased deliveries enjoyed by their employer- unknown owner, or the like, or whenever his
planters of unrefined sugar and other derivatives whereabouts are unknown and cannot be ascertained
pursuant to RA 809. considering the number of laborers by diligent inquiry, service may. by leave of court. be
involved and the parties actually before the trial court effected upon him by publication in a newspaper of
who were sufficiently numerous and representative so general circulation and in such places and for such time
that all interest concerned were sufficiently protected, as the court may order.
had been properly initiated as a class suit.
SECTION 15. Entity without juridical personality as
In the novel case of Oposa vs. Factoran, in which defendant. — When two or more persons not organized
petitioners who are minors. sought to prevent the as an entity with juridical personality enter into a
misappropriation or impairment of Philippine transaction, they may be sued under the name by which
rainforests and arrest the unabated hemorrhage of the they are generally or commonly known.
country's vital life support systems and continued rape
In the answer of such defendant, the names and
of Mother Earth, the Supreme Court ruled that they can,
addresses of the persons composing said entity must all
for themselves, for others of their generation and for
be revealed. (15a)
the succeeding generations, file a class suit.
ANNOTATIONS:
In a case in which the petition failed to state the number
of National Printing Office (NPO) employees who would Application of the rule.
be affected by the assailed Executive Order and who
were allegedly represented by petitioners, although the
 11

The rule applies when the plaintiff has no means of The court shall forthwith order said legal representative
ascertaining the names and addresses of the individuals or representatives to appear and be substituted within
composing the entity without juridical personality. It a period of thirty (30) days from notice.
should be noted that an entity without a juridical
personality cannot sue Thus, an unincorporated If no legal representative is named by the counsel for
association, in the absence of an enabling law. has no the deceased party, or if the one so named shall fail to
juridical personality and thus, cannot sue in the name of appear within the specified period, the court may order
the association. Such unincorporated association is not the opposing party, within a specified time, to procure
a legal entity distinct from its members If it sues, then the appointment of an executor or administrator for the
all members of the association must be made parties estate of the deceased and the latter shall immediately
the civil action. If the plaintiff knows the names and appear for and on behalf of the deceased. The court
addresses of such persons, he should sue them in their charges in procuring such appointment, if defrayed by
individual names. The rule is applicable to non-profit or the opposing party, may be recovered as costs.
charitable institutions without juridical personality. It
ANNOTATIONS:
does not apply to a business partnership because a
partnership has a juridical personality separate and Application of the rule.
distinct from that of each of the partners.
If the claim is not extinguished by death, it is the duty of
In a case, plaintiff sued an unknown defendant by counsel, withe (30) days after such death, to inform the
alleging in his Amended Complaint that defendant court thereof and to give the name and address of the
“Unknown Owner Of the vessel M/V ' Explorer” is a legal representative of the deceased. The court shall
foreign corporation whose identity or name or office forthwith order said legal representative to appear and
address are unknown to PCIC but is doing business in be substituted within thirty (30) days from notice.
the Philippines through its local agent, co-defendant
Wallem Philippines Shipping, Inco a domestic Upon failure of said legal representative to appear
corporation and added that both defendants may be Within the specified period the court may order the
served with summons and other court processes in the opposing party, within a specified period, to procure the
address of Wallem Philippines Shipping Inc„ which appointment of an executor or administrator who shall
Service was correctly done pursuant to Section 12, Rule immediately appear for the estate of the deceased.
14 of the Rules of Court, it was held that all the parties
have been properly impleaded. In actions which are of purely personal character and
which terminate upon death e.g. an action for support,
Summons upon entity without juridical personality. an action for legal separation, an action for annulment
of marriage, and others, substitution of the legal
When persons associated in an entity without juridical representative of the deceased party is improper
personality are sued under the name by which they are because the action should be dismissed.
generally or commonly known of summons may be
effected upon all the defendants by serving upon any Purpose of the rule.
one of them, or upon the person in charge of the office
or place of business maintained in such name. But such The purpose behind the rule on substitution is the
service shall not bind individually any protection of the right of every party to due process It is
person whose connection with the entity has, upon due to ensure that the deceased party would continue to be
notice, been severed before the action was filed. properly represented in the suit through the duly
appointed legal representative of his estate. The original
Judgment against entity without juridical party having died, he could not continue to defend
personality. himself in court despite the fact that the action survived
him For the case to continue, the real party in interest
When judgment is rendered against two or more must be substituted for the deceased The real party in
persons sued as an entity without juridical personality, interest is the one who would be affected by the
the judgment shall set out their individual or proper judgment It could be the administrator or executor or
names, if known. the heirs.
SECTION 16. Death of party; duty of counsel. — Amendment of the caption.
Whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the duty of Upon substitution of the legal representative of the
his counsel to inform the court within thirty (30) days deceased party. the caption of the action should be
after such death of the fact thereof, and to give the name amended to properly indicate therein the fact of
and address of his legal representative or substitution.
representatives. Failure Of counsel to comply with this
duty shall be a ground for disciplinary action. Actions not extinguished by death.

