Chapter III

ACTIONS, CAUSES OF ACTION, AND PARTIES

I.
ACTIONS
Definition
- legal and formal demand of ones right/ from another person/ made and insisted
upon/ in a court of justice
Civil actions and criminal actions
-

CIVIL ACTION
one which by a party sues another/
for the enforcement/ or protection of
a right/, or the prevention/ or
redress of a wrong
Purpose: primarily compensatory or
remedial

CRIMINAL ACTION
one by which the State/ prosecutes
a person/ for an act or omission
punishable by law
primarily punishment

Actions distinguished from special proceedings (Bar 1998; 1996)

- Special Proceeding: to establish a status, right, or a particular fact (SRP)
The special proceedings under the Rules of Court; application of rules in ordinary
civil actions
- see Sec. 1, Rule 72
- suppletory application
Special civil actions in the Rules of Court (IDR-C-QEF-P-FC)
1. Interpleader;
2. Declaratory relief and similar remedies;
3. Review of judgments and final orders or resolutions of the Commission on
Elections and the Commission on Audit;
4. Certiorari, prohibition, and mandamus (CPM);
5. Quo warranto;
6. Expropriation;
7. Foreclosure of real estate mortgage;
8. Partition;
9. Forcible entry and unlawful detainer;
10. Contempt.
Real and personal actions (Bar 2006; 2004)
1. Real- when it affects title to/ or possession of real property,/ or an interest
therein
Examples: (1) actions for unlawful detainer; (2) forcible entry; (3) accion
publiciana; (4) accion reinvindicatoria; (5) to quiet title; or (6) to remove a cloud on a title
to real actions
2. x x x when it is founded upon the privity of real estate
3. the property in litigation must involve any of the following issues (TOP-P-FI): (1)
title to; (2) ownership; (3) possession; (4) partition; (5) foreclosure of mortgage; or (6)
any interest in real property
4. an action for damages to real property- personal action
5. action to recover possession of real property plus damages- real action
- The rule on venue in real actions shall be applied even if the recovery of
damages is coupled with the recovery of possession of the realty.
- An action to recover possession of personal property is a personal action.
6. an action for a declaration of the nullity of marriage- personal action
7. an action for specific performance with damages- personal action/ as long as it
does not involve a claim of/ or recovery of ownership of/ or title to real propery

8. Where a complaint is denominated as one for specific performance/ but

nonetheless prays for the issuance of a deed of sale/ for a parcel of land- real action
9. Where the action is denominated as one for specific performance/ but the
plaintiff actually seeks for the issuance of a deed of assignment in his favor/ of certain
shares of stocks/ to regain ownership and possession of said shares- personal action
for the recovery of property
10. execution of a deed of sale- personal action
11. return possession of the hacienda- to recover possession of real property
12. action to annul or rescind a sale of real property- real action provided that its
fundamental and prime objective is the recovery of a real property
13. annul the cancellation of the award- personal action; Rationale- The nature of
the action is one to compel the recognition of the validity of the previous award/ by
seeking a declaration that the cancellation is null and void
14. action to foreclose a REM- real action
15. action to compel the mortgagee to accept payment of the mortgage debt/ and
to release the mortgage- personal action; XPN- if this relief is merely to establish
plaintiffs title to real property
16. action to annul a contract of loan/ and its accessory REM- personal action
17. personal action: (1) recovery of personal property; (2) enforcement of a
contract; or (3) recovery of damages
18. if the sale is fictitious, the action cannot be an action for annulment of sale,
rather one for the recovery of a fishpond, a real action
Significance of the distinction between a personal and a real action
- (1) a determination whether the action is real or personal; and (2) an application
of the rules on venue under Rule 4, Rules of Court
- action to annul sale of a land: real action
- action for recovery of possession of the leased premises/ and for the payment of
accrued rentals: real action
In personam and in rem actions (Bar 1994; 2009)
- classification of actions according to the object of the action
In Personam
In Rem
- a proceeding to enforce personal
rights and obligations/ brought against a
person/ and is based on the jurisdiction of
the person,/ although it may involve his
right to,/ or the exercise of ownership of,/
specific property,/ or seek to compel him to
control/ or dispose of it/ in accordance with
the mandate of the court
- Purpose: to impose through the
judgment of a court,/ some responsibility
or liability/ directly upon the person of the
defendant
- Examples: (1) an action for a sum
of money; (2) an action for damages
- directed to a particular person
- one brought against the whole world
- an action against a person on the
- an action against the thing itself
basis of his personal liability
- Actions for recovery of real property Example: action for declaration of nullity of
are in personam.
a marriage- personal action but in rem;
Rationale- the issue of the status of a
Example: action for ejectment- real action person is one directed against the whole
but action in personam
world
(1) action for damages; and (2) action for Probate of a will; land registration

