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CIVIL PROCEDURE[LAGGUI REVIEWER] TRANSCRIBED GALLY NOTES WITH RENE NOTESBY:RENE CALLANTA RULE I Q . When does an action deemed commenced? A. An action is deemed commenced upon the filing of the complaint. This is the provision of the old rule. But this old rule that an action is deemed commenced as of the date the complaint is filed has been amended to include a provision which envisions a case when the action is already filed and is amended to include an additional defendant. Example: The case was filed Dec.2, !! by A against B only. #nder this rule, the action is deemed commenced on Dec. 2, !! in so far as only A and B are concerned. $n . Dec %,!! A filed an amended complaint including now &. Q . When is this action deemed commenced? A . 'nsofar as A and B are concerned, the action is deemed commenced on Dec. 2, !! . But insofar as it concerns A and &, the action is deemed commenced on Dec. %, !! (as to &).*.Why do we distinguish the date of commencement of an action in this situation where the is an additional defendant? A . Because we have the law on prescription. At the time the case was filed on Dec. , !! , the action against B may not yet have prescribed. But when the complaint was amended on Dec. %, !! , the action of A against B and & may have already prescribed. That is why it is necessary to consider the situation li+e this when the action is being commenced with respect to an additional defendant. RENE NOTES: 1)An action is commenced by the filing of the complaint and the payment of the requisite docket fees within the prescriptive period, this notwithstanding that summons was served on the defendant after the prescriptive period. 2)An action can be commenced by filing the complaint by registered mail. It is the date of the mailing that is considered as the date of filing, and not the date of the receipt thereof by the clerk of court.)!he amount of damages in the body of prayer of the pleading must enable the clerk of court to compute the docket fees required. )!he court may allow the payment of the deficient docket fee within a reasonable period but not beyond the applicable prescriptive period. With respect to actions, we have retained the provisions of the old code. With respect to some subect matter under the old rule, a party plaintiff can file only one complaint based on one single cause of action. -e cannot split its cause of action. And when he splits his cause of action, the subseuent actions maybe the subect of a motion to dismiss. This rule has been retained in the /ew 0ules in &ivil 1rocedure. Example (3plitting of causes of action which have been retained)/ote 3ame parties A is a resident of 3ulu, B is of Batanes. There is a piece of land located in 3orsogon. The causes of action of A against B are as follows)sum of money involving 1244,444.442)reindivicacion over the lot valued at 154,444.44 Q. &an A file a complaint against B oining in one complaint the action for sum of money and the action for reinvidicacion (if it can, with what court and place)? A. 6et us vary the facts, the claim for money is 124,444.44. The value of the property is 1!,444.44 Q . &an A file only one complaint incorporating therein the sum of money of 124,444.44 and reindivicacion of lot valued at 1!,444.44? A. Sec. 5 Rule 2(rules on joinder of causes of action A party may in one pleading assert, in the alternatives or otherwise, as many causes of action as he may have against an opposing party, subect 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 action or actions governed by special rules; c.where the causes of action are between the same parties but pertain to different venue of jurisdictions, the joinder may be allowed in the RTC provided one of the cases of action falls within the jurisdiction of said court and the venue lies herein; and d.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. The rule on oinder is as follows A party may oin two or more causes of action which he has in his favor in only one complaint. 3o if A has 4 causes of action against B, instead of A filing 4 separate action against B, he may be allowed to file only one complaint, and incorporating therein all the 4 causes of action. Q. 3upposing his causes of action pertain to different venues or urisdiction where will A, the plaintiff, file his 4 causes of action embodied only one complaint? A . The rule is, if these 4 causes of action pertain to different venues, the action may be filed in the appropriate 0T& provided that the venue of the action lies therein.'n the former e7ample, the first action was the sum of money involving 1244,444.44 only and the second cause of action is reinvidicacion involving 154,444.44.3ince A is not obliged to allege all causes of action in one complaint, he may elect to file two separate actions ) A vs. B for sum of money 2) A vs. B for reindivicacion. Q . 'f he were to file this action for sum of money only, in what court of what place may A file the complaint? A . 8ou apply 0ule 9 venue 3ince this is a personal action for sum of money, the venue could be the residence of plaintiff A, or the residence of the defendant B at the election of A. 3o this case can be filed either in 3ulu or Batanes. Q . 