The heirs of the deceased may be allowed to be The question as to whether an action survives or not
substituted for the deceased, without requiring the depends on the nature of the action and the damage
appointment of an executor or administrator and the sued for. In the causes of action which survive, the
court may appoint a guardian ad litem for the minor wrong complained of affects primarily and principally
heirs. property and property rights, the injuries to the person
being merely incidental while in the causes of action
which do not survive, the injury complained of is to the
 12

person, the property and rights of property affected was not defeated even if no proper substitution of party
being incidental. was made where the heir of the deceased was already
impleaded as a party-defendant in the civil case when
The following actions are not extinguished by death and the plaintiff filed his Amended Complaint. Thus, despite
survive against the legal representatives of the deceased the passing away of the defendant, the case would still
party. continue because the heir, on her own behalf and as the
legal representative of her deceased parents, possessed
1) Actions to recover real and personal property
the authority to pursue the case to its end.
against the estate:
Priority in substitution of parties.
2) Actions to enforce liens on such property;
The heirs may be allowed to be substituted for the
3) Actions to recover for an injury to person or
deceased without requiring the appointment of an
property by reason of tort or delict committed
administrator or executor. However, if within the
by the deceased; and
specified period a legal representative fails to appear.
4) Actions on contractual money claims which the court may order the opposing counsel, within a
shall be allowed to continue until entry of final specified period, to process the appointment of an
judgment. administrator or executor who shall immediately
appear for the estate of the deceased. The heirs are
recognized as proper representatives of the decedent,
even when there is already an administrator appointed
Effect of death of defendant. by the court. When no administrator has been
appointed. there is all the more reason to recognize the
If the defendant dies while the action is pending, heirs as the proper representatives of the deceased.
whether in the trial court or appellate court, he shall be Thus, a prior appointment of an administrator or
substituted by his executor. administrator or legal heirs. executor of the estate of the decedent is not necessary
for his heirs to acquire legal capacity to be substituted
If death occurs after judgment has already been
as legal representative of the estate. The
entered. the final judgment shall be enforced as money
pronouncement in Lawas vs Court of Appeals, 146 SCRA
claim against the estate of the deceased defendant
without the necessity of proving the same. If death 173 [1986], that priority is given to the legal
representative of the deceased, that is, the executor or
occurs before an action is filed the creditor should file a
administrator of his estate and only in cases of
money claim in the settlement of the estate of the
unreasonable delay in the appointment of an executor
deceased in the probate court.
or administrator, or in cases where the heirs resort to
Duty of attorney. an extrajudicial settlement of the estate, that the court
may adopt the alternative of allowing the heirs of the
Under the rules. it is the duty of the attorney for the deceased to be substituted for the deceased. is no
deceased defendant to inform the court of his client's longer true.
death and to furnish the court with names and
residences of the executor. administrator, or legal The lawyer of the deceased, on the basis of the contract
representative the deceased. This is the only of legal services he entered with his client, is not the
representation that counsel can undertake after the proper party to represent the deceased. Also, where the
death of a client as the fact of death terminates any decedent was single at the time of death and her heirs
further lawyer-client relationship. are her surviving sisters the sister who is one of the
adverse parties should be excluded from bang among
Effect of failure to substitute legal representative. the legal representatives131 So, also the proffered
transferee of the decedent who is the counterclaim co-
Non-compliance with the on substitution would render defendant of the decedent the Case cannot be a
the proceedings and the judgment of the trial court substitute to the decedent.
infirm because the court acquires no jurisdiction over
the persons of the legal representatives or of the heirs Effect of party's death upon professional
on whom the trial and the judgment would be binding.
The attorney for the party ceased to be the attorney of
It was, however. held in a case that if the trial court is such party upon death of the latter. It is a well-
not informed of the death of the defendant, it may not established rule that a lawyer-client relationship is
be faulted for proceeding to render judgment without terminated upon the death of the client The lawyer's
ordering the substitution of the deceased defendant. Its authority to appear for his client automatically ceases.
judgment is valid and binding upon the defendant's The only exceptions are:
legal representatives or successors-in-interest. insofar
as his interest in the property subject of the action is (a) when there is a contract for the lawyer’s services up
concerned. to judgment; or
(b) when his fees are on a contingent basis; and
The requirement of a formal substitution of parties does (c) when his appearance is coupled with an interest.
not apply and is not necessary where the heirs
themselves voluntarily appeared, participated in the
case, and presented evidence in defense of the deceased Duty of the court upon defendant's death.
defendant. It was also held that the behind substitution
 13

