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REMEDIAL LAW order to promote their objective of

securing a just, speedy and inexpensive


1.
disposition of every action and
Instances when the Rules of Court proceeding. (2a)
are NOT applicable
GR: It is not applicable in: (NICOLE)
1. Naturalization proceedings;
4.
2. Insolvency proceedings;
Section 5. Commencement of action.
3. Cadastral proceedings;
— A civil action is commenced by the
4. Other cases not provided in the Rules
filing of the original complaint in
of Court;
court. If an additional defendant is
5. Land registration proceedings; and
impleaded in a later pleading, the action
6. Election cases (Sec. 4, Rule 1).
is commenced with regard to him on the
dated of the filing of such later pleading,
XPNs: irrespective of whether the motion for its
admission, if necessary, is denied by the
1. By analogy or in a suppletory
court. (6a)
character; and
2. Whenever practicable and convenient
5.
(Sec. 4, Rule 1).
Section 4. Splitting a single cause of
action; effect of. — If two or more suits
2.
are instituted on the basis of the same
A civil action is one by which a
cause of action, the filing of one or a
party sues another for the enforcement
judgment upon the merits in any
or protection of a right, or the prevention
one is available as a ground for the
or redress of a wrong (Rule 1, Sec. 3 (a)),
dismissal of the others. (4a)

A criminal action is one by which


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the state prosecutes a person for an act
Section 5. Joinder of causes of action.
or omission punishable by law (Sec. 3(b),
— A party may in one pleading assert, in
Rule 1).
the alternative or otherwise, as many
A special proceeding is a remedy causes of action as he may have against
by which a party seeks to establish a an opposing party, subject to the
status, a right, or a particular fact [Rule following conditions:
1, Sec. 3 (c)]
(a) The party joining the causes of action
3. shall comply with the rules on joinder of
Section 6. Construction. — These parties;
Rules shall be liberally construed in
(b) The joinder shall not include special parties embodied in one complaint, the
civil actions or actions governed by amount of the demand shall be the
special rules; totality of the claims in all causes of
(c) Where the causes of action are action irrespective of whether the causes
between the same parties but pertain to of action arose out of the same or
different venues or jurisdictions, the different transaction [Sec. 5(d), Rule 2].
joinder may be allowed in the Regional
Trial Court provided one of the causes of 10.
action falls within the jurisdiction of said Section 2. Parties in interest. — A
court and the venue lies therein; and real party in interest is the party who
(d) Where the claims in all the causes stands to be benefited or injured by the
action are principally for recovery of judgment in the suit, or the party entitled
money, the aggregate amount claimed to the avails of the suit. Unless otherwise
shall be the test of jurisdiction. (5a) authorized by law or these Rules, every
action must be prosecuted or defended
7. in the name of the real party in interest.
(a) The party joining the causes of (2a)
action shall comply with the rules on
joinder of parties; 11.

(b) The joinder shall not include Section 3. Representatives as parties. —


special civil actions or actions governed Where the action is allowed to be
by special rules; prosecuted and defended by a
representative or someone acting in a
8. fiduciary capacity, the beneficiary shall
Section 6. Misjoinder of causes of be included in the title of the case and
action. — Misjoinder of causes of action shall be deemed to be the real property
is not a ground for dismissal of an in interest. A representative may be a
action. A misjoined cause of action may, trustee of an expert trust, a guardian, an
on motion of a party or on the initiative executor or administrator, or a party
of the court, be severed and proceeded authorized by law or these Rules. An
with separately. (n) agent acting in his own name and for the
benefit of an undisclosed principal may
9. sue or be sued without joining the
principal except when the contract
Totality or Aggregate Rule involves things belonging to the principal.
(3a)
Where there are several claims or causes
of actions between the same or different
12. 14.