injunction- both personal action and action proceeding

in personam
- action for specific performance;
action for reconveyance; auction sale of
land for the collection of delinquent taxesnotice of tax delinquency must be send
directly to the taxpayer
Quasi in rem actions
- one wherein an individual is named as defendant/ and the purpose of the
proceeding/ is to subject his interest therein/ to the obligation or lien/ burdening the
property
- Object: sale or disposition of the property/ by attachment, foreclosure or any
other form of remedy
- one brought against persons/ seeking to subject the property/ of such persons to
the discharge of the claims assailed
- Examples: (1) action for partition; (2) action for accounting; (3) attachment; (4)
foreclosure of mortgage
- #3 and #4 jurisdiction over the person of the non-resident defendant is not
essential; service of summons on a non-resident defendant who is not found in the
country is required, not for the purpose of physically acquiring jurisdiction over his
person/ but simply in pursuance of the requirements of fair play
Significance of distinction between actions in rem, in personam and quasi in rem
- (1) to determine whether or not jurisdiction over the person of the defendant is
required; and (2) to determine the type of the summons to be employed
- In an action for specific performance against a non-resident/ who does not reside
in the Philippines,/ summons by publication will not enable the court/ to acquire
jurisdiction over him.
In Personam
- an action against a
person on the basis of his
personal liability

In Rem
- an action against the
thing itself/ instead of
against the person

- jurisdiction over the

person of the defendant/ is
necessary for the court/ to
validly try and decide case

- jurisdiction over the

person of the defendant/ is
not a pre-requisite to
confer jurisdiction on the
court provided that the
court acquires jurisdiction
over the res is acquired
either (1) by the seizure of
the property/ under legal
process,/ whereby it is
brought into actual custody
of law; or (2) as a result of
the institution of legal
proceedings,/ in which the
power of the court is
recognized/ and made
effective
Nonetheless,

summons

Quasi in rem
- one
wherein
an
individual/ is named as
defendant/
and
the
purpose of the proceeding/
is to subject his interest
therein/ to the obligation or
lien burdening the property
- same as in rem

must be served upon the

defendant/ not for the
purpose of vesting the court
with jurisdiction/ but merely
for satisfying due the due
process requirements.
When summons by publication may be made in an action in personam
1. if the identity of the defendant is unknown/ or whose whereabouts are unknown
2. if the resident defendant is temporarily/ out of the country
II.

CAUSE OF ACTION (Rule 2)

Meaning
- the act or omission/ by which a party/ violates the rights of another
When cause of action is required
- Every ordinary civil action must be based on a cause of action.
Elements of a cause of action (ROA)
1. A right in favor/ of the plaintiff/ by whatever means/ and under whatever law it
arises/ or is created.
2. An obligation/ on the part of the named defendant/ to respect/ or not to violate
such right.
3. An act or omission/ on the part of such defendant/ in violation of the right of the
plaintiff/ or constituting a breach of the obligation of the defendant/ to the plaintiff/ for
which the latter/ may maintain an action for recovery of damages/ or other appropriate
relief.
Cause of action as applied to administrative cases
- whether the respondent has breached the norms and standards of the office
Cause of action based on contracts
1. A cause of action for breach of contract does not require the allegation and
proof of the negligence of the defendant.
2. A cause of action based on breach of contract merely requires the following
elements: (1) the existence of a contract, and (2) the breach of the contract.
3. The mere proof the existence of the contract/ and the failure of its compliance/
justify,/ prima facie,/ a corresponding right of relief.
4. If a carrier is sued based on a breach of contract of carriage,/ negligence need
not be proved by the plaintiff,/ negligence not being an element of the cause of action of
a suit/ predicated upon a breach of contract of carriage.
Cause of action based on the vicarious liability of an employer
- Negligence as an element of a quasi-delict must be alleged and proved.
- The negligence of the following persons described under Article 2180 of the Civil
Code, although based on a quasi-delict, is presumed:
1. father, mother, guardian;
2. owners and managers pf an establishment or enterprise;
3. employers;
The employers negligence in the selection and supervision of his
employee is presumed/ and his liability shall only cease/ if he successfully
proves his observance of the diligence required/ of a good father of a family/ to
prevent damage.
The liability of the employer is direct and immediate and is not
conditioned upon a prior recourse against the negligent employee/ and a
prior showing of the insolvency of such employee.

