riano lecture

8/20/2019 Riano Lecture

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Transcribed Lectures of Dean Riano 2011, Part IVIII. Civil Procedure A. Actions 1. Meaning of ordinary civil actions One by which a party sues another for the enforcement or protection of a

right, or the prevention or redress of a wrong.2. Meaning of special civil actions Generally follow the rules on ordinary civil actions, but there are some specialrules only for it sometimes. That’s why it’s called special.What is an action for rescission of a contract? Is it an ordinary civil action or aspecial civil action? It is an ordinary civil action. Annulment of a contract isalso an ordinary civil action. Reformation of an instrument (incapable of PE)falls under declaratory relief and other similar remedies under Rule 63.Quieting of title falls under Rule 63 not as declaratory relief but other similar

remedies. Consolidation of ownership falls under Rule 63 but not underdeclaratory relief but other similar remedies. Read the table of contents.Saan mo ipafile ang application for preliminary attachment proceeding? Hindimo yan pina-file separartely kasi yan ay provisional remedy. Ang titingnan moay principal remedy. Kung saan ang principal remedy, doon ang applicationfor a writ of preliminary attachment.Saan mo ipa-file ang support pendent elite? Hindi rin yan pina-file separatelykasi provisional rememdy. Yong action for support ay sa Family Court or saRTC kung walang FC.Meron bang action for preliminary injunction? There’s none. There’s onlyaction for injunction.Which court has the jurisdiction to issue a provisional remedy? The courtwhich has jurisdiction over the main action. Can an MTC issue a provisionalremedy? Yes, if the main action is with the MTC.3. Meaning of criminal actions One by which the State prosecutes a person for an act or omissionpunishable by law.4. Civil actions versus Special proceedings Special proceedings establish a status, a right, or a particular fact. They are

not there for the enforcement or protection of a right, or the prevention orredress of a wrong. If you want a person to be declared as absent, use aspecial proceeding; do not go to an ordinary civil action.Features:1. The State is interested in the proceeding2. Proceedings are in rem 3. Rules are for expediency4. Usually not adversarial in the traditional sense of 2 contending privateparties.

Special proceedings:1 Settlement of estate of deceased persons2 Escheat


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3 Guardianship and custody of children4 Trustees5 Adoption6 Rescission and revocation of adoption7 Hospitalization of insane patient

8 Habeas corpus 9 Change of name10 Voluntary dissolution of corporations11 Judicial approval of voluntary recognition of minor natural children;12 Constitution of family home13 Declaration of absence and death14 Cancellation of correction of entries in civil registry

5. Personal actions and real actions A classification of actions according to foundation.Real actions are those affecting title to or possession of real property, orinterest therein, shall be commenced and tried in the proper court which has

jurisdiction over the area wherein the real property involved, or a portionthereof, is situated.The rule does not define personal actions. It says all other actions not fallingunder real actions are personal actions. If I file an action for damages, that ispersonal action; it has nothing to do with interest or title or possession to anyreal property. The same with an action for collection of a sum of money.But not all action which deals with real property is a real action. Example: youleased an apartment belonging to me for 30k/month. A small apartment with a

single room. Then after three months, when I came to you to collect therental, I realized that it changed a lot, the floors which were made of Italianmarbles are now gravel and sand from Boracay, you changed them. When Iasked you why, you said you wished to have an environment that is as muchclose to nature as possible. Then I noticed that you tore down the wall of theapartment and replaced them with nipa wall. Everything was changed. WhenI realized it, I suffered from a mild heart attack. When I was revived I filed anaction for damages for P5 million for destroying my apartment. Is it a real or apersonal action? It is personal action. It’s not about title to the property, it’s

not about possession or interest, it’s about damages. He did not want to pay,he resisted so I decided to file an action for unlawful detainer so I couldregain possession of the premises. Real or personal? It is a real actionbecause the issue is possession of real property. FE is also a real action.They are real actions in accordance with the nature of the action but they arenot real actions in accordance with the objective of the action. Actions forUD and FE are real actions but they are in personam. An in personamaction could be real.