When the trial court is apprised of the death of a party, ANNOTATION:

it should order, not amendment of the complaint, but
the appearance of the legal representative of the Transferee party.
deceased. An order to amend the complaint. before the
A transferee pendente lite does not have to be included
proper substitution of the deceased party has been
or impleaded by in order to be bound by the judgment
effected, is void. In such a case, the order of the court
because the action or suit may be continued for or
dismissing the complaint, for plaintiff’s non-compliance
against the original party or the transferor and still be
with the order to amend it, is likewise void.
binding on the transferee. More specifically, a transferee
SECTION 17. Death or separation of a party who is a pendente lite is a proper party in the case, but not an
public officer. — When a public officer is a party in an indispensable party.
action in his official capacity and during its pendency
SECTION 20. Action on contractual money claims. —
dies, resigns, or otherwise ceases to hold office, the
When the action is for recovery of money arising from
action may be continued and maintained by or against
contract, express or implied, and the defendant dies
his successor it within thirty (30) days after the
before entry of final judgment in the court in which the
successor takes office or such time as may be granted by
action was pending at the time of such death, it shall not
the court, it is satisfactorily shown to the court by any
be dismissed but shall instead be allowed to continue
party that there is a substantial need for continuing or
until entry of judgment. A favorable judgment obtained
maintaining it and that the successor adopts or
by the plaintiff therein shall be enforced in the manner
continues or threatens to adopt or continue the action
especially provided in these Rules for prosecuting
of his predecessor. Before a substitution is made, the
claims against the estate of a deceased person. (21a)
party or officer to be affected, unless expressly
assenting thereto, shall be given reasonable notice of
the application therefor and accorded an opportunity to
be heard. ANNOTATION:
ANNOTATIONS: Application of the rule.
Application of the rule. The foregoing provision applies in cases where the
defendant dies While the case is pending and not before
Under this modified provision. the public officer must the case is even filed in court. The above provision
have sued, or have been sued, in an official capacity. should be read in consonance with Section 5, Rule 86 of
Moreover, this abandons the rule that the action of the the Rules of Court.
predecessor in enforcing a law is averred to be in
violation of the Constitution. Under this modified provision, the death of the
defendant at any stage of the action but before entry of
Effect of want of substitution. judgment does not affect the pending action for money
arising from contract This includes a situation where
In a case in which the judgment was rendered after the
the defendant dies after final judgment but before entry
public officers against whom the mandamus petition
of such judgment. The defendant shall be substituted by
was filed had ceased to hold office, it was held that the
his executor or administrator or legal heirs and the
failure to make the substitution pursuant to this rule is
action shall continue until a final judgment thereon is
a procedural defect and the mandamus petition should
entered. Once a final judgment is entered, it shall be
have been dismissed for non-compliance with such
enforced as a money claim against the estate the
substitution procedure.
deceased defendant without need of proving it.
Interpreting the above rule, the Supreme Court further
Consequently, a writ of attachment already issued and
held in another case that where the public officer ceases
levied against property of the deceased will not be
to be mayor, the appeal and/or action he initiated may
dissolved by the death of the defendant. However, once
be continued and maintained by his successor if there is
judgment is rendered and entered, it shall be enforced
substantial need to do so. If the successor failed to