4. the State; and

5. teachers or heads of establishments of arts and trades
Cause of action for sum of money based on a promissory note
- obligation with a period; hence the debtor cannot be charged before the due date
unless he loses the right to make use of the period
Cause of action for unlawful detainer
the cause of action does not accrue unless there is a demand to vacate and is
not complied with
if however, the suit is based on the expiration of the lease, notice and demand
are not required
to pay and vacate, to comply and vacate
Elements (PIDO):
1. initially, possession of property/ by the defendant was by contract with/ or by
tolerance of the plaintiff;
2. eventually, such possession becomes illegal/ upon notice by plaintiff to
defendant/ of the termination of the latters right to possession;
3. thereafter, the defendant remained in possession of the property/ and deprived
the plaintiff of the enjoyment thereof; and
4. within one year from the last demand in defendant/ to vacate the property,/ the
plaintiff instituted the complaint for ejectment
-when and how the entry into the property/ was made by the defendants/ applies
only when the issue is the timelines of the filing of the complaint before the MTC
Cause of action for forcible entry
FORCIBLE ENTRY
- if the entry is illegal, then the action
which may be filed against the intruder
- the plaintiff must allege in the
complaint, and prove, that he was in prior
physical possession of the property in
dispute/ until he was deprived thereof/ by
the defendant by force, intimidation,
strategy, threat and stealth

UNLAWFUL DETAINER
- if the entry is legal but the
possession thereafter becomes illegal
- the above allegations are not
required in an unlawful detainer case,
instead, there must be an allegation in the
complaint/ of how the possession of
defendant started or continued,/ that is,/
by virtue of lease or any contract,/ and the
defendant holds possession of the land or
building/
after
the
expiration
or
termination/ of the right to hold possession
by virtue of any contract, express or
implied

Cause of action for malicious prosecution

1. the prosecution did occur, and the defendant was himself the prosecutor/ or
that he instigated its commencement;
2. the criminal action/ finally ended with an acquittal;
3. in bringing the action,/ the prosecutor acted without probable cause; and
4. the prosecution was impelled by legal malice
- gravamen: the deliberate initiation of an action/ with the knowledge/ that the
charges were false and groundless

Cause of Action in environmental cases

- the complaint shall state that (1) it is an environmental case, and (2) the law
involved

Action distinguished from a cause of action (Bar 1999)

- An action is the suit filed in court/ for the enforcement or protection of a right,/ or
the prevention/ or redress of a wrong.
- A cause of action is the basis of the civil action filed.
Failure to state a cause of action (pleading asserting the claim states no cause of
action)
- It means that the plaintiffs allegations are insufficient/ for the court to know that
the rights of the plaintiff/ were violated by the defendant.
Test to determine when pleading asserting the claim states no cause of action
- whether, assuming that the allegations of fact in the complaint to be true,/ a valid
judgment could be rendered in accordance with the prayer stated therein
The matters outside the pleading are not to be considered in granting or
denying the motion to dismiss.
Effect of a finding that the complaint states a cause of action
- shall only result in the reinstatement of the complaint/ and the hearing of a case/
for the presentation of evidence by the parties
- here, the claiming party has the obligation/ to offer evidence/ to support the
allegations/ constituting the elements of his cause of action
Failure to state a cause of action/ and lack of a cause of action; failure to
establish a cause of action
FAILURE TO STATE A CAUSE OF
ACTION
- insufficiency in the allegations of the
complaint

- raised in a motion to dismiss under

Rule 16/ before a responsive pleading is
filed/ and can be determined only from the
allegations of the pleading