'n what court in 3ulu or in Batanes may this action of A be filed? A . &onsidering the amount which is only 1244,444.44, this is within the urisdiction of :T&. 3o this case can be filed either in the :T& of 3ulu or in the :T& of Batanes. Q . 'f A were to file an action for reindivicacion, over this lot located is 3orsogon, in what place should A file the case? A . We apply again 0ule 9 ;enue and that would be 3orsogon. Q. 'n what court in 3orsogon should the action be filed? A . &onsidering the value 154,444.44, this action should be filed only in 0T& of 3orsogon. 6et us assume however that A elected to file only one complaint involving these sum of money of 1244,444.44 and this property involving 1544,444.44. The court that has the urisdiction over the sum of money of 1244,444.44 is the :T&. The court that has the urisdiction over reindivicacion is the 0T& of 3orsogon. Q . Where can these two actions be filed? A . $nly in the 0T& of 3orsogon. 't cannot be filed in 3ulu or Batanes. 't can be filed only in 3orsogon.6et us get the reverse<The value of sum of money is 1244,444.44 and so this is within the urisdiction of the 0T&. The value of the property here is 1!,444.44, this is within the urisdiction of the :T&. Q. &an you now oin these two? A . 8es, in the 0T& of 3orsogon. /ot in 3ulu or Batanes, but in the 0T& of 3orsogon. Example A resident of 3ulu, sued B a resident of Batanes, in only one complaint alleging therein these two causes of action.=or recovery of 1244,44.44 sum of money,2.=or forcible entry over a piece of land located in 3orsogon valued at 1!,!!!.!!. Q . &an A oin only in one complaint on these two (2) causes of action? A. These two cannot be oined because one is an ordinary civil action (sum of money) and the other is a special civil action (forcible entry). This is one of the limitation of oinder of causes of action. A special civil action cannot be oined with another action which is ordinary. Example: A is a resident of 3ulu, B of Batanes, & of >amboanga. A loaned : to B, and the loan is evidenced by a promissory note which B signed. The promissory note matured without B paying the money notwithstanding. A has another cause of action against B and & for another : pesos, a promissory note was also e7ecuted and signed by B and &. The promissory note also matured but they did not pay. 2 Q . &an A file only one complaint against both B and & incorporating therein these two causes of action? (The action against B for : pesos and another action against B and & for 1:) A. /o, A cannot file only one complaint against B and &, otherwise, A will violate one of the limitations (3ec. 5 (a)) provided for in oinder of &auses of Action under 0ule 2 3ection 5.'f A is permitted to do so, it will be a violation of the provision on 0ules on oinder of 1arties under 0ule % 3ec. @.& has nothing to do with the first promissory note e7ecuted by B. & has no interest on the first cause of action of A against B alone. Example A has the following causes of action for recovery of money against B, all in the promissory notes that matured on. an. 4, !! 1 24,444.44 2. an. 24, !! %4,444.44 %. an. %4, !! 94,444.44 9. =eb. 4, !! 54,444.44 5. =eb. 5, !! @4,444.44 @. =eb. 24, !! 4,444.44 12 4,444.44 A is a resident of 3ulu and B of Batanes. B did not pay on an. 4, B did not pay on each and every maturity. But A waited for the maturity on this loan due on =eb. 24, !!. 3ince he was not paid on =eb. 24, !!, he now decided to file an action involving all these sum of money. Q. 3hould he (A) decide to file a case on =eb. 25, !!, against B, in what court should the action be filed? A . 't should be filed in the 0T& of 3ulu or in Batanes.Where all the causes of action are principally for money, the type of urisdiction is the totality of the amounts in all the cases. 'f you were A and you want to file only an action for the recovery of 124,444.44 you will file this with the :T&. This is the same with respect to other causes of action. 'ndividually, they are triable by the :T&.But if all these causes of action are oined in only one complaint, the totality or the language of the rule, Cthe aggregate, of the amount furnish the urisdictional test. 3o, since the amount is 12 4,444.44, this is an action triable by the 0T&. 3o you file the action not in the :T& but in the 0T&. RENE NOTES 1) In case the obligation is by installments, each installment constitute a cause of action #$%&'&(, if at the time of bringing of the suit, several installments are already due, all must be included otherwise, others not included will be barred. Before April , ! , the urisdiction of the :T& was limited to 144,444.44 and the 0T&Es in the amount in e7cess of 144,444.44. 3o under the old rule, before April !, !!!, all claims (money claims) not e7ceeding 144,444.44 was triable by the :T&. All claims e7ceeding 144,444.44 were triable by the 0T&. This is the provinces. #nder the old rules, where the claim was for the money and the parties thereto was the residents of :etro :anila, the urisdiction of the 0T&Es in :etro :anila was in e7cess of 1244,444.44. Beginning, however April , !, the urisdiction of the :T& were e7panded as follows 'n areas outside :etro :anila, the urisdiction of the :T&Es e7tended up to 1244,444.44. But in :etro :anila, Beginning April !, !!!, the urisdiction of the :T&Es was 1944,444.44 3o, as of now the urisdiction of the :etro :anila :T&Es is 1944,444.44. But in areas outside :etro :anila, the urisdiction of the :T&Es is up to 1244,444.44 only. This now the new rule which implemented 3ec. 5 of 0A @!. 