PART 3

Question 1

Indigent parties

Answer 1

A party who maybe authorized to litigate his action, claim or defense as an indigent if the court when 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 2

Authority to litigate as an indigent party includes exemption from payment of:

Answer 2

Transcript of stenographic notes
Docket fees and other lawful fees

Question 3

Guidelines for determining whether a party qualifies as an indigent litigant

Answer 3

• IL’s gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee
• Who do not own real property with a fair market value as stated in the current tax declaration of more than P300,000

Question 4

Alternative defendants

Answer 4

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 5

Can a dead person be a plaintiff or defendant?

Answer 5

NO

Question 6

WHO MAY BE PARTY PLAINTIFF OR PARTY DEFENDANT?

Answer 6

Natural and Juridical persons

Question 7

Natural persons

Answer 7

Must be of legal age with capacity to sue
Husband and wife shall sue and be sued jointly
Minor or incompetent → with assistance from dad, mom, guardian or if he has none, a guardian ad litem
non-resident

Question 8

Juridical persons

Answer 8

State and its political subdivisions
Other corporations, institutions and entities for public interest and purpose, created by law (GOCCs)
Corporations, partnerships and entities for private interest and purpose to which the law grants a juridical personality
Entities authorized by law (even if they lack juridical personality) → the persons who organized such entity may be sued under the name by which they are generally or commonly known

Question 9

Classification of parties:

Answer 9

Real parties in interest
Representative parties
Indispensable parties
Necessary parties

Question 10

Is lack of legal capacity to sue → considered as an affirmative defense ?

Answer 10

Yes

Question 11

Permissive joinder of parties.

Answer 11

Right to relief by or against said persons in respect to or arising out of the same transaction or series of transactions
Question of law or fact common to all such plaintiffs or to all such defendants in th action

Question 12

What may the court do with permissive joinder of parties?

Answer 12

The court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest.

Question 13

Compulsory joinder of indispensable parties.

Answer 13

Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs or defendants.

Question 14

Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall:

Answer 14

Set forth his name, if known
Shall state why he is omitted
Should the court find the reason for omission unmeritorious → it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained

Question 15

Effect of Failure to comply with the other of inclusion w/o justifiable cause

Answer 15

Deemed a waiver of the claim against such party

Question 16

Effect of non inclusion of a necessary party

Answer 16

Does not prevent the court from proceeding in the action & the judgment rendered shall be w/o prejudice to the rights of such necessary party

Question 17

What is the effect of failure to include indispensable parties

Answer 17

Failure to include indispensable parties → results in dismissal of the action

Question 18

Absences of indispensable parties

Answer 18

renders all subsequent actions of the court null and void

It results in lack of authority to act not only as to the party absent but also as those present

Question 19

Is failure to implead an dispensable party a ground for automatic dismissal of the action?

Answer 19

NO

Question 20

Is misjoinder or non joinder of party ground for dismissal?

Answer 20

NO

Question 21

When may parties be dropped?

Answer 21

may be dropped or added by order of the court on motion of any party on its own initiative at any state of the action and on such terms as are just

Question 22

PROCEDURE FOR DISMISSAL IF INDISPENSABLE IS NOT IMPLEADED:

Answer 22

1. The responsibility of impleading all the indispensable parties rests on the plaintiff
   To avoid dismissal, the remedy is to implead the non-party claimed to be indispensable
2. If plaintiff refuses to implead an indispensable party despite the order of the court → the complaint may be dismissed upon motion of defendant or upon the court’s own motion
3. Only upon unjustified failure or refusal to obey the order to include is the action dismissed

Question 23

WHAT ARE THE EFFECTS OF NON-INCLUSION OF A NECESSARY PARTY?

Answer 23

Failure to comply with the order of his inclusion without justifiable cause → shall be deemed a waiver of the claim against such party

Question 24

THIRD PARTY COMPLAINT

Answer 24

a claim that a defending party may, with leave of court, file against a person not a party to the action for:

Contribution
Ondeminity
Subrogation
Any other relief

Question 25

The 3rd party complaint shall be denied admission and the court shall require the defendant to institute a separate action where:

Answer 25

• The 3rd party defendant cannot be located within 30 calendar days from the grant of such leave
• Matters extraneous to the issue in the principal case are raised
• The effect would be to the issue in a new and separate controversy into the action

Question 26

Special joinder modes

Answer 26

Class suits
Intervention
Interpleader

Question 27

When are parties joined in a class suit and interpleader?

Answer 27

parties are joined at the inception of the suit

Question 28

INTERVENTION

Answer 28

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 29

When is a party joined in intervention?

Answer 29

party is joined after the suit has been filed

Question 30

What is the nature of an intervention?

Answer 30

not an independent proceeding but merely an ancillary and supplemental one which must be subordinate to the main proceedings

Question 31

What are the limitations of the intervenor?

Answer 31

limited to the field of proceeding open to the main parties

Question 32

INTERPLEADER

Answer 32

a remedy asking that the persons who claim the personal property or who consider themselves entitled to demand compliance with the obligation be required to litigate among themselves in order to determine finally who is entitled to one or the other

Question 33

Class Suit

Answer 33

an action filed or defended by one or more parties for the benefit of parties who are so numerous that is impracticable to bring them all before the court involving a matter which is fo common or general interest to such numerous persons

Question 34

How many rights or causes of action should there be in a class suit?

Answer 34

There should only be one right or cause of action belonging in common to many persons not separately or severally to distinguish the individuals

Question 35

How may 2 or more persons not organized as an entity with juridical personality enter into transaction be sued?

Answer 35

They may be sued under the name by which they are generally or commonly known. The names and addresses of the persons composing said entity must all be revealed.

