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Crystal Joy M.

Malizon
JD 2
Civil Procedure – Atty. Tranquil Salvador III
a. What is joinder of causes of action?
According to Section 5, Rule 2 of Rules of Court, joinder of causes of action is the
assertion of as many as cause of action as a party may have against another in one pleading.
It is the process of uniting of two or more demands or rights of action in one action, the
statement of more than one cause of action in a declaration. (Ada v. Ylon, G.R No, 182435,
August 13, 2012)

b. Distinguish necessary party from indispensable party?


The general rule with reference to the making of parties in a civil action requires
the joinder of all necessary parties wherever possible, and the joinder of all indispensable
parties under any and all conditions, the presence of those latter being a sine qua non of the
exercise of judicial power. (Borlasa v. Polistico G.R. No. L-22909, January 28, 1925)
The court cannot proceed without the indispensable party, because his interest will
be affected by the court’s action in the litigation and without whom no final determination
of the case can be had. (Section 7, Rule 3 of the Rules of Court.) On the other hand, the
court does not require the presence of necessary party because the latter’s interest in the
controversy or subject matter is separable from that of the indispensable party and will not
necessarily be prejudiced by judgment which does complete justice in court. (BA Finance
Corporation v. Reyes, G.R No. 102998, July 5, 1996)

c. What are kinds of substitution? Explain each kind.


1. Upon the death of the party. Section 16, Rule 3 provides that upon receipt of
the notice of death, 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 of the deceased, named in the information given by the counsel,
to appear and be substituted for the deceased within 30 days from notice. The
heirs of the deceased may be allowed to be substituted for the deceased, without
requiring the appointment of an executor or administrator and the court may
appoint a guardian ad litem for the minor heirs.
2. Upon the incompetence or incapacity of a party. Section 18, Rule 3 provides in
a case a party becomes incapacitated or incompetent 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.
3. In case of transfer of interest, Section 19, Rule 3 provides that court may direct
the person to whom the interest is transferred to be substituted in the action or
joined with the original party. Transferees are bound by the proceedings and
judgment in the case, such that there is no need for them to be included or
impleaded by name. They are joined or substituted in pending action by
operation of law from the exact moment when the transfer of interest is
perfected between the original party and the transferee. (Cameron Granville 3
Asset Management, Inc. v. Chua, G.R No. 191170, September 14, 2016.)
Crystal Joy M. Malizon
JD 2
Civil Procedure – Atty. Tranquil Salvador III
d. Distinguish Section 16 and Section 20 of Rule 3.
In Section 16, Rule 3, the substitution of the deceased would only be allowed by
the court where the death of the party would not extinguish the action, because substitution
is proper only when the action survives.
While, Section 20 of Rule 3 provides that court will not dismiss a case when the
action is for the recovery of money arising from the contract, and the defendant dies before
entry of final judgment in the court. The case shall be allowed to continue until entry of
final judgment. Since the action is a claim for the money, the judgment for money favorable
to the plaintiff shall be filed as a money claim against the estate of the deceased.

e. What is the difference between venue and jurisdiction?


Jurisdiction refers to the authority of the court to hear and determine a case. Venue
refers to the place where the case is to be heard or tried. Venue has nothing to do with
jurisdiction, except in criminal actions where venue is jurisdictional.
Jurisdiction is a matter of substantive law. Venue is a matter of procedural law,
because it establish a relation between the plaintiff and the defendant and not between the
court and the subject matter.
Jurisdiction cannot be waived by the parties, because it is conferred only by the
Constitution or by the law. Venue may be waived if not invoked either in a motion to
dismiss or in the answer or may be changed by the consent of the parties.
The court may dismiss an action motu proprio in case of lack of jurisdiction over
the subject matter but not for improper venue. (Rudolf Lietz Holdings, Inc v. Registry of
Deeds of Paranaque City, G.R No. 133240, November 15, 2000)
Jurisdiction over the subject matter may be raised at any stage of proceedings since
it is conferred by law, although a party may be barred from raising it on the ground of
estoppel. (Lao v. Republic, G.R. No. 160719, January 23, 2006) On the other hand, the
objection to an improper venue must be raised either in a motion to dismiss or in the answer,
because Section 1,Rule 9 provides defenses and objections not pleaded are deemed waived.

f. Distinguish Verification from certification.


Verification is intended to secure an assurance that the allegations in a pleading are
true and correct and not the product of the imagination or a matter of speculation, and that
the pleading is filed in good faith. On the other hand, Certification constitutes an assurance
given to the court or other tribunal that there are no other pending cases involving basically
the same parties, issues, and causes of action. (Uy v. Court of Appeals, G.R. No. 173186,
September 16, 2015)

g. What is an actionable document? How to deny an actionable document? What are the
exceptions?
Actionable document is an instrument or document on which an action or defense
is founded. When the action is founded upon a document pleaded in the manner required
by Section 7 of Rule 8, the party who has no intent of admitting the genuineness and due
execution of the document, must contest the same by:
a. Specifically denying the genuineness and due execution of the document under oath
b. Setting forth what he claims to be the facts.
Such denial must be coupled with an oath or must be verified.
Crystal Joy M. Malizon
JD 2
Civil Procedure – Atty. Tranquil Salvador III
However, the requirement of a specific denial under oath will not apply in either of
the following cases:
a. When the adverse party does not appear to be party to the instrument
b. When the compliance with an order for an inspection of the original instrument is
refused.

h. What is the difference between an amendment and a supplement?


Pleadings are amended by adding or striking out an allegation or the name of the party;
or by correcting a mistake in the name of a party or a mistake or inadequate allegation or
description in any other aspect.
On the other hand, supplemental pleadings are those which aver the facts occurring
after the filing of the original pleadings and which are materials to the mature claims and/or
defenses therein alleged. It should only supply deficiencies in aid of an original complaint.