as money claim against the estate of the deceased. The
pursue the appeal and/or action the same should be
plaintiff merely enjoys preference in the attached
dismissed.
property over other creditors.
SECTION 18. Incompetency or incapacity. — If a party
SEC. 21. Indigent party. — A party may be authorized to
becomes incompetent or incapacitated, the court, upon
litigate his action, claim or defense as an indigent if the
motion with notice, may allow the action to be
court, upon an ex parte application and hearing, is
continued by or against the incompetent or
satisfied that the party is one who has no money or
incapacitated person assisted by his legal guardian or
property sufficient and available for food, shelter and
guardian ad 'item. (19a)
necessities for himself and his family.
SECTION 19. Transfer of interest. — In case of any
Such authority shall include an exemption from
transfer of interest, the action may be continued by or
payment of docket and other lawful fees, and of
against the original party. unless the court upon motion
transcripts of stenographic notes which the court may
directs the person to whom the interest is transferred to
order to be furnished him. The amount of the docket
be substituted in the action or joined with the original
and other lawful fees which the indigent was exempted
party. (20)
from paying shall be a lien on any judgment rendered in
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the case favorable to the indigent, unless the court property, the proper docket and other lawful fees shall
otherwise provides. be assessed and collected by the clerk of court; and that
if payment is not made within the time fixed by the trial
Any adverse party may contest the grant of such court, execution shall issue or the payment of the
authority at any time before such judgment is rendered prescribed fees shall be made, without prejudice to
by the trial court If the court should determine after other sanctions that the trial court may impose.
hearing that the party declared as an indigent is in fact a
person with sufficient income or property, the proper Exemption of PAO clients.
docket and other lawful fees shall be assessed and
collected by the clerk of court. If payment is not made The clients of the PAO shall be exempt from payment of
within the time fixed by the court. execution shall issue docket and other fees incidental to instituting an action
for the payment thereof, without prejudice to such in court and other quasi-judicial bodies, as an original
other sanctions as the Court may impose. (22a) proceeding or on appeal The costs of the suit. Attorney’s
fees and contingent fees imposed upon the adversary of
ANNOTATIONS: the PAO clients after a successful litigation shall be
deposited in the National Treasury as trust fund and
shall be disbursed for special allowances of authorized
The term 'pauper' under the old rules is changed to officials and lawyers of the PAO.
'indigent.'
Indigent suit applies to class suit.
Indigent, defined.
The rule that free access to the courts should not be
In a general sense, an indigent is one who is needy and denied to any person by reason of poverty. applies to
poor. or one who has not sufficient property to furnish class suit filed by ten laborers in their behalf and in
him a living nor anyone able to support him to whom he behalf of 9,000 other laborers because, although each
is entitled to look for support. The term commonly used laborer would share only Pl.60 out of the total filing fee
to, refer to one's financial ability. and ordinarily of P14.500.00. still such amount would diminish the
indicates one who is destitute means of comfortable subsistence income of seasonal workers. Moreover,
subsistence so as to be in want. there are other litigation expenses to be shouldered.
The difference between ‘paupers' and 'indigent' persons SEC. 22. Notice to the Solicitor General — In any action
is that the latter are ‘persons who have no property or involving the validity of any treaty, law, ordinance,
source of income sufficient for the support aside from executive order, presidential decree, rules or
their labor though self-supporting when able to work regulations, the court, in its discretion, may require the