ABSENCE OR LACK OF CAUSE OF

ACTION
- failure to prove or establish by
evidence/ ones stated cause of action
- insufficiency of evidence
- on the ground that the plaintiff has
no right to the relief sought
- raised in a demurrer to evidence
under Rule 33/ after the plaintiff has
rested his case/ and can be resolved only
on the basis of the evidence he has
presented/ in support of his claim

Failure to establish a cause of action

- if there is a sufficiency of the allegations in the pleading/ but the evidence
presented do not prove a cause of action
Test of the sufficiency of the statement of a cause of action
- whether or not admitting the facts alleged,/ the court could render a valid verdict/
in accordance with the prayer of the complaint
Allegations of the complaint/ determine whether or not the complaint states a
cause of action
- The court may consider in addition to the complaint/ the appended annexes or
documents,/ other than the pleadings of the plaintiff,/ or admission in the records.
Rationale: Such annexes are considered part of the complaint.
- see the case of Alberto v. Court of Appeals, 334 SCRA 756, 768-769: The
responsive pleadings, in addition, though not attachments to the complaint, clarify its
merits since they are already part of the records of the case/ and should therefore be
considered.
Importance of the allegations of the complaint

see pp. 213-215

Splitting a single cause of action (Bar 1996; 1999; 2005)

- the act of instituting two or more suits/ for the same cause of action
- In splitting a cause of action, the pleader divides a single cause of action, claim
or demand (AC-D) into two or more parts/ and brings a suit for one of such parts/ with
the intent to reserve the rest/ for another separate action.
Prohibition against splitting a single cause of action
- Sec. 3, Rule 2 of the Rules of Court: A party may not institute more than one suit/
for a single cause of action.
- Rationale (B-CLOG): (1) breeds multiplicity of suits; (2) clogs the court dockets;
(3) leads to vexatious litigation; (4) operates as an instrument of harassment; and (5)
generates unnecessary expenses to the parties.
- A cause of action for the reconveyance of title over property/ does not include a
cause of action for forcible entry/ or unlawful detainer. Rationale: What is involved in an
ejectment case is possession de facto or material possession. In action for
reconveyance, the issue is ownership.
- An action for the reconveyance of taxes/ should also include the demand for
surcharges/ resulting from the delinquency in the payment of said taxes.
- Civil collection of the debt and action to foreclose the mortgage cannot be
splitted.
The three tests to ascertain/ whether two suits/ relate to a single or common
cause of action (ED-C)
1. Whether the same evidence would support/ and sustain/ both the first and
second causes of action (also known as the same evidence test);
2. Whether the defenses in one case/ may be used to substantiate the complaint
in the other;
3. Whether the cause of action in the second case/ existed at the time of the filing
of the complaint.
- see the case of Umale v. Canoga Park Development Corporation, 654 SCRA
155, G.R. No. 167246, July 20, 2011: The facts clearly show that the filing of the first
ejectment case was grounded on the petitioners violation of stipulations in the lease
contract,/ while the filing of the second case was based on the expiration of the lease of
contract. 3rd test is applicable.
Anticipatory breach
- General Rule: Divisible obligation authorizes successive actions and a judgment
recovered for a single breach/ does not bar a suit for a subsequent breach; Exception: If
the obligor manifests an unqualified and positive refusal to perform a contract,/ though
the performance of the same is not yet due,/ and the renunciation goes to the whole
contract,/ it may be treated as a complete breach/ which will entitle the injured party to
bring his action at once.

In this case, there can only be one action/ and the plaintiff must recover all
his damages therein.
Effect of splitting a single cause of action (Bar 1998; 1999)
- Sec. 4, Rule 2 of the Rules of Court: If two or more suits are instituted for a single
cause of action,/ the filing of one/ or a judgment upon the merits in any one/ is
available as a ground for dismissal of the others.
- litis pendentia: if the first action is pending/ when the second action is filed; res
judicata: if a final judgment had been rendered in the first action/ when the second
action is filed
Joinder of causes of action (Bar 1996; 1999; 2000; 2005; 2011)