Section 9. Non-joinder of necessary Indispensable Necessary Parties


parties to be pleaded. — Whenever in Parties
any pleading in which a claim is asserted Parties in interest A necessary party
a necessary party is not joined, the without whom no is one who is not
pleader shall set forth his name, if final indispensable but
known, and shall state why he is omitted. determination can who ought to be
Should the court find the reason for the be had of an joined as a party
omission unmeritorious, it may order the action shall be if:
inclusion of the omitted necessary party joined either as
if jurisdiction over his person may be plaintiffs or 1. Complete relief
obtained. defendants is to be accorded
(Sec.7, Rule 3). as to those
The failure to comply with the order for already parties; or
his inclusion, without justifiable cause,
shall be deemed a waiver of the claim 2. For a complete
against such party. determination or
settlement of the
The non-inclusion of a necessary party claim subject of
does not prevent the court from the action (Sec. 8,
proceeding in the action, and the Rule 3).
judgment rendered therein shall be
without prejudice to the rights of such Necessary parties
necessary party. (8a, 9a) should be joined
whenever
13. possible,
Section 10. Unwilling co-plaintiff. however, the
— If the consent of any party who should action can
be joined as plaintiff cannot be obtained, proceed even in
he may be made a defendant and the their absence
reason therefor shall be stated in the because his
complaint. (10) interest is
separable from
that of
indispensable
party (Ibid.).
No valid judgment The case may be same subject matter of the suit);
if they are not determined in and
joined. court but the
judgment therein 2. There is a question of law or fact
will not afford a common to all the plaintiffs or
complete relief in defendants (2002 Bar).
favor of the
prevailing party. 17.

Section 13. Alternative defendants. —


Where the plaintiff is uncertain
against who of several persons he is
15. entitled to relief, he may join any or all
of them as defendants in the alternative,
The non-joinder of an indispensable or a although a right to relief against one may
necessary party is not by itself ipso facto be inconsistent with a right of relief
a ground for the dismissal of the action. against the other. (13a)
The court should order the joinder of
such party and non-compliance with the
said order would be a ground for the
dismissal of the action (Feria & Noche, 18.
2013).
Section 16. Death of party; duty of
The dismissal, which may be made by the counsel. — Whenever a party to a
court motu proprio or upon the pending action dies, and the claim is not
defendant’s motion, shall be based on thereby extinguished, it shall be the
the failure of the plaintiff to comply with duty of his counsel to inform the
any order of the court (Sec. 3, Rule 17). court within thirty (30) days after
such death of the fact thereof, and to
give the name and address of his
16. legal representative or
representatives. Failure of counsel to
Requisites of permissive joinder of comply with his duty shall be a ground
parties for disciplinary action.

1. Right to relief arises out of the


same transaction or series of
transactions (connected with the 19.
Section 19. Transfer of interest. — In 22.
case of any transfer of interest, the
CLASS SUIT
action may be continued by or
against the original party, unless the It is an action where one or some of the
court upon motion directs the person to parties may sue for the benefit of all if
whom the interest is transferred to be the requisites for said action are complied
substituted in the action or joined with with (Riano, 2014).
the original party. (20)

Requisites of class suit

20. 1. Subject matter of the controversy is


one of common or general interest to
Indigent party -----They are those:
many persons;
2. Parties affected are so numerous that
1. Whose gross income and that of their it is impracticable to bring them all before
immediate family do not exceed an the court;
amount double the monthly minimum
3. Parties bringing the class suit are
wage of an employee; and
sufficiently numerous or representative
2. Who do not own real property with a of the class and can fully protect the
fair market value as stated in the current interests of all concerned; and
tax declaration of more than Php
4. Representatives sue or defend for the
300,000.00 shall be exempt from the
benefit of all (Sec. 12, Rule 3; Sulo ng
payment of legal fees (Sec. 19, Rule 141
Bayan v. Araneta, G.R. No. L31061,
as amended by A.M. No. 04-2-04-SC).
August 17, 1976) (2005 Bar).
He is one who has no money or property
NOTE: There is no common or general
sufficient and available for food, shelter
interest in the reputation of a specific
and basic necessities for himself and his
individual (Newsweek, Inc. v. IAC G.R.
family (Sec. 21, Rule 3).
No. L-63559, May 30, 1986).

23.
21.
Section 15. Entity without juridical
Authority as an indigent party includes an personality as defendant. —
exemption from the payment of:
When two or more persons not
1. Docket fees and other lawful fees; organized as an entity with juridical
personality enter into a transaction, they
2. Transcript of stenographic notes (Sec.
21, Rule 3).
may be sued under the name by which name is discovered, the pleading must be
they are generally or commonly known. amended accordingly. (14)
In the answer of such defendant, the
name and addresses of the persons
composing said entity must all be
revealed. (15a)

24.
Section 20. Action and contractual money
claims. —

When the action is for recovery of


money arising from contract, express or
implied, and the defendant dies before
entry of final judgment in the court in
which the action was pending at the time
of such death, it shall not be dismissed
but shall instead be allowed to continue
until entry of final judgment.
A favorable judgment obtained by
the plaintiff therein shall be enforced in
the manner especially provided in these
Rules for prosecuting claims against the
estate of a deceased person. (21a)

25.
Section 14. Unknown identity or
name of defendant. —

Whenever the identity or name of


a defendant is unknown, he may be sued
as the unknown owner heir devisee, or
by such other designation as the case
may require, when his identity or true

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