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 original defending party, the defendant in a
counterclaim, the cross-defendant, or the third (fourth etc.)—party
defendant. (1a).

Parties in civil action

 Natural Person
 Juridical Person
 Entities authorized by law

Plaintiff – Person brings action

Defendant – Original defending himself

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. (2a)

Real party of interest – Stand to be benefited and injured by the judgement

of suit

If the party is involved not a real party – DIMISSED

What if it is an animal or object can be given legal standing?-

Resident Marine Mamals of the Protected Seascape Tanon Strait vs Reyes
states that object or animal cannot be the party of interst but the person ,
the stewards .

SEC. 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.

Representative is the one who stand for acts on behalf of another EXCEPTION
Acting on his own as undisclosed principal
Fiduciary Capacity – For the benefit of another person with great trust and
confidence.

Representative may be a
 Trustee
 Guardian executor or Administrator
 Party authorized by law

SEC. 4. Spouses as parties.— Husband and wife shall sue or be sued

jointly, except as provided by law. (4a)

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 none, a guardian ad litem

SEC. 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.

Example

Let's say Alice sues Bob for damages resulting from a car accident, and Bob claims that the
accident was actually caused by Charlie, who was also involved in the collision. In this case,
Charlie may be a necessary party for compulsory joinder because:

 Charlie's involvement is crucial to determining who is liable for the accident.

 Without Charlie, the court may not be able to grant complete relief to Alice and Bob.
 Bob could face inconsistent obligations if Charlie is not included in the lawsuit.

6)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. (7)

Example
Imagine there are several employees (Alice, Bob, and Charlie) who work for the same company
and believe they were wrongfully terminated based on age discrimination. They can file a
lawsuit together against their employer, citing:

 The same occurrence of wrongful termination.

 Common questions of law and fact, such as whether the terminations violated age
discrimination laws.

By joining together, they streamline the legal process and avoid the inefficiencies of filing
separate lawsuits with similar facts and legal questions.

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. (8a)

Example

Let's say Alice is suing Bob for damage caused to her property by a construction project. The
construction company, Charlie & Co., was actually responsible for the work. In this case, Charlie
& Co. is a necessary party because:

 The construction company's involvement is crucial to determine liability for the damage.
 Without the construction company, the court may not be able to grant complete relief to
Alice and Bob.
 Bob could face inconsistent obligations or judgments if Charlie & Co. is not included in
the lawsuit.

By including Charlie & Co. as a necessary party, the court can ensure that all relevant parties are
present, allowing for a fair and comprehensive resolution of the case.

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. (8a, 9a
Non joinder – means failure to bring a person who is necessary party or in this case an
indispensable party into a lawsuit

The pleader who asserts that a necessary party is not joined the pleader must set forth

1. The name of the necessary party if known

2. Reason for the omission

If the pleader fails to comply to the order of the court it shall deemed a waiver of claim against
necessary party .

SEC. 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)

Requisites:

1. A defendant as an unwilling co plaintiff

2. Reason shall be stated in the complaint

SEC. 11. Misjoinder and non-joinder of parties.— Neither misjoinder nor

non-joinder of parties is ground or 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.
(11a)

Misjoinder and non-joinder of partiesis ground for dismissal

Mis joinder is the improper union of parties in a civil action

In case of misjoinder or civil action

1. Parties may be dropped or added by order by court

2. On motion of any party upon own initiative
3. At any stage of action and on such term and just .

SEC. 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. (12a)

Requisites:

1. Subject matter is common or general interest of many person

2. Numerous person
3. Numerous person and representative of class must be fully protected
4. And it can be benefitted by all of the class or numerous person.

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. (13a

He can be joined in plaintiff or defendant with different cause of action

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. (14)

If the defendant may sued as the unknown owner heir, devisee or other designation as the caase
may require. If it was discovered it may be AMMENDED.

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 names 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 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, f defrayed by the opposing
party, may be recovered as costs. (16a, 17a)

Effect of the death of the party

Requisites :

1. Counsel must inform the court if such fact within 30 days after death
2. The heirs of the deceased can be substituted and in case of minor the
court can appoint an guardian ad litem for the minor
3. The counsel must give the name of the substitute or representative
4. And the court must forthwith order for the appreance of the
representative or legal representative.
5. If no substitution or fails to appear the court must appoint
administrator or executor on behalf of the deceased.
6. This can be done all thru order of substitution

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 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.
(18a)

Requisites:

1. A public officer is a party to an action in his official capacity

2. During the pendency of the action he dies, resigns or otherwise cease
to hold office
3. With 30 after the successor take office or such tie as may be granted
by the court any party shows to the satisfaction of the court that there
is a substantial need of continuing or maintaining such action and the
successor adopts or continues his predecessor’s action or threatens to
do so
4. Before a substitution is made the party or officer to be affected shall be
given reasonable notice of the application thereof and accorded an
opportunity to be heard unless he expressly assent thereto .