- the assertion of as many causes of action/ as a party may have/ against another/
in one pleading alone
- merely permissive
- Totality test for purposes of jurisdiction: when the claims in all causes of
action/ are principally for the recovery of money,/ the aggregate amount claimed shall
be the test of jurisdiction
- The joinder does not include special civil actions/ or actions governed by special
rules.
- When there are two or more defendants,/ or two or more plaintiffs,/ the causes of
action against the defendants can only be joined/ if there is a compliance with the rules
on joinder of parties (RSQ).
1. a right to relief/ exists in favor of or against several persons,/ whether jointly,/
severally,/ or in the alternative;
2. the right to relief arises out of the same transaction/ or series of transactions;
and
3. there exists a question of law or fact common to all such plaintiffs or to all such
defendants
Joinder of claims in small claims cases
- The plaintiff may join in a single statement of claim/ one or more separate small
claims/ against a defendant/ provided the total amount claimed,/ exclusive of interests
and costs, does not exceed P100,00.00.
Remedy in case of misjoinder actions
- Misjoinder is not a ground for the dismissal of an action.
- A misjoined cause of action, may, on a motion of a party,/ or on the initiative of
the court,/ be severed and proceeded with separately.
III.

PARTIES (Rule 3)

Parties to a civil action

1. Plaintiff- the claiming party/ or more appropriately,/ the original claiming party/
and is the one who files the complaint; it may also apply to a defendant/ who files a
counterclaim, a cross-claim or a third-party complaint.
2. Defendant- does not only refer to the original defending party; refers also to a
defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.)- party
defendant
Who may be parties (NJE)
1. Natural persons;
2. Juridical persons; and
3. Entities authorized by law.
Juridical persons as parties
1. The State and its political subdivisions;
2. Other corporations, institutions and entities for public interest or purpose,
created by law; and
3. Corporations, partnerships and associations (CPA) for private interest or
purpose/ to which the law grants a juridical personality,/ separate and distinct from that
of each shareholder, partner or member (SPM)
Entities authorized by law to be parties
1. corporation by estoppel;
2. contract of partnership having a capital of P3,000.00 or more but which fails to
comply with the registration requirements;
3. estate of a decease person;

4. legitimate labor organization;

5. Roman Catholic Church;
6. dissolved corporation- provided the suits (1) occur within 3 years after its
dissolution, and (2) the suits are in connection with the settlement/ and closure of
its affairs
Entity without a juridical personality as a defendant
- they may be sued under the name by which they are generally or commonly
known
- The responsive pleading of the entity sued/ must disclose the names and
addresses of its members/ since they are the persons ultimately liable to the plaintiff.
Effect when a party impleaded is not authorized by a party
- Where the plaintiff is not a natural or juridical person or an entity authorized by
law, MTD may be filed on the ground that the plaintiff has no legal capacity to sue
- When it is the defendant who is not a natural or juridical person or an entity
authorized by law, the complaint may be dismissed on the ground that the (1) pleading
asserting the claim states no cause of action; or (2) failure to state a cause of action.
Averment of capacity to sue or be sued (CAL)
1. capacity of a party to sue or be sued;
2. authority of a party to be sued in a representative capacity; or
3. legal existence of an organized association of persons
A minor or an incompetent party
- may sue or be sued
- He can be a party but with the assistance of his (1) father, (2) mother, (3)
guardian, or if he has none, (4) a guardian ad litem
Real party in interest (Bar 1988; 1989)
- 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
- the interest must be real- substantial, material and direct
Plaintiff in environmental cases
- Any real party in interest,/ including the government and juridical entities
authorized by law,/ may file a civil action/ involving the enforcement or violation/ of any
environmental law.
Grounds for dismissal when a party is not the real party in interest
- that the pleading asserting the claim states no cause of action
Prosecution/defense of an action in the name of the real party-in- interest
- Every action must be prosecuted and defended in the name of the real party-ininterest unless otherwise authorized by law or by the Rules.
Representative parties (GATE)
1. a guardian;
2. a party authorized by law or by the Rules;
3. a trustee of an express trust;
4. an executor or administrator
- The beneficiary shall be included in the title of the case/ and shall be deemed to
be the real party-in-interest.
Suit by an agent