0A @! e7panded the urisdiction of the :T&Es. Q. state the rule on permissive joinder of parties A. Sec. ! Rule All persons in whom or against whom any right to relief in respect to or arising out of the same transactions is alleged to e ist, whether jointly, severally, or in the alternative, may e cept as otherwise provided in these Rules, join as plaintiffs or be joined as defendants in one complaint, where any #uestion of law or fact common to all such plaintiffs or to all such defendants may arise in the action; but the court may ma$e such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to e pense in connections with any proceedings in which he may have no interest. The rule contemplates a situation where there are two or more persons in whom a right to relief e7ist or against whom a right to relief e7ist. These two or more persons can oin in one complaint or can be oined as defendants in one complaint provided that there e7ist between them a uestion of law common to both of them. As the term suggests , joinder is not mandatory . 't may be availed of by parties as plaintiffs if they want to. 'f they do not want to oin as parties, they cannot be compelled. Example: A, B and & are owners of adoining houses. F is a driver of a gasoline tan+er. Because of the manner F drove the tan+er, the driver struc+ a :eralco 1ost. As a result, the tan+er turned turtle (naging pagong ang tan+er<) in the process, it e7ploded. The fire burned the houses of A, B, and &. A can sue F for the loss of his house. B can sue F for the loss of his own house. & can sue F for the burning of his own house. 'f these were so, there will be now, three (%) complaints against F. $n the other hand, A, B and & or A and B alone, or A and &, or B and &, sued F in one complaint. A and & sued F in one complaint, B and & sued F in one complaint, or better still, they oined in one complaint against F. Q . &an they validly do that? A . 8es, they have each a separate cause of action against F. #nder the rule on oinder of parties, all of them can oin in only one complaint. Q . Why? A . 0ight to relief e7ists in favor of all of them, A, B and &. Q. What is the basis of their right to relief of A against F? A . The basis of the right of A against F is the negligent act of F in driving. Q . What is the basis of the right of B against F? A. The same. The negligent act of F. Q . What is the basis of the right of relief of & against F? A . The same, the negligent act of F in driving. 'f these were to be tried separately, if the parties A, B and & filed separately the case, there will be only one issue that the court will resolve, which is common to all of them. 3o they can oin as parties. This is the rule on permissive oinder of parties. Q . &an A, B and & be reuired or compelled to oin in one complaint? A. /o. whether they will oin or they will not oin is a matter of them alone to decide. They cannot be forced to oin. Rene Notes:Compuso! #o$n%e! in the case of*1)indispensable parties2)necessary parties+ !he nonoinder of an indispensable or a necessary party is -$! by itself ipsofato a ground for the dismissal of an action. the court shall order oinder noncomplianceground for dismissal+ If the court does not order the oinder of an indispensable party, the validity of the udgment may be questioned on appeal or certiorari. Pe!m$ss$&e #o$n%e! parties can either be oined in a single complaint or may themselves maintained or be sued in separate suits. !his rule also applies to counterclaims. Re'u$s$tes o( Pe!sm$ss$&e )o$n%e! o( p*!t$es .1)right to relief arises out of the same transactions or series of transactions2)there is a question of law or fact common to all the plaintiffs or defendants and)such oinder is not otherwise prescribed by the provisions of the (ules on urisdiction and venue. Se!$es o( T!*ns+*t$ons separate dealings with the parties but all of which dealings are directly connected with the same type of subect matter of the suit. #arties to an ActionQ. Who can be parties to an action? A . $nly natural persons or persons with udicial personality or entities authoriGed by law. Q . 's it enough that a person is a natural person or uridical person to entitle him to sue and be sued? A . /o. 't is necessary that the party, natural or udicial be li+ewise a party in interest. %here the person who sues is not the real party in interest, or where the party sued is not the real party in interest, the complaint or suit cannot be maintained. Q. Who is considered a real party in interest? A. 't is defined in 3ec. 2 0ule % Sec. 2 Rule A real party in interest is the party who stands to be benefited or injured by the judgment in the suit. A real party in interest is the one who is benefited by the udgment. -e is one who may be preudiced by the udgment or it is he who may avail of the
