Rule 3 - Parties to Civil Actions Flashcards
Who may be parties in a civil action?
Only natural or juridical persons, or entities
authorized by law may be parties in a civil action.
Differentiate: plaintiff and defendant
The term “plaintiff” may refer to the claiming party, while “defendant”
may refer to the original defending party
In a complex legal dispute involving property rights, there are multiple parties with potential interests. How would you determine the “real party in interest”
Section 2. Parties in interest. – 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.
can a minor or incompetent person be sued?
Yes. Section 5. Minor or incompetent persons. – 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.
All persons in whom or against whom any right to relief in
respect to or arising out of the same transaction or series of transactions is alleged to exist join as plaintiffs
or be joined as 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
a. Permissive joinder of parties
b. Permissive joinder of courts
c. Permissive joinder of counsels
a. Permissive joinder of parties
what do you call a Parties in interest without whom no final
determination can be had of an action
Compulsory joinder of indispensable parties
What do you called 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, a number of them which the
court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned
may sue or defend for the benefit of all.
Class Suit
can misjoinder or non-joinder of parties is a
ground for dismissal of an action?
no. Section 11. Misjoinder and non-joinder of parties. – Neither misjoinder nor non-joinder of parties is
ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of
any party or on its own initiative at any stage of the action and on such terms as are just.
what will happen if the identity or name of defendant is unknown?
he may be sued as the unknown owner, heir, devisee, or by such other designation as
the case may require
In a recent business deal, John and Sarah, two individuals not organized as an entity with juridical personality, entered into a transaction with XYZ Corporation. However, the deal went south, and XYZ Corporation decides to sue them under the name by which they are commonly known in the business community. In response to the lawsuit, what information must John and Sarah include in their defense regarding the entity without juridical personality?
John and Sarah, as the defendants, are obligated to reveal the names and addresses of all individuals comprising the entity without juridical personality under which they are commonly known. This requirement ensures transparency in legal proceedings and allows the plaintiff, XYZ Corporation, to properly address and serve legal notices to all parties involved in the disputed transaction. By disclosing the identities and addresses of each person within the unincorporated entity, John and Sarah contribute to a fair and comprehensive legal process, allowing for effective communication and resolution of the legal matter at hand.
Section 16. Death of party; duty of counsel. – 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 (_______) days after such death of the fact thereof, and to give the name and address of his legal representative or
representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action
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If the party is a public officer died, resigns or cease to hold office can the action be continued?
Yes. Section 17. Death or separation of a party who is a public officer. – When a public officer is a party in
an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office,
the action may be continued and maintained by or against his successor if, 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
Can a Indigent person be a party in a civil action?
Yes. 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
In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, rules or regulations, the court, in its discretion, may
require the appearance of the _________ who may be heard in person or through a representative
duly designated by him.
a. president
b. cabinet member
c. Solicitor General
c. Solicitor General
