Spouses as Parties

Question 1

GENERAL RULE on impleading spouses in civil action

Answer 1

Sec. 4, Rule 3 of the Rules of Court provides, to wit:

Sec. 4. Spouses as parties. – Husband and wife shall sue or be sued JOINTLY, except as provided by law.

Question 2

EXCEPTIONS: When spouses may not sue or be sued jointly

Answer 2

(A) When there property regime is Separation of Property;
(B) When the case involves the paraphernal property of one of them; and
(C) When the civil action is filed by one spouse against the other.