Rule 3: Parties to a Civil Actions, Section 11 to 19

(December 10, 2015)

Sec. 11 Joinder of Parties - not a ground for motion to dismiss. However if the court orders for
the inclusion of an indispensable party, either as party plaintiff or defendant, and it is not
complied with then the court may validly render judgment—the case may be dismissed on the
ground of non-compliance to the order of the court under Rule 17. But if the court proceeded
with the case, then it cannot validly render judgment. Why? Because an indispensable party
needs to be included in the case, otherwise the court cannot validly render judgment. The
judgment shall be null and void because the court does not have jurisdiction over the person
who is indispensable in the case. (Pag notes kamo! Bisan it mga abogado nagkakalipat). The
court may, at any stage of the proceeding may order the inclusion of the party. If there is an
indispensable party you must include otherwise there could be no complete determination of the
case. There could be no complete determination on the issue of a civil case where an
indispensable party is not included.

-if a party shall not be included or a party refuses to be included, your remedy is to file a
motion to dismiss, in fact the court may motu propio move for the dismissal of the case on the
ground of failure to comply with the order of the court (ex meri motu).

-If you are for the plaintiff and a co-plaintiff refuses then you must implead him us
unwilling plaintiff, or execute a special power of attorney authorizing you to represent in behalf
of him

This shall also apply to civil special actions.

Joinder of Cause of Action – do not confuse this with joinder of parties (sorry baga wa gud
hya mag discuss)

Sec. 12 A class suit may be filed. A civil case shall be prosecuted and defended in the name of
real party in interest.

 Common interest –a portion or part may represent a party

If you want to intervene as party-plaintiff/defendant, you must file with leave of court.

Sec. 13 If you are not certain who among the defendants are liable then you may sue them as
an alternative defendants, which is different from a class suit.

Sec. 14 You may also sue a person whose name is unknown as “John Doe”. But the “John
Doe” warrant must be described otherwise your warrant must be dismissed. You must submit a
manifestation describing this “John Doe”, otherwise you cannot validly prosecute him.

Sec. 15 Entity without juridical entity cannot file a case but can be sued.

Sec. 16-17 When an accused dies during the pending of the case, the criminal liability shall be
extinguished but the civil liability shall survive. People VS Bayota, if it is a criminal case, the
criminal and civil liability may be extinguished, arising from ex delicto. But if that civil liability
arises from other sources of obligation, then the civil liability shall survive.

If your client dies, is there still a client-attorney relationship? No the relationship shall be
terminated, except upon the following instances:

1. If there is a contract that the lawyer should continue the case even after the demise of
the party
2. If it is contingent, meaning your attorney’s fees depend on the outcome of the case or
you are appearing with interest—not as a lawyer but as a party, therefore there is no
severance of the client-attorney relationship.

As a general rule, if your client dies there shall be no client-attorney relationship and you cannot
validly represent before the court. Your duty is to inform the court regarding the demise of your
client, because if the court proceeds without notifying and it render judgment, then the court
cannot be defaulted. If that judgment is against your client and he is dead, then the judgment is
null and void because there is no more legal personality of the plaintiff/defendant.

Who will substitute?

1. Legal representative
2. Compulsory heirs

Is there a need to amend the compliant? No more, but you must state that there is substitution.

The court shall procure the names of the substitute so that the court may determine who will be
the executor or administrator, and the case may proceed.

Sec. 18 Declaration of incompetence is not required. You may file a motion or convince the
court—this is both remedy for the plaintiff and defendant.

Guardian ad litem – a guardian only on that particular case, thus the state may be a guardian ad
litem

Sec. 19 Transfer of interest, does it include transfer of rights? Remember your succession,
when a person dies, property rights and obligations are inherited.
Rule 3 Section 21 to Rule 6
(December 11, 2015)

Sec. 21 Nonpayment of docket fee, the court shall have no jurisdiction over the case, being a
condition precedent. All litigants from the PAO are free from all docket fees or legal fees, this
does not apply to them since they do not need to file an application in porma litiges (??) . Upon
the filing of the complaint before the office of the clerk of court, it must be accompanied by a
motion to litigate as pauper litigant; you file that before the executive judge. If it is with merit, the
executive judge may approve the motion.

The legal fees shall constitute as a lien in the award of damages, if a favorable judgment shall
be rendered to him.

Sec. 22 The Solicitor General is the legal counsel of the Rep. of the Philippines, while the DOJ
Secretary is the legal adviser of the Rep. of the Philippines. The SolGen is not under the office
of the DOJ, although in administrative law they are in the same department.

RULE 4: Venue of Actions

Sec. 1 Venue in civil cases is not jurisdictional, meaning it can be stipulated by the parties.
Venue in criminal cases goes with locus crimines or the place where the crime is committed
which determines the jurisdiction of the court—unless you file a petition to the Supreme Court
for change of venue (grounds: miscarriage of justice, etc)

Venue- the place where the case is to be tried.

-procedural
-can be a subject
-establish the relationship between the party litigants

Jurisdiction- the power to try and decide a case

-substantive law
-cannot be stipulated by the parties, exception: jurisdiction by estoppel (as a matter of
equity)
-establish the relationship of the court and the parties

When the venue is improperly laid, it can be a ground for a motion to dismiss. Can it be
dismissed motu propio? At the instance of the court?
Yes, under the summary rules the court, upon the filing of the complaint, may dismiss
the case motu propio on any of the grounds of motion to dismiss.

Sec. 2 In personal actions, you have the choice or at the election of the party chose the venue.
In real actions, the venue is where the property is located or any portion thereof, including
unlawful detainer and forcible entry.

Sec. 3 Personal status of the plaintiff, case must be filed at the address or last known address
of the plaintiff or respondents within six months from the filing of the case.
Sec. 4 Agreement between the parties on the filing of the case- Polytrade Doctrine, the SC
ruled that in the absence of any exclusive or mandatory words the agreement is only permissive
thus it does not bind the parties; therefore the case may be filed at the address of the
plaintiff/defendant. However if there is exclusive and mandatory stipulation, meaning at the
exclusion of other venues, the parties are bound to that agreement.

When does Rule 4 do not apply?

1. When the rules specifically provide, and
2. Upon the agreement of the parties

In Criminal cases, when does venue do not apply?

1. Cases filed in the Sandiganbayan

RULE 5: Uniform Procedures in Trial Courts

Sec. 1 Uniformity of the rules – Exceptions: if there are specific rules provided, under summary
procedures, and the SC is not a trial court

Is there summary procedure in the RTC? Yes, the Family courts

Is the RTC, when on appeal, bound to the summary procedures of a summary proceeding tried
by the lower courts?
No, the SC ruled that regular proceedings must be observed.

RULE 6: Kinds of Pleadings

Sec. 1 Motion and pleading are not the same.

Motion- an application for relief other than a pleading. When the complaint has been amended
and the defects have already been cured, the motion becomes moot and academic. Since it has
already been rectified, the court will ultimately dismiss the motion.

Pleading- is a direct statement of the claims and defenses of the parties submitted to the court
for appropriate judgment. It may be cured by an amendment, as a matter of right.
RULE 6 Section 2 to
(December 12, 2015)

Sec. 2. 2 kinds of pleadings: One where you set up your claims (Complaint) and one where you
set your defenses (Counter-claim)

Answer is where you set out your defenses.

Reply is your reply to the Answer—it is not mandatory, except on matters arising from an
actionable document. Absence of a reply, the presumption is that new matters raised therein are
deemed controverted.

Sec. 3 Complaint is the pleading wherein the plaintiff alleges his cause/s of action.

Sec. 4 Responsive Pleading can be an Answer or a Reply

If there is a counter-claim set forth by the defendant, the complainant now becomes the
defendant of that counter-claim, therefore he (plaintiff) must answer otherwise he can be
declared in default. However if it is a compulsory counter-claim, arising from the same
issue/transaction, there is no longer a necessity. Issues not answered are deemed admitted.

Sec. 5 Kinds of Defenses:

Negative Defenses- specific denial

Affirmative Defenses- you admit with qualifications, you interpose a defense to bar recovery.
Burden of proof is shifted to you, to prove your defenses.

Admission made in the complaint, in the pleading, in the motion or in judicial admission in the
court, there is no need of other proof.

You can use the grounds to dismiss as an affirmative defense.

What is the effect when you interpose the grounds to dismiss in your affirmative defenses?
It is as if a timely motion to dismiss has been filed.

What is the difference in filing a motion to dismiss from interposing grounds for motion to
dismiss in your answer as affirmative defenses?
When you file a motion to dismiss, the court cannot say “no hearing”, it is not
discretionary upon the court, except when you did not comply with the rule on motion in Rule 15.
But if it is an affirmative defense, the court has the discretion whether to hear your affirmative
defenses.

When a motion to dismiss is set as affirmative defenses, the remedy is to file a motion to set
case for hearing of that affirmative defense before pre-trial or ex parte motion to set case for
hearing.
If the affirmative defenses ARE OTHER THAN in Rule 16, you cannot ask the court to conduct a
preliminary hearing. Preliminary hearing for the affirmative defenses set forth is only applicable
when the affirmative defenses are those grounds for a motion to dismiss.

Sec. 6 A counter-claim can be raised against an original counter-claimant. A counter-claim is a

separate pleading and a separate cause of action, and is apart from your Answer, even though
it is interposed in your Answer.

Complaint must only be contained by evidentiary facts and not by ultimate facts.

Counter-claim and cross-claim since they are independent, it still has docket fees, thus
nonpayment of its docket fee, the court loses jurisdiction over the case.

2 kinds of Counter-claims:
Compulsory Counter-claim is which arises from the same transactions or occurrence which is
the subject of litigation. If it is not set-up in the Answer, it is deemed waived.
- No need for a separate action since it can be included in the Answer

Permissive Counter-claim there is a need for adjudication in a separate action.

- Even if it is not set-up or interposed, it is not deemed part because there is the
necessity to implead a third person which the court has no jurisdiction.

Sec. 7 All counter-claims in the RTC are considered compulsory regardless of the amount.

RULE 7: Parts of the Pleading

Parts of the Pleading:

1. Caption- the name of the court, title, name of the parties

2. Body- where you allege your cause/s of action, as paragraphed
3. Relief- Can a court grant other reliefs not mentioned in the pleading? Yes, with a
shotgun relief.
4. Signature
5. Verification- stated in an initiatory pleading
(Personal knowledge and belief- it is considered as an unsigned pleading, it becomes
an inappropriate verification. However, verification is not a ground for a motion to
dismiss, it does not go with the jurisdiction of the court, and thus it can be amended)
6. Certification of Non-forum Shopping- cannot be amended, it can be dismissed
without prejudice