- When an agent acts in his own name/ and for the benefit of an undisclosed
principal,/ he may sue or be sued/ without joining the principal.
- The principal however,/ should be joined/ when the contract involves things/
belonging to the principal.
Citizen suit under the Rules of Procedure for Environmental Cases
- may be filed by any Filipino citizen in representation of others, including minors
or generations yet unborn/ to enforce rights or obligations/ under environmental laws
- Contents of the order of the court: (1) a brief description of the cause of action;
(b) a brief description of the reliefs prayed for; and (3) an order requiring all interested
parties to manifest their interest/ to intervene in the case/ within 15 days from notice
thereof.
- The plaintiff may publish the order once/ in a newspaper of general circulation in
the Philippines/ or furnish all affected barangays/ copies of said order.
Failed to include the name of a party in the pleading
- If the body indicates the defendant as a party to the action, his omission in the
title is not fatal.
Rule on standing as distinguished from the concept of real-party-in-interest
- Locus standi is a right of appearance/ in a court of justice/ on a given question.
Indispensable parties (Bar 1996)
- a real party-in-interest/ without whom no final determination/ can be had of an
action
- The joinder of indispensable parties/ is mandatory/ and courts cannot proceed/
without their presence.
Compulsory joinder of indispensable parties
- The presence of all indispensable parties is a condition sine qua non for the
exercise of a judicial power.
Dismissal for failure to implead an indispensable party (Bar 2010)
- The absence of indispensable parties/ renders all subsequent actions of the trial
court/ null and void for want of authority to act, not only as to the absent parties but
even as to those present.
- Non-joinder (or misjoinder of parties) is not a ground for the dismissal of an
action; Remedy: the parties may be dropped or added by the court/ on motion of any
party/ or on its own initiative/ at any stage of the action/ and on such terms as are just.

When the order of the court to implead the indispensable party is

unheeded that the case may be dismissed (Rule 17, Sec. 3).
- see the case of Pamplona Plantation Co. v. Tinghil, 450 SCRA 421, 433: If the
plaintiff refuses to implead an indispensable party/ despite the order of the court,/ that
court may dismiss the complaint/ for the plaintiffs failure to comply with the order.
- see the case of Uy v. Court of Appeals, 494 SCRA 535, 545: Whenever it
appears to the court/ in the course of a proceeding/ that an indispensable party has not
been joined,/ it is the duty of the court (1) to stop the trial and (2) to order the inclusion
of such party.
Necessary parties
- one who is not indispensable/ but who ought to be joined as a party/ if complete
relief is to be accorded as to those already parties,/ or for complete determination or
settlement of the claim/ subject of the action
Distinction between an indispensable and necessary party
INDISPENSABLE PARTY
- must be joined under any and all

NECESSARY PARTY
should be joined whenever possible

conditions
Duty of pleader if necessary party is not joined; effect (Bar 1998)
- Whenever in any pleading/ in which a claim is asserted,/ a necessary party is not
joined,/ the pleader (1) shall set forth the name of the necessary party, if his name is
known, and (2) shall state why such party is omitted.
When court may order joinder of a necessary party (Bar 1998)
- If the reason given for the non-joinder of the necessary party/ is found by the
court to be unmeritorious,/ it may order the pleader to join the omitted party/ if
jurisdiction over his person may be obtained.
Effect of failure to comply with the order of the court (Bar 1998; 2011)
- The failure to comply with the order of the court/ to include a necessary party,/
without justifiable cause,/ shall be deemed a waiver of the claim against such party.
Effect of a justified non-inclusion of a necessary party (Bar 1998)
1. does not prevent the court from proceeding in the action; and
2. the judgment rendered therein/ shall be without prejudice to the rights of such
necessary party
- Solidarity does not make a solidary obligor an indispensable party/ in a suit filed
by the creditor/ against another solidary debtor.
- A transferee of a property pendete lite is not an indispensable party,/ as it would
in any event be bound by the judgment against his predecessor.
- The person whose right to the office is challenged as an indispensable party. No
action can proceed unless he is joined.
- In an action for reconveyance of a property,/ the persons against whom
reconveyance is asserted are indispensable parties.
Unwilling co-plaintiff
- a party who is supposed to be a plaintiff/ but whose consent to be joined as a
plaintiff cannot be obtained/ as when he refuses to be a party to the action
- (1) may be made a defendant, and (2) the reason therefor shall be stated in the
complaint
Alternative defendants (Bar 2011)
- Sec. 13 of Rule 3: 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 relief against the other.
Misjoinder and non-joinder of parties (Bar 2009; 2010)
- misjoined: when he is made a party to the action/ although he should not be
impleaded; not joined: when he is supposed to be joined/ but is not impleaded in the
action
- Neither misjoinder nor non-joinder of parties/ is a ground for the dismissal of an
action. Parties may be dropped or added by order of the court/ on motion of any party/
or on its own initiative/ at any stage of the action/ and on such terms as are just. If there
is any claim against a party misjoined,/ the same may be severed and proceeded with
separately.
- Misjoinder of parties/ does not involve questions of jurisdiction/ and not a ground
for dismissal.
Unknown identity or name of the defendant
- whenever the identity or name of the defendant is unknown,/ he may be sued as
the (1) unknown owner (2) heir, (3) devisee, or (4) by such other designation as the
case may require