An annulment of marriage is a personal action, it has nothing to do with real

property, but it is in rem. No privity of real estate is mentioned or involved. Anaction for recognition of myself as a natural child is in personam directed


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against a person but it is also personal. An action for declaration of nullity ofmarriage is in rem but it is personal.

An action to collect a sum of money is personal and also in personam. Kasinga directed to or against a particular defendant. An action for damages,personal and in personam. Cadastral and land registration case is real action

and also in rem.When the issue in the Bar exams is the venue of a complaint or an action, donot ask yourself this way: is it personam, in rem or quasi in rem? Thequestion is, is it real or personal? It is the analysis for purposes of venue.Pag ang tanong ay what kind of summons will be proper against this non-resident? O di itatanong mo, is it in personam, in rem or quasi in rem? Whatsummons will be used? The clerk of court will ask if it’s in personam, in rem orquasi in rem.If you want to know whether in that particular case jurisdiction is necessaryover the defendant, your question will be “is it in rem, in personam, or quasi inrem”. These principles have not been exploited in the Bar exam because theyare difficult to understand. It was only asked in 2008 about partition, partitionis quasi in rem. But there was a question there: how do you acquire

jurisdiction over the defendant? Holy smoke! It should not be askedbecause in an action quasi in rem, jurisdiction over the defendant is notrequired.Why do you need to know if an action is real or personal? In order todetermine the venue. Why do you need to know if an action is in personam, inrem or quasi in rem? So that you will know if jurisdiction over the defendant is

necessary and to determine what kind of summons will be served.Example. Kapag ang action ay in personam, hindi ka pwede magpadala ngsummons thru publication. This is the general rule. Because this action isdirected to a particular person, and a summons by publication is directed tothe whole world. If the defendant was not able to read such publication, thenyou still haven’t reached him/her. But if it’s an action in rem or quasi in rem,then publication is allowed.6. Local and transitory actions

A real action is “local,” its venue depends upon the location of the property

involved in the litigation. A personal action is “transitory,” its venue dependsupon the residence of the plaintiff or the defendant at the option of theplaintiff.7. Actions in rem, in personam and quasi in rem

A classification of actions according to the object of the actions. Actions in rem It is in rem when it is directed against the whole world. An action for thedeclaration of nullity of marriage is a personal action because it is notfounded on real estate. It is also in rem because the issue of the status of a

person is one directed against the whole world. A cadastral proceeding is anaction in rem. A land registration proceeding is an action in rem. Hence,failure to give a personal notice to the owners or claimants of the land is not a


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jurisdictional defect. It is the publication of such notice that brings in the wholeworld as a party in the case and vests the court with jurisdiction.

A proceeding in personam is a proceeding to enforce personal rights andobligations brought against the person and is based on the jurisdiction of theperson, although it may involve his right to, or the exercise of ownership of,

specific property, or seek to compel him to control or dispose of it inaccordance with the mandate of the court. Purpose: to impose thru the judgment of a court some responsibility or liability directly upon the person ofthe defendant. No one other than the defendant is sought to be held liable.Example: an action for a sum of money; an action for damages. Actions in personam An action in personam is not necessarily a personal action. Nor is a realaction necessarily an action in rem. An action to recover title, or possession ofreal property is a real action but it is an action in personam. It not broughtagainst a person but against at the person upon whom the claim is made. Anaction for specific performance is an action in personam. An action forspecific performance and/or rescission is not an action in rem. An action fordamages is a personal action as well as an action in personam. Actions quasi in rem A proceeding quasi in rem is one brought against persons seeking to subjectthe property of such persons to the discharge of the claims assailed. Anindividual is named defendant and the purpose of the proceeding is to subjecthis interests therein to the obligation or loan burdening the property. But theaction is one brought against the whole world. The object is the sale or