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 incapacitated person assisted by
his legal guardian or guardian ad litem. (19a

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. (20)

SEC. 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. (21a)

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 assesed 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. (22a)

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 through a
representative duly designated by him. (23a)

Rule 14 :

No alias summons
It must be personally
Juridical entity – officer of the corporation
Spouses – receipt to the wife or other way
Summons must be served 3 attempts
Sufficient age of discretion
18 of age must received the summons
On Person of succression discretion not applicable
Section of 17
Corporation serve the summon to the served of agents

Rule 15
2 kinds of motion

No more Rule 16
Exception If waivable
Motion is not pleading
Motion in open court and made orally

Rule 17
Section 1
Section 2 answer
Section 3

Rule 18
Use word shall , mandatory in character
Pre trial breath if not file the effect of non appearance if not appear the
complaint dismissed . plaintiff is expartie .
3 days
Pre trial – simplfy
Registry of deeds hindi nawawala
Failure of evidence constitute waiver
Evidence must be during pre trial
If the party is representative party the atty in fact equip of original copy
Failure appear and pre trial brief
Pre trial brief at least 3 days
Differentiate default rule 9
default in rule 18 - failure of the defendant to appear ex partie
different stage of pre trial
mediation- not lawyer
judge discretion judicial disposition- judge
section 10 no more trail proceed

Rule 19
Third party complaint requires certificate of non forum shopping available to
a defendant must want to reimburse or subrogation to a stranger or original
action or not a party to a complaint . defendant of the original case

Intervention – avail to a third party , not a original litigant , gusto niya mag
apil apil . meron sya legal interest . third party is plaintiff or defendant . it is
unsilrianry
When can intervention file at any time
It cannot alter
It is not a matter of right

If must be approved before the intervention can be file

Rule 20
Leave it to clerk of court

Rule 21
Section 5 affidavit rule
Commencement of action
Effect of judicial affidavit rule , that effect testi and documents cannot be
present and accompany with a complaint
If not testify you cannot acquire of judicial affidavit
It can be serve if it justifiably refuses
Subpoena-
2 kinds of subpoena
Summons is writ informing a case
Subpoena – any kinds
Subpoena to a prisoner directed to detention officer
Contents of the subpoena
Grounds of quashing subpoena
Invoke viatory right – 100 km from his residence
If person fails to attend without just cause issue warrant arrest or pay

No rule 22 because commupation of time part of midterm exams

Rule 23
Avail of ex parte motion
Avail by any person even it not party to a person
Purpose for condicting
Scope of examination
Disposition of oral examination
Disposition written disporitory
Requirement of rule 23 the disposition must be answer written and fully
Scope of exam – anything on all matter except priveldge communication ,
relevant to the case
Two mode – oral and witten
When it can be use trial hearing trail or interecualtory
It can be use against 3 instances
Rule 23 trial motion intercualatory
Rule 24 before action or trial , Diposition to future action of pending action,
avail by filing petition it must file rtc because pecuniary estimation
Diposition must be signed by witness .
The officer must noted on the objection and it must be address to judge

Rule 25
Same with 23 but different is direct to party to action for purpose of illiciting
of material
Must be party
Gapamasin or baka saka I admit nya for evidence to evidence fact
No need leave of court and without court intervention
If subject adverse of party it must be avail of this

Rule 26
Specifically request to admit certein mater or matter or no answrr or reply
the same must be admitted .

Rule 27
Production or inspection things so that no need to bring the thing or book .
the party who want to apply must apply motion to other party to inspect or
to permit entry which is in position of other party
It must be specify time and manner in allowing of inspection
Provide mechanics during pendency of case

Rule 28
Physical mental examination
Apply to quasi delicts

Rule 29
Sanction to mode discovery
Without justifiable request to pay and attorney or cited in comptempt in
court

Rule 30 trial

Rule 29 legal sanction