Remedial Law Notes 2

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   REMEDIAL LAW 1. Instances when the Rules of Court are NOT applicable GR: It is not applicable in: (NICOLE)   1. Naturalization proceedings; 2. Insolvency proceedings; 3. Cadastral proceedings; 4. Other cases not provided in the Rules of Court; 5. Land registration proceedings; and 6. Election cases (Sec. 4, Rule 1).  XPNs: 1. By analogy or in a suppletory character; and 2. Whenever practicable and convenient (Sec. 4, Rule 1). 2.  A civil action  is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong (Rule 1, Sec. 3 (a)),  A criminal action  is one by which the state prosecutes a person for an act or omission punishable by law (Sec. 3(b), Rule 1).  A special proceeding  is a remedy by which a party seeks to establish a status, a right, or a particular fact [Rule 1, Sec. 3 (c)] 3. Section 6. Construction.  —  These Rules shall be liberally construed  in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. (2a) 4. Section 5. Commencement of action.  —    A civil action is commenced by the filing of the srcinal complaint in court.  If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the dated of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a) 5. Section 4. Splitting a single cause of action; effect of.  —  If two or more suits are instituted on the basis of the same cause of action, the filing of one   or a  judgment upon the merits in any one is available as a ground for the dismissal of the others.  (4a) 6. Section 5. Joinder of causes of action.  —  A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions: (a) The party joining the causes of action shall comply with the rules on joinder of parties;  (b) The joinder shall not include special civil actions or actions governed by special rules; (c) Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the  joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and (d) Where the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. (5a) 7. (a) The party joining the causes of action shall comply with the rules on  joinder of parties; (b) The joinder shall not include special civil actions or actions governed by special rules; 8. Section 6. Misjoinder of causes of action.  —  Misjoinder of causes of action is not a ground for dismissal of an action . A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (n)  9. Totality or Aggregate Rule Where there are several claims or causes of actions between the same or different parties embodied in one complaint, the amount of the demand shall be the totality of the claims in all causes of action irrespective of whether the causes of action arose out of the same or different transaction [Sec. 5(d), Rule 2]. 10. 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. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. (2a) 11. Section 3. Representatives as parties.  —  Where the action is allowed to be prosecuted and defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real property in interest. A representative may be a trustee of an expert trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal. (3a)  12. Section 9. Non-joinder of necessary parties to be pleaded.  —  Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party. The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the  judgment rendered therein shall be without prejudice to the rights of such necessary party. (8a, 9a) 13. Section 10. Unwilling co-plaintiff.  —  If the consent of any party who should be joined as plaintiff cannot be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint. (10) 14. Indispensable Parties Necessary Parties Parties in interest without whom no final determination can be had of an action shall be  joined either as plaintiffs or defendants (Sec.7, Rule 3).  A necessary party is one who is not indispensable but who ought to be  joined as a party if: 1. Complete relief is to be accorded as to those already parties; or 2. For a complete determination or settlement of the claim subject of the action (Sec. 8, Rule 3). Necessary parties should be joined whenever possible, however, the action can proceed even in their absence because his interest is separable from that of indispensable party (Ibid.).  No valid judgment if they are not  joined. The case may be determined in court but the  judgment therein will not afford a complete relief in favor of the prevailing party. 15. The non-joinder of an indispensable or a necessary party is not by itself ipso facto a ground for the dismissal of the action. The court should order the joinder of such party and non-compliance with the said order would be a ground for the dismissal of the action (Feria & Noche, 2013). The dismissal, which may be made by the court motu proprio or upon the defendant’s motion, shall be based on the failure of the plaintiff to comply with any order of the court (Sec. 3, Rule 17). 16. Requisites of permissive joinder of parties 1.   Right to relief arises out of the same transaction or series of transactions (connected with the same subject matter of the suit); and 2.   There is a question of law or fact common to all the plaintiffs or defendants (2002 Bar). 17. Section 13. Alternative defendants.  —   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. (13a) 18. 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 (30) 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 his duty shall be a ground for disciplinary action. 19.
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