Civil Procedure Review 6/25/18

Rule 1
 A rule that always applies to all cases – rule on forum shopping.
 An action commences when upon the filing of the original complaint before the Office
of the Clerk of Court (OCC) – payment of docket fees – raffle of cases (except when
there is a designated court for such case. Example: Intracorporate disputes, etc.)
 Extrajudicial foreclosure of mortgages – not suits filed in court

Rule 2
 Section 2
o Cause of action – there is a law protects you from doing something to you or
otherwise; claim or protects you from a claim
o Initiatory pleading – “claims”
o Answer – “allegations”
 Section 4 – principles of litis pendencia and res judicata
o Heirs questioned decision because husband was not impleaded- will it
prosper? Can it result in the dismissal of the case? (will be asked in. the
exam) Will not be dismissed. It’s just a formal requisite. Court may direct you
to implead your spouse.
 Section 5 (c) – discretionary
o RA 10951 – revised penalties of RPC
 Section 6 – misjoinder not a cause for dismissal

RULE 3
 Section 1 – Parties
o Sole proprietorship is not an entity
o Corporation – board of directors can sue and be sued
o In a counterclaim – you have to allege the amount, otherwise it is waived
 Section 2 – Real Party in Interest
o Are sureties real parties in interest?
o When you sue for the performance bond, you are a real party in interest
o When you only sue the parties, you are not
o Who you sue should also have an obligation to you
 Section 3 – Reps as parties
o Representatives – trustees, guardian (legal/ad litem), executor or administrator,
authorized by law (minors – DSWD)
o Agent acting in his own name – may sue and be sued and need not include
principal as long as the contract does not involve property of principal
 Section 4 – Spouses
o Heirs questioned decision because husband was not impleaded- will it
prosper? Can it result in the dismissal of the case? (will be asked in. the
exam) Will not be dismissed. It’s just a formal requisite. Court may direct you
to implead your spouse.
o You still have to implead your spouse.
 Section 5 – Minor or incompetent persons
o Motion for leave of court – to become a guardian (if there is no father, mother,
etc)
o Incompetent – deaf-mute,
 Section 6 – permissive joinder of parties
o Anytime in the proceedings
 Section 7 – compulsory joinder of indispensable parties
o Ex: Settlement of estate – all heirs should be impleaded.
o Whether they participate or not, it does not matter. As long as they are
impleaded
o Omission of indispensable party was deliberately made, dismissal.
o 2 things may happen – dismissal or remand of case

 Section 8. Necessary parties

o If not impleaded, decision will not apply to such necessary party.
o Preferred only, but not imperative
 Section 9 – Nonjoinder
o If omission is unmeritorious, court may order inclusion
o Only in action in rem
o Failure to comply – deemed as a waiver
o Best include him
o If not sure, include him haha

 Section 10 – unwilling co-plaintiff

o May be made a defendant
o May also apply to defendants (ruling will still apply upon the unwilling
defendant

 Section 11 – misjoinder or non-joinder

o Neither misjoinder nor non-joinder is a ground for dismissal.
o Parties may be dropped or added at any stage of action
 Bulawan v Aguende
o No
o St. Anne Medical Center v. __
 Appears to be a juridical entity, but is not.
 Ex. Fraternites, home owners association.
 A fraternity enters into a contract with a company who is a juridical
entity. Fraternity cannot be held liable because they are not registered as
a juridical entity.
 Remedy: allege such entity as a juridical entity with names of officers
and members.
o Court upon motion of any party or motu proprio