Civil Procedure 1

Friday, March 18, 2022

Rule 1: General Provision

Section 1. Title of the Rules. - These Rules shall be known and cited as the Rules of Court. (1)

Section 2. In what courts applicable. - These Rules shall apply in all the courts, except as otherwise provided
by the Supreme Court. (2)

Section 3. Cases governed. - These Rules shall govern the procedure to be observed in actions, civil or
criminal, and special proceedings.

(a) A civil action is one by which a party sues another for the enforcement or protection of a right,
or the prevention or redress of a wrong.

A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil
actions, subject to the specific rules prescribed for a special civil action.

(b) A criminal action is one by which the State prosecutes a person for an act or omission
punishable by law.

(c) A special proceeding is a remedy by which a party seek s to establish a status, a right, or a
particular fact. (3)

Section 4. In what cases not applicable. - These Rules shall not apply to election cases, land registration,
cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by
analogy or in a suppletory character and whenever practicable and convenient. (4)

Rule 2: Cause of Action

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

Section 2. Cause of action, defined. - A cause of action is the act or omission by which a party violates a
right of another. (2)

Section 3. One suit for a single cause of action. - A party may not institute more than one suit for a single
cause of action. (3)

Section 4. Splitting a single cause of action; effect of - If two or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment upon the merits in anyone is available as a ground for
the dismissal of the others. (4)

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 of action are principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction. (5)

Section 6. Misjoinder of causes of action. - Misjoinder of causes of action is not a ground for dismissal of an
action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed
and proceeded with separately. (6)
Rule 3: Parties to Civil Actions

Section 1. Who may be parties; plaintiff and defendant. - Only natural or juridical persons, or entities
authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming party, the
counter-claimant, the cross-claimant, or the third (fourth, etc.) [-] party plaintiff. The term "defendant "may
refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third
(fourth, etc.) - party defendant. (1)

Section 2. Parties in interest. - A real party in interest is 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. Unless otherwise authorized by law
or these Rules, every action must be prosecuted or defended in the name of the real party in interest. (2)

Section 3. Representatives as parties. - Where the action is allowed to be prosecuted or defended by a

representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the
case and shall be deemed to be the real party in interest. A representative may be a trustee of an express
trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An agent acting
in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the
principal except when the contract involves things belonging to the principal. (3)

Section 4. Spouses as parties. - Husband and wife shall sue or be sued jointly, except as provided by law. (4)

Section 5. Minor or incompetent persons. - A minor or a person alleged to be incompetent, may sue or be
sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem. (5)

Section 6. Permissive joinder of parties. - All persons in whom or against whom any right to relief in respect
to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly,
severally, or in the alternative, may, except as otherwise provided in these Rules, join as plaintiffs or be
joined as defendants in one complaint, where any question of law or fact common to all such plaintiffs or to
all such defendants may arise in the action; but the court may make such orders as may be just to prevent
any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in
which he may have no interest. (6)

Section 7. Compulsory joinder of indispensable parties. - Parties in interest without whom no final
determination can be had of an action shall be joined either as plaintiffs or defendants. (7)

Section 8. Necessary party. - A necessary party is 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 a complete determination
or settlement of the claim subject of the action. (8)

Section 9. Non-joinder of necessary parties to be pleaded. - Whenever in any pleading in which a claim is
asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why
he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of
the omitted necessary party if jurisdiction over his person may be obtained.

The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of
the claim against such party.

The non-inclusion of a necessary party does not prevent the court from proceeding in the action, and the
judgment rendered therein shall be without prejudice to the rights of such necessary party. (9)

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

Section 11. Misjoinder and nonjoinder of parties. - Neither misjoinder nor non-joinder of parties is ground
for 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. Any claim against a misjoined
party may be severed and proceeded with separately. (11)

Section 12. Class suit. - 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 to be sufficiently numerous and representative as to fully protect the interests of all concerned may
sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his
individual interest. (12)
Section 13. Alternative defendants. - 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 right of relief against the other. (13)

Section 14. Unknown identity or name of defendant. - Whenever the identity or name of a defendant is
unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case
may require; when his identity or true name is discovered, the pleading must be amended accordingly. (14)

Section 15. Entity without juridical personality as defendant. - When two or more persons not organized as
an entity with juridical personality enter into a transaction, they may be sued under the name by which
they are generally or commonly known.

In the answer of such defendant, the names and addresses of the persons composing said entity must all be
revealed. (15)

Section 16. Death of party; duty of counsel. - Whenever a party to a pending action dies, and the claim is
not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after
such death of the fact thereof, and to give the name and address of his legal representative or
representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action.

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.

The court shall forthwith order said legal representative or representatives to appear and be substituted
within a period of thirty (30) days from notice.

If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail
to appear within the specified period, the court may order the opposing party, within a specified time, to
procure the appointment of an executor or administrator for the estate of the deceased and the latter shall
immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs. (16)

Section 17. Death or separation of a party who is a public officer. - When a public officer is a party in an
action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the
action may be continued and maintained by or against his successor if, within thirty (30) days after the
successor takes office or such time as may be granted by the court, it is satisfactorily shown to the court by
any party that there is a substantial need for continuing or maintaining it and that the successor adopts or
continues or threatens to adopt or continue the action of his predecessor. Before a substitution is made,
the party or officer to be affected, unless expressly assenting thereto, shall be given reasonable notice of
the application therefor and accorded an opportunity to be heard. (17)

Section 18. Incompetency or incapacity. - If a party becomes 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. (18)

Section 19. Transfer of interest. - In case of any 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. (19)

Section 20. Action on contractual money claims. - When the action is for 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, it shall not be dismissed but shall instead be allowed to
continue until entry of final judgment. A favorable judgment obtained by the plaintiff therein shall be
enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a
deceased person. (20)

Section 21. Indigent 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 dock et and other lawful fees, and of transcripts
of stenographic notes which the court may order to be furnished him. The amount of the dock et 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.

Any adverse party may contest the grant of such authority at any time before judgment is rendered by the
trial court. If the court should determine after hearing that the party declared as an indigent is in fact a
person with sufficient income or property, the proper dock et and other lawful fees shall be assessed and
collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall
issue or the payment thereof, without prejudice to such other sanctions as the court may impose. (21)

Section 22. Notice to the Solicitor General. - In any action involving the validity of any treaty, law,
ordinance, executive order, presidential decree, 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. (22)