Requisites [Rule 2.5] (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 causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action are within that court's jurisdiction and venue lies therein; (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 (“totality rule”) Misjoinder of Causes of Action Misjoinder is not a ground for dismissal of an action [Rule 2.6] ‘An erroneously joined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. Peeunnen) Pernt en Directed against the thing itself Directed against particular persons persons As to Parties Involves at least T Involves at least 2| partyor2ormore parties parties in proper cases ‘AS to cause of action Involves a right and a violation of such right | May involve a right, by the defendant, | but there need not which causes some | be a violation of this damage or prejudice | right upon the plaintiff ‘As to formalities Requires the | Requires no such application of legal | formalities, as it remedies in| may be granted accordance with the | upon application prescribed rules AS to governing rules Ordinary rules of | Special rules of procedure procedure As to appeal from an Interlocutory Order Cannot be directly and immediately appealed | Can be immediately to the appellate court | and directly until after final | appealed to the judgment on the | appellate court merits Jurisdiction over the person of Jurisdiction over the person of the defendant not required Jurisdiction over the person of | defendant is not required as defendant required long as jurisdiction over the res is required Proceeding to determine the state or condition of a thing Action to impose a responsibility or liability upon a person directly Proceeding to subject the interest of a named defendant over a particular property to an obligation or lien burdening it Judgment is binding on the whole world Judgment is binging only upon impleaded parties or their successors in interest Judgment — binging upon particular persons Eg. Probate proceeding, cadastral proceeding E.g. Specific performance, action for breach of contract Eg. Action for foreclosure of real mortgage partition; estate1. Death or Separation of a Party who is a Public Officer, Requisites [Rule 3, Sec. 17] () That the public officer is a party to an action in his official capacity; (2) That during the pendency of the action, he either dies/resigns or otherwise ceases to hold office; (3) That any party shows to the satisfaction of the court, within 30 days after the successor takes office, that there is a substantial need to continue or maintain the action; (4) That the successor adopts or continues his predecessor's action, or threatens to do 50; and (5) The party or officer affected: (a) Assented to the substitution, or (b) Was given reasonable notice of the application, and opportunity to be heard ©.9 EFFECT OF DEATH OF A PARTY- LITIGANT Duty of Counsel upon Death of Client [Rule 3, Sec. 16] (1) Inform court of such fact within 30 days after the death; (2) Give the name and address of the legal representatives. Failure to comply is a ground for disciplinary action. Action of Court upon Notice of Death Upon receipt of notice, shall determine if claim is extinguished by such death (1) Claim does not survive: the proper action would be to dismiss the case. Substitution would nat be required (2) Claim survives: the court shall order the legal representative of the deceased to appear and be substituted for him within 30 days, or within such time as may be granted. Survival of Action Survival depends on the nature of the action and the damage sought (1) Causes of Action that Survive: {a) The wrong complained of affects primarily and principally property and property rights (b) Injuries to the person are meraly incidental {Q Eg. Purely personal actions like support (2) Causes of Action that do not Survive: {a) The injury complained of is to the person (b) Property and property are incidental hts affected (9 Eg. actions to recover real and personal property or to enforce liens thereon C.7 CLASS SUIT Requisites [Rule 3, Sec. 12] () Subject matter of the controversy is one of common or general interest to many persons; (2) The persons are so numerous that it is impracticable to join them alll as parties, and to bring them all before the court; (8) Parties actually before the court are sufficiently numerous and representative of the class as to fully protect the interests of all concerned; (4) The representative sues or defends for the benefit of all In a class suit, any party in interest shall have the right to intervene to protect his individual interest. [Rule 3, Sec. 12] If a class suit is improperly brought, the action is subject to dismissal regardless of the cause of action. [Rule 16, Sec T(d)] However, no class suit may be dismissed upon the instance of the plaintiff or compromised, without the approval of the court. [Rule 17, Sec. a(ne Place where « is instituted di Power of the court to hear and decide a case a he a May be waived Jurisdiction over the subject matter and ‘over the nature of the action is conferred by law and cannot-be waived Procedural Substantive May be chang written agreement of the parties Is fixed by law and cannot be the subject of the agreement of jed by the Establishes 3 between plai defendant, or and respondent the parties A tet | Establishes a relation -, between the court and petitioner the subject matter Not a ground for a| Lack of jurisdiction motu propio dismissal | over the subject matter is_a ground for a motu Sa eee mee) aed ees Against a Against a | Against an | person not a coparty | opposing party | party to the action May arise out of or be necessarily Must arise connected = with cout of the ‘transaction the transaction that is the | the subject | Must be in subject matter of the | respect of the sublect | oppceing parry’ | opponent's PF thE | claim (olaintf?'s) rene {compulsory claim action or of a counterclaim), or counterclaim | — it may not ‘therein (oermissive counterclaim) No need for a leave of court No need for leave | Leave of court of court isneeded E.2 PLEADINGS ALLOWED IN SPECIAL RULES Revised Rules on Summary Procedure The only pleadings allowed to be filed are (1) Complaints (2) Compulsory counterclaims pleaded in the Answer (3) Cross-claims pleaded in the Answer; and (4) Answers thereto [Sec. 3[A], Il] Prohibited Pleadings, Motions, or Petitions (Sec. 19) (1) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with required barangay conciliation proceedings; (2) Motion for a bill of particulars; (3) Motion for new trial, or — for reconsideration of a judgment, or for ‘opening of trial; (4) Petition for relief from judgment; (5) Motion for extension of time to file pleadings, affidavits or any other paper; (6) Memoranda (7) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (8) Motion to declare the defendant in default; (9) Dilatory motions for postponement; (10) Reply; (11) Third party complaints; and 12} Interventions. ( ( ( (