disposition of the property whether by attachment, foreclosure or any otherform of remedy. Example: action for partition; action for accounting;attachment; and foreclosure or mortgage.B. Cause of Action 1. Meaning of cause of action It is the act or omission by which a party violates the rights of another. Thereis an existence of a right that was violated by someone who has theobligation to respect that right. In order to have a cause of action, do youhave to prove the damage sustained? No need. Evidence of damage is not

found in the definition. As long as you can establish a right, and that right wasviolated, there is damage automatically without need to prove it because youwill be awarded anyway nominal damages for a vindication of a right, for therecognition of the right. If you want to recover actual damages, you have toprove the damage. You cannot recover actual or compensatory damageswithout evidence of the harm sustained.Do you need a COA for every civil action? No. Only in ordinary civilactions are COAs mandatory. The concept of a COA ad defined in Sec.2of Rule 2 does not always fit a special civil action. A declaratory relief for

example, you want the court to state what your rights are under a law, atreaty, a statute, a deed, a will, before a violation occurs. In a COA definition,there is a cause of action. Here in declaratory relief, there is none. That’s why


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the definition of a COA does not fit. Also for interpleader where you are askingthe court to decide who between 2 persons is the rightful claimant. It is filed aperson whose rights are not violated. He cannot just determine who among 2persons is the rightful owner of a property being claimed from me. There is noviolation of my right. Also the definition of a COA does not apply to an

administrative proceeding. You will be charged administratively not becauseof a violation of a right of another but because you violated a rule. If youviolated a Civil Service rule, you will be charged administratively. It does notalso apply to a criminal case.2. Right of Action versus Cause of action The concept of COA is substantive law. A COA while defined in the ROC isnot coming from the Rules; the essence comes from substantive law. A rightof action is procedural. It is a right to file the case. There cannot be w ROAwithout a COA. Article 1156 of the Civil Code enumerates the sources of aCOA: law, contracts, quasi contracts, delicts, quasi delicts, and acts andomissions punished by law. That’s why when you are asked in civilprocedure, what is the basis of your COA? Your basis will either be the law,the contract which is breached, a crime etc.I borrowed money from X. On the due date of the obligation I did not pay.That he has a COA against me? Not yet because I still have not violated hisright. He has no demand to pay. If he comes to me and demand payment butI do not pay and just turned my back, I know violate his right to be paid upondemand. He now has a COA. If on the due date of the obligation, he comes tome and said “I am reminding you of you debt to me.” I did not pay. Is there a

violation? No, because it was not a demand, it was just a reminder. Thedemand must be clear and unequivocal requirement to comply with anobligation. If you did not demand from me on the due date of the obligation,the implication is that you voluntarily extended the obligation with a period.That’s why 1169 provides, no demand no delay.3. Failure to state a cause of action The allegations of a complaint run: the defendant borrowed P1M from theplaintiff. The defendant under promissory note hereto attached as Exh. A andforming an integral part of the complaint mentions that the debt is payable on

Aug. 1, 2010. Until now the debt remains unpaid… Is there a correctstatement of a COA? No; from the allegations, judgment cannot be renderedin favor of the plaintiff because there was no allegation of a sufficient COA.You will notice only the debt was mentioned, and the due date; it did notmention that there was demand to pay. The complaint was defective. Satotoo, nagdemand sha pero hindi lang nya sinabi sa complaint. Actually hehas a COA, but when he made the complaint, he did not state it. It’s not acase of an absence of a COA. It’s a case of failure to state a COA. Asidefrom the demand, the allegations must also include the fact that the debt is

already due and demandable. These are the elements; if incomplete, failureto state COA!