and in employment, whereas a pauper is a person so appearance of the Solicitor General who may be heard
poor that he must be at public expense. in person or through a representative duly designated
by him. (23a)
Procedure for granting exemption.
ANNOTATIONS:
When the application to litigate as an indigent litigant is
filed, the trial court shall scrutinize the affidavits and Duty of the Solicitor General.
supporting documents submitted by the applicant to
determine if he complies with the income and property It is mandatory upon the Office of the Solicitor General
Standards prescribed in the present Section 19 of Rule to represent the Government of the Philippines, its
141—that his gross income and that of his immediate agencies and instrumentalities and its officials and
family do not exceed an amount double the monthly agents in any litigation, proceeding investigation or
minimum of an employee: and that he does not own real matter requiring the services of a lawyer. Even when
property with a fair market value of more than confronted with a situation where one government
P300,00000; that if the trial court finds that he meets office takes an adverse position against another
the income and property requirements, the authority to government agency, the Solicitor General should not
litigate as indigent litigant is automatically granted, and refrain from performing his duty as the lawyer of the
the grant is a matter of right; that however, if the trial government. It is incumbent upon him to present to the
court finds that one or both requirements have not been court what he considers would legally uphold the best
me it should then set a hearing to enable the applicant interest of the government although it may run counter
to prove that he has ‘no money or property sufficient to a client's position. In such an instance, the
and available for food, shelter and basic necessities for government office adversely affected by the position
himself and his family;' that in that hearing the adverse taken by the Solicitor General, if it still believes in the
may adduce countervailing evidence to disprove the merit of its case may appear in its own behalf through
evidence presented by the applicant; that, afterwards, its legal personnel or representative.
the trial court will rule on the application depending on
the evidence adduced; that, in addition, Section 21 Of Only the Solicitor General, as the lawyer of the
Rule 3 provides that the adverse party may later still government, can bring defend actions on behalf of the
contest the grant of such authority at any time before Republic of the Philippines and, therefore actions filed
judgment is rendered by the trial court, possibly based in the name of the Republic, if not initiated by the
on newly discovered evidence not obtained at the time Solicitor General, will be summarily dismissed. In
the application was heard; that, if the trial court actions brought or defended on behalf or in the name of
determines after hearing that the party declared as an the Republic of Philippines, the Solicitor General is
indigent is in fact a person with sufficient income or
 15

entitled to be furnished both copies of all court orders,

notices and decisions.

Solicitor General's deputy.

The Office of the Solicitor General has the power to

deputize legal officers of government departments,
bureaus, agencies and offices to assist the Solicitor
General and appear or represent the Government in
cases involving their respective offices, brought before
the courts and exercise supervision and control over
such legal officers with respect to such cases. But the
OSG's deputized counsel is no more than the surrogate
of the Solicitor General in any particular proceedings
and the latter remains the principal counsel entitled to
be furnished copies of all court orders, notices, and
decisions.

Solicitor General, when not authorized.

The Office of the Solicitor General is not authorized to

represent a public official at any stage of a criminal case
or in a civil suit for damages arising from a felony and
this applies to all public officials and employees in the
executive, legislative, and judicial branches of the
Government.