Question 36

What is the duty if counsel whenever a party to a pending action dies, and the claim is not extinguished?

Answer 36

• Inform the court within 30 days after such death of the fact
• Give the name and address of his legal representatives

Question 37

Who will substitute for the deceased?

Answer 37

Allowed to be substituted for the deceased without requiring the appointment of an executor or administrator

Question 38

What if the heirs are minors?

Answer 38

The court may → appoint a guardian ad litem for the minor heirs. The court shall order said legal representative or representatives to appear and be substituted within.

Question 39

What if no legal representative is named by the counsel for the deceased party / if the one so named shall fail to appear within the specific period ?

Answer 39

The court may order the opposing party 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 40

Death or separation of a party who is a public officer.

Answer 40

The 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 41

Which actions do not survive the death of the deceased?

Answer 41

Only purely personal actions

Question 42

EFFECT OF FAILURE BY COUNSEL TO INFORM THE COURT OF DEATH OF A PARTY ON THE JUDGMENT AGAINST SUCH PARTY AND WRIT OF EXECUTION AGAINST SOLE HEIR:

Answer 42

It will render the judgment and writ of execution void for lack of due process.

Question 43

EFFECT OF NON-SUBSTITUTION OF A DECEASED

Answer 43

render the proceedings and judgment of trial court infirm because the court acquires no jurisdiction over the persons of the legal representatives or of the heirs

Question 44

Venue of actions against nonresidents — Actions affecting personal status of plaintiff

Answer 44

Venue is the court of place where the plaintiff resides.

Question 45

Venue of actions against nonresidents – Actions affecting any property of defendant located in the Philippines

Answer 45

Venue will be the court in the area where property or portion thereof is situated.

Question 46

When the rules on venue do not apply

Answer 46

1. In those cases where a specific rule or law provides otherwise; or
2. Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.

Question 47

Waiver of improper venue may be made through:

Answer 47

1. express waiver — through written agreement
2. implied waiver — through failure to seasonably object to improper venue as affirmative defense in an answer

Question 48

Pleadings allowed under the Rules of Court:

Answer 48

Complaint
Answer
Counterclaim
Cross-claim
Reply
Third-party (fourth party, etc) complaint
Complain in intervention, answer in intervention

Question 49

Complaint

Answer 49

Complaint is the pleading alleging the plaintiff’s or claiming party’s cause or causes of action

Question 50

What must be stated in the complaint?

Answer 50

The names and residences of the plaintiff and defendant must be stated in the complaint.

Question 51

Answer

Answer 51

An answer is a pleading in which a defending party sets forth his or her defenses.

NOTE: It may be an answer to the complaint, third-party (fourth party, etc) complaint, counterclaim, or cross-claim.

Question 52

2 Kinds of Defenses that mat set forth in the Answer

Answer 52

Negative Defense and Affirmative Defense

Question 53

Negative Defense

Answer 53

Specific denial of the material fact or facts alleged in the pleading of the claimant essential to his or her cause or causes of action

Question 54

Affirmative Defense

Answer 54

Allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him or her.

Question 55

Counterclaims

Answer 55

A counterclaim is any claim which a defending party may have against an opposing party.

Question 56

2 Kinds of Counterclaims:

Answer 56

Arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim

Question 57

What is the requirement of a compulsory counterclaim in relation to jurisdiction?

Answer 57

Such a counterclaim must be within the jurisdiction of the court both as to the amount and the nature thereof

Question 58

What is the exception of the requirement of a compulsory counterclaim in relation to jurisdiction?

Answer 58

Except that in an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount

Question 59

Permissive counterclaim -

Answer 59

one which is not barred even if not set up and which has no logical relation with the transaction or occurrence that is the subject matter of the opposing party’s claim; OR

even when there is such a connection, the court has no jurisdiction to entertain the claim or it requires for its adjudication the presence of third persons of whom the court cannot acquire jurisdiction

Question 60

Cross-claim

Answer 60

Any claim by any party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or of a counterclaim therein.

Question 61

GR: The dismissal of the complaint carries with it the dismissal of the cross-claim which is purely defensive. What is the exception?

Answer 61

Does NOT CARRY a dismissal of a cross-claim seeking affirmative relief.

Question 62

When may a cross claim be filed?

Answer 62

If there’s one already during an answer, file it there. If none, it can be filed if one matures after the service of an answer.

Question 63

Can a cross claim be filed for the first time on appeal?

Answer 63

No

Question 64

Must a cross claim be answered?

Answer 64

Yes

Question 65

Third (fourth, etc.) - party Complaints

Answer 65

It is a claim that a defending party may, with leave of court, file against a person not a party to the action

Question 66

Complaint-in-intervention

Answer 66

A legal proceeding by which a person who is not a party to the action is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirements of the Rules of Court.

Question 67

Purpose of an intervention

Answer 67

If the purpose of the motion for intervention is to assert a claim against either or all of the original parties, the pleading shall be called a complaint-in-intervention

Question 68

When may a reply be filed?

Answer 68

The plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.

Question 69

Extension of time to file an answer – when and who and how many times?

Answer 69

A defendant may, for meritorious reasons, be granted an additional period of not more than 30 calendar days to file an answer. A defendant is only allowed to file one motion for extension of time to file an answer.

Question 70

Pleadings allowed in small claims cases

Answer 70

Statement of Claims (complaint)
Response (answer)
Permissive counterclaim

Question 71

Pleadings allowed in Summary Procedure

Answer 71

Complaint
Compulsory counterclaim
Cross-claims pleaded in the answer
Answer to these pleadings