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Absence of a COA is not a ground for a motion to dismiss; it is a ground fordemurrer to evidence according to the SC. Meaning there is no evidence thatyou do have a COA, demurrer to evidence is anchored on insufficiency ofevidence.4. Test of the sufficiency of a cause of action

Assuming that the allegations of the plaintiff are true, will the court be able torender judgment on the basis of the allegations of the plaintiff? If the answeris yes, it is sufficient.But when can the court not be able to render a judgment? If the elements ofthe COA are not present. Example: you sued me for breach of contract; whatare the 2 essential elements that must be found in the complaint? 1. Theexistence of the contract; 2. The violation of the contract. It is sufficient.The test for sufficiency of a COA is the same with the test for the validity of aninformation. Are the elements of a felony mentioned in an information? If not,you cannot convict him on the basis of that information.5. Splitting a single cause of action and its effects If you have 1 COA, do not divide it into several parts making each part thesubject of a separate complaint. Example: Dean Riano was hit by a runningMr. Javier along Recto. The latter slammed into his frail 60-year old body. Helaid unconscious for several minutes. The doctor told him that his left andright legs, as well as his right and left arms were broken; also 3 of his ribswere broken, and the strands of his hair were removed. Can Dean Riano fileseparate complaints for each broken part? No; that would be splitting.In every COA, there is a primary relief sought and the others are incidental

reliefs. Example: you file an action for collection for a sum of moneyP500,000; this is the main claim, the payment of the principal; but then therewas a stipulation to the interest; there was no payment of the interest; sothere was a claim for the interest; if you file for the recovery of P500,000 andanother for the interests, there’s a clear case of splitting of a COA. You onlyhave to file a single complaint for this.Bar: An action to recover shares of stock was filed. After it was recovered thrua final judgment, an action for the recovery of dividends received by thedefendant was also filed. Was there splitting of a single COA? Yes; the 1st

action should have included the recovery of dividends on the shares.City of Bacolod vs. San Miguel Brewery: the city filed an action to recoverfrom SMB unpaid local taxes which have not been paid for a long timedespite assessments sent; the court decided in favor of the city; SMB, when itreceived the decision, paid the taxes; 3 months after, the wise boys of the cityremembered something: that SMB did not pay the surcharges and thepenalties of the overdue taxes; the reason is they did not include in theirprayer such recovery; so they filed an action to recover those surcharges onthe taxes paid; the issue that went to the SC is very simple: was the 2nd suit

already barred by the judgment on the 1st

suit? The answer is yes. Kungnagclaim ka ng recovery of taxes dapat pati surcharges isinama mo na sapag claim sa 1st case, they belong to a single COA.


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Case, Labitoria: there was a case for partition against co-heirs; the one whofiled the partition case already introduced improvements on the property butsince it was owned in common he later on decided to take the part belongingto him; the court ordered the partition; after partition where the improvementswent to the other heirs, he filed an action to recover the improvements on the

property. The 2nd

suit was barred. It should have been included in the 1st

suit,he should have prayed for the recovery of the improvements introduced or itsexpenses when he filed the action for partition.

Actions actually have a main part and an incidental part. If you split theincidental part from the main part, that is splitting.Sometimes a single act gives rise to distinct COAs. An act of negligencecausing physical injuries is a COA under quasi-delict, culpa criminal, orindependent civil action. A single act gives rise to many COAs because thesources are different provisions of the law. You can pursue them separatelyand there is no splitting of a COA because they are distinct COAs withdifferent bases.

A split COA filed may be dismissed for litis pendentia. It could also be barredby res judicata. The rule does not say which case will be dismissed, the 1st one filed or the second, the rule is silent. It could also be dismissed for forumshopping, in which all cases will be dismissed.Bar : While cruising on a highway, a taxi cab driven by Miles hit an electricpost. As a result thereof, its passenger Joey suffered serious injuries. Miles,the driver, was subsequently charged before the MTC with recklessimprudence resulting in serious physical injuries. Thereafter, Joey filed a civil

action against Lourdes, the owner of the taