[CODALS-FINAL] Rule 1 - 4

Question 1

In what courts applicable

Answer 1

All courts, unless otherwise provided by the SC.

Question 2

In what cases not applicable

Answer 2

[ELCNIO] Election, Land Registration, Cadastral, Naturalization, Insolvency, and Others.

Question 3

How is a civil action commenced in court?W hat if an additional defendant is impleaded?

Answer 3

Commenced by the filing of the original complaint in court. Action is commenced with regard to him on the date of the filing of such later pleading.

Question 4

How is the RoC construed?

Answer 4

Liberally

Question 5

Basis of ordinary civil action?

Answer 5

Every ordinary civil action must be based on a cause of action

Question 6

Cause of action, defined

Answer 6

A cause of action is the act or omission by which a party violates a right of another.

Question 7

T or F: A party may institute more than one suit for a single cause of action.

Answer 7

F, a party cannot institute more than on suit for a single cause of action.

Question 8

Splitting and its consequences

Answer 8

If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in anyone is available as a ground for the dismissal of the others.

Question 9

Joinder of causes of action - defined

Answer 9

A party may in one pleading assert as many causes of action as he may have against an opposing party.

Question 10

What are the conditions for oinder of causes of action

Answer 10

1. The party joining the causes of action shall comply with the rules on joinder of parties;
2. The joinder shall not include special civil actions or actions governed by special rules;
3. Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and
4. Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction.

Question 11

Consequences of: Misjoinder of causes of action

Answer 11

Not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately.

Question 12

Who may be parties; plaintiff and defendant?

Answer 12

Only natural or juridical persons, or entities authorized by law may be parties in a civil action.

Question 13

Parties in interest.

Answer 13

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.

Question 14

GR with regard to the name of parties in interest.

Answer 14

Every action must be prosecuted or defended in the name of the real party in interest

Question 15

Representatives as parties

Answer 15

May be a trustee of an express trust, a guardian, an executor or administrator, or a party authorized by law or these Rules.

Question 16

Spouses as parties

Answer 16

Husband and wife shall sue or be sued jointly, except as provided by law.

Question 17

Minor or incompetent persons.

Answer 17

A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem

Question 18

What is permissive joinder of parties?

Answer 18

All persons in whom or against whom any right to relief arising out of the same transaction is alleged to exist may join as plaintiffs or defendants in one complaint.

Where any question of law or fact common to all such plaintiffs or to all such defendants may arise in the action.

Question 19

Indispensible parties

Answer 19

Without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants.

Question 20

Necessary party

Answer 20

Oone who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties.

Question 21

Non-joinder of necessary parties to be pleaded - what happens?

Answer 21

The pleader shall set forth his name, if known, and shall state why he is omitted.

Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained.

Question 22

Consequence of failure to comply with the order for inclusion of necessary parties without justifiable cause?

Answer 22

Shall be deemed a waiver of the claim against such party

Question 23

Consequence of misjoinder and nonjoinder of parties

Answer 23

Neither misjoinder nor non-joinder of parties is ground for dismissal of an action.

Question 24

Class suit

Answer 24

When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties.

Question 25

T or F: Any party in interest shall have the right to intervene to protect his individual interest.

Answer 25

T

Question 26

Alternative defendants

Answer 26

Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other.

Question 27

Entity without juridical personality as defendant

Answer 27

When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known.

Question 28

What must be revealed in the answer of the entity without juridical personality as defendant?

Answer 28

In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed.

Question 29

Death of party; duty of counsel

Answer 29

Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death, and to give the name and address of his legal representative or representatives

Question 30

When a party dies, what can an heir do?

Answer 30

The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.

Question 31

What actions do not survive the death of the accused?

Answer 31

Only purely personal actions do not survive the death of the accused.

Question 32

Special joinder modes

Answer 32

Class suits
Intervention
Interpleader

Question 33

What type of special joinder modes: Parties are joined at the inception of the suit

Answer 33

Class suit and interpleader

Question 34

INTERVENTION

Answer 34

Act or proceeding by which a 3rd person is permitted to become a party to an action or proceeding between other persons and which results merely in the addition of a new party or parties to an original action

Question 35

Limitation of an intervenor

Answer 35

Limited to the field of proceeding open to the main parties

Question 36

What happens if no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period?

Answer 36

Court may order the opposing party, within a specified time, to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased.

Question 37

Death or separation of a party who is a public office

Answer 37

Action may be continued and maintained by or against his successor if, within thirty (30) days after the successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court by any party that there is a substantial need for continuing or maintaining it and that the successor adopts or continues or threatens to adopt or continue the action of his predecessor.

Question 38

If a party becomes incompetent or incapacitated?

Answer 38

Court may allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem.

Question 39

Action on contractual money claims (defendant dies)

Answer 39

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

Question 40

Indigent party

Answer 40

A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.

Question 41

Exemptions

Answer 41

Exemption from payment of dock et and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him

Question 42

Venue of real actions

Answer 42

Commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated.

Question 43

Venue of personal actions

Answer 43

Commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a nonresident defendant where he may be found, at the election of the plaintiff.

Question 44

Venue of actions against nonresidents

Answer 44

Action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.

Question 45

When Venue Rule not applicable.

Answer 45

In those cases where a specific rule or law provides otherwise;

Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.