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    Remedial Law - Rule 1-5

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    Anne Janelle Guan
    The document outlines the general provisions and rules regarding parties in civil actions under the Rules of Court. It discusses what cases the rules apply to (civil, criminal, special proceedings), how an action is commenced, and how the rules should be construed. It also defines key terms like cause of action, real party in interest, necessary parties. The rules specify who can be a party, how parties are joined or severed, and special provisions for parties like minors, spouses, or incompetent persons.

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    © All Rights Reserved
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    Remedial Law - Rule 1-5

    Uploaded by

    Anne Janelle Guan
    65 views3 pages
    The document outlines the general provisions and rules regarding parties in civil actions under the Rules of Court. It discusses what cases the rules apply to (civil, criminal, special proceedings), how an action is commenced, and how the rules should be construed. It also defines key terms like cause of action, real party in interest, necessary parties. The rules specify who can be a party, how parties are joined or severed, and special provisions for parties like minors, spouses, or incompetent persons.

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    Remedial Law_Rule 1-5

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    The document outlines the general provisions and rules regarding parties in civil actions under the Rules of Court. It discusses what cases the rules apply to (civil, criminal, special proceedings), how an action is commenced, and how the rules should be construed. It also defines key terms like cause of action, real party in interest, necessary parties. The rules specify who can be a party, how parties are joined or severed, and special provisions for parties like minors, spouses, or incompetent persons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    65 views3 pages

    Remedial Law - Rule 1-5

    Uploaded by

    Anne Janelle Guan
    The document outlines the general provisions and rules regarding parties in civil actions under the Rules of Court. It discusses what cases the rules apply to (civil, criminal, special proceedings), how an action is commenced, and how the rules should be construed. It also defines key terms like cause of action, real party in interest, necessary parties. The rules specify who can be a party, how parties are joined or severed, and special provisions for parties like minors, spouses, or incompetent persons.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    RULE 1

    General Provisions

    Section 1. Title of the Rules. — These rules shall be known and cited as the Rules of Court.

    Section 2. In what courts applicable. — These rule shall apply in all courts, except as otherwise
    provided in the Rules of Court

    Section 3. Cases governed. — These rule shall govern the procedure in action, criminal, civil, and
    special proceedings

    Civil party is one by which a party sues another for the enforcement and protection of rights and for
    the prevention and redress of wrongs

    Criminal is one which the State prosecute a person for an act punishable by law

    SP – is one which remedy for the establishment of status, right and particular fac.

    Section 4. In what case not applicable. — Election case, Naturalization, Cadastral, and Insolvency
    Proceedings

    And other cases not herein provided for

    Section 5. Commencement of action. — A civil action is commenced by the filing of the original
    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)

    Section 6. Construction. — These rule shall be liberally construed in order to promote their objective
    of promotiong their just, speedy, and inexpensive disposition of every action and proceedings.

    RULE 2

    Cause of Action

    Section 1. Ordinary civil actions, basis of. — Every ordinary civil action must be based on a cause
    of action.

    Section 2. Cause of action, defined. — COA is an act or omission by which party violate the right of
    another.

    Section 3. One suit for a single cause of action. — A party may not institute one suit for a single
    cause of action.
    Section 4. Splitting a single cause of action; effect of. — If two or more suits are instiuted on the
    baisi of one causes of action, the filing of one or the judgement upon the merits is available a ground
    for the dismissal of the other.

    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)

    Section 6. Misjoinder of causes of action. — Misjoinder of a causes of action is not a ground for the
    dismissal of an action. A misjoined cause of action may upon motion or at its own initiative or by the
    court, be severed and proceeded with separately.

    Rule 3

    Section 1. Only Natural or juridical or entities authorized by law may be parties in civil action. The
    term plaintiff may refer to claiming party, cross claimant, the counter claimant pr the third or fourt
    party plaintiff. The term defendant may refer to the original defending party. The term defendant may
    refer to the original defending party, the defendant in counter claim

    Section 2. A real party in interest is the party who stands to be benefited or injured by the judgement
    in the suit, or the party entitles to avails the suit. Unless otherwise authorized by the law of these
    rules, every action must be prosecuted or defended in the name of real party in interest.

    Section 3

    Section 4. Husband and wife shall sue and be sued jointly, except as otherwise provided by the law

    Section 5. A minor or a person alleged to be incompetent, may sue or be sued with the assistance of
    his father, mother, guardian or guardian ad litem.

    Section 6.

    Section 7. Parties in interest without whom no final determination can be hadof an action shall be
    joined either as plaintiffs or defendants.

    Section 8. A necessary party is not an indepensable party 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.
    Section 9.

    Section 10. If the consent of any party who should be joined as plaintiff can not be obtained, he may
    made a defendant and the reason therefor shall be stated in the complaint.

    Section 11.

    Section 12. When the subject matter of the controversy is one of common or general interest to
    many persons so numerous that it is impracticable to join all as parties, a number of them which the
    court finds so numerous and representative as to fully protect

    Section 18. If a person become incompetent or incapacitated, the court, upon motion with notice,
    may allow the action to be continued by or against the incompetent or incapacitated person assisted
    by his legal guardian or guardian ad litem.

    Section 20. When the action if for recovery of money arising from contract, express or implied, and
    the defendant dies before the entry of final judgementin the court in which the action was pending at
    the time of such death, it shall not be dismissed but shall be allowed to continue until entry of final
    judgement

    Section 21. ndigent party. — A party may be authorized to litigate his action, claim or defense as an
    indigent if the court, upon an ex parte application and hearing, 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.

    Such authority shall include an exemption from payment of docket and other lawful fees, and of
    transcripts of stenographic notes which the court may order to be furnished him. The amount of the
    docket and other lawful fees which the indigent was exempted from paying shall be a lien on any
    judgment rendered in the case favorable to the indigent, unless the court otherwise provides.

    Section 22. In any action involving the validity of any law, treaty, ordinance, eo, presidential decree,
    rules and regulations, the court in its discretion may require the appearance of a solicitor

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