- when his identity or true name is discovered,/ the pleading must be amended
accordingly
Effect of death of a party/ on the attorney-client relationship
- The death of the client extinguishes the attorney-client relationship/ and divests a
counsel of his authority to represent the client. Neither does he become the counsel of
the heirs of the deceased unless his services are engaged by said heirs
Duty of counsel upon the death of his client
1. to inform the court of such fact within 30 days after such death
2. to give the name and address of the legal representative of the deceased
Action of court upon notice of death; effect of death on the case (Bar 2009)
- the court shall determine whether or not the claim is extinguished by such death
- If the claim survives, the court shall order the legal representative/s of the
deceased/ to appear/ and be substituted for the deceased/ within 30 days from notice.
Substitution is proper only when the action survives.
- The heir of the deceased may be allowed to be substituted for the deceased.
- The court may order the opposing party/ to procure the appointment of an
executor or administrator for the estate of the deceased/ in the following situations: (1)
the counsel for the deceased does not name a legal representative, or (2) there is a
representative named/ but he fails to appear within the specified period.
When there is no need to procure an executor or administrator
- The heirs do not need to first secure the appointment/ of an administrator of the
estate of the deceased/ because from the very moment of death,/ they stepped into the
shoes of the deceased/ and acquired his rights as devisee/legatee.
No requirement for service of summons
- It is the order of substitution and its service that are the initial steps towards the
substitution of the deceased by his representative or heir.
Purpose and importance of substitution of the deceased
- the protection of the right of every party to due process
- Formal substitution is not necessary/ when the heirs themselves voluntarily
(APP) appeared in the action,/ participated therein/ and presented evidence in defense
of deceased defendants.
Examples of actions which survive the death of a party (Bar 2011)
1. actions to recover real and personal property/ from the estate;
2. actions to enforce a lien thereon; and
3. actions to recover damages/ for an injury to person or property (RED)
- The action to recover damages arising from delicts also survive.
- An action for quieting of title with damages/ is an action involving real property. It
survives/ and the claim is not extinguished by the death of a party.
- Actions for the recovery of money,/ arising from a contract/ express or implied/
are not extinguished by the death of the defendant.
- If the action does not survive, the proper action of the court/ is to simply dismiss
the case. It follows then that substitution will not be required.

Actions for the recovery of money on contractual claims

- When the action is for the recovery of money/ arising from contract,/ express or
implied,/ and the defendant dies before entry of final judgment in the court/ in which the
action was pending at the time of such death,/ the court shall not dismiss the suit. The
case shall be allowed to continue until entry of final judgment.

