Civil Procedure. - Rules of Court.

RULE 1. - General Provision.

Sec. 1. - Title of the Rules. - These Rule shall be known and cited as the
Rules of Court.

Sec. 2. - In what courts applicable. - These Rules shall apply in all courts,
except as otherwise provided by the SC.

Sec. 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 seeks to establish a

status, a right, or a particular fact.

Sec. 4. In what case 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.

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.

Section 6. Construction. — These Rules shall be liberally construed in

order to promote their objective of securing a just, speedy and inexpensive
disposition of every action and proceeding.
RULE 2; Cause of Action.

Sec. 1. Ordinary Civil Actions, basis of. - Every ordinary civil action must be
based on a cause of action.

Sec. 2. Cause of action, defined. - A cause of action is the act or omission

by which a party violates a right of another.

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

Sec. 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 any one is available as a ground for the
dismissal of the others.

Sec. 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 RTC
provided one of the causes of actions falls within the jurisidiction of said
court and the venue lies therein.

(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.

Sec. 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
RULE 3; Parties to Civil Actions.

Sec. 1. Who may be parties; plaintiff and defendant. - Only natural or

juridical persons, or entitities 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 counter-claim, the cross-defendant or the third(fourth etc.) - party
defendant.

Sec. 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.

Sec. 3. Representatives as parties. — Where the action is allowed to be

prosecuted and 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 property in interest. A representative
may be a trustee of an expert 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.

Sec. 4. - Spouses as parties. - Husband and wife shall sue or be sued

jointly, except as provided by law.

Sec. 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 non, a guardian ad litem.

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.

Sec. 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.

Sec. 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.

Sec. 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.

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.

Sec. 11. Misjoinder and non-joinder 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 the action and on such terms as are just. Any
claim against a misjoined party may be severed and proceeded with
separately.

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.

Sec. 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.

Sec. 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.

Sec. 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 name and addresses of the persons
composing said entity must all be revealed.

Sec. 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 his 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.

Sec. 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 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.

Sec. 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.

Sec. 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.

Sec. 20. Action and 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.

Sec. 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 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.

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 docket 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.

Sec. 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 a representative duly designated by him.