- The prevailing plaintiff is not supposed to file a motion for the issuance an order/
and writ of execution of the judgment.
- The judgment favorable to the plaintiff shall be filed as a money claim/ against
the estate of the decedent.
Incompetency or incapacity of a party/ during the pendency of the action
- the court, upon motion with notice,/ may allow the action to be continued by/ or
against the incompetent or incapacitated party/ with the assistance of his legal guardian/
or guardian ad litem
Transfer of interest
- the action may be continued by/ or against the original party,/ unless the court/
upon motion/ directs the person/ to whom the interest is transferred/ to be substituted
in the action/ or joined with the original party
Indigent parties
- if the court is satisfied/ that the party is one who has no money or property/
sufficient and available for food, shelter and basic necessities for himself/ and his family
- made ex parte
- If one is authorized to litigate as an indigent,/ such authority shall include an
exemption from the payment of (1) docket fees, (b) other lawful fees, and (3) transcripts
of stenographic notes,/ which the court may order to be furnished him.
- However, the amount of the docket and other lawful fees,/ which the indigent was
exempt from paying,/ shall be lien on the judgment rendered/ in the case favorable to
the indigent.
A lien on the judgment shall not arise/ if the court provides otherwise.
- Any adverse party may contest the grant of the authority to a party/ to litigate as
an indigent.
- If the court should determine that the party declared/ as an indigent/ is in fact a
person with sufficient income and property,/ the proper docket and lawful fees/ shall be
assessed and collected by the clerk of court.
The determination of the court/ on whether or not the grant of the earlier
authority is proper/ is to be made after hearing, not ex parte.
Role of the Solicitor General
- Only the Solicitor General/ can bring and defend actions on behalf of the
Republic of the Philippines/ and that actions filed in the name of the Republic/ or its
agencies and instrumentalities,/ if not initiated by the Solicitor General will be dismissed.
- In any actions involving the validity of any (TOP-ERL) (1) treaty, (2) law, (3)
ordinance, (4) executive order, (5) presidential decree, (6) rules or regulations, the
court, in its discretion,/ may require the appearance of the Solicitor General/ who may
be heard in person/ or through a representative duly designated by him.
- In criminal actions brought before the Court of Appeals/ or the Supreme Court,/
the authority to represent the State/ is solely vested in the OSG.
Suit by or against spouses
- Husband and wife shall sue or be sued jointly except as provided by law.
- Example: when the litigation pertains to an exclusive property of a spouse
- The liability of the spouses to creditors for family expenses shall however, be
solidary.
Class suit; requisites (CIRA)
- A class suit/ is an action/ where one or more/ may sue for the benefit of all/ if the
requisites for said action are complied with.
1. The subject matter of the controversy/ must be of common or general interest/ to
many persons;

2. The persons are so numerous/ that it is impracticable to join all/ as parties;

3. The parties actually before the court/ are sufficiently numerous/ and
representative as to fully protect the interests of all concerned; and
4. The representatives sue or defend/ for the benefit of all.
Commonality of interest in the subject matter
- No class suit in the following cases: (1) damages sustained due to exposure to
toxic wastes and fumes, and (2) action for damages filed by the relatives of the fatalities
in a plane crash.
No class suit when interests are conflicting
- see the case of Ibanes v. Roman Catholic Church, 12 Phil. 227, 241: x x x to
recover possession of a holy image was held not to qualify as a class suit/ because the
plaintiffs did not represent membership of the churches/ they purport to represent/ and
that the interests of the plaintiffs/ conflict with those of the other inhabitants/ who were
opposed to the recovery.
No class suit by a corporation to recover property of its members
- Absent any showing of interests, a corporation has no personality to bring an
action/ for the purpose of recovering property,/ which belongs to the members in their
personal capacities.
- A class suit does not lie/ in actions for the recovery of property/ where several
persons/ claim ownership of their respective portions of property,/ as each one could
allege and prove his respective right in a different way/ for each portion of the land,/ so
that they cannot all be held to have identical title/ through acquisitive prescription.
No class suit to recover real property individually held
- Rationale: the different parties had determinable though undivided interest in the
property in question
No class suit to recover damages for personal reputation
- see the case of Newsweek, Inc. v. Intermediate Appellate Court, 142 SCRA 171,
176-177: Each of the sugar planters has a separate and distinct reputation in the
community not shared by others.
Common or general interest in the environment and natural resources
- see the case of Oposa v. Factoran, 224 SCRA 792, 802-803: Their personality to
sue in behalf of the succeeding generations can only be based on the concept of
intergenerational responsibility insofar as the right to a balanced and healthful
ecology is concerned. Rationale: every generation has a responsibility to the next to
preserve the rhythm and harmony for the full enjoyment of a balanced and healthful
ecology.
Dismissal or compromise of a class suit
- there must be an approval of the court (See Sec. 2, Rule 17 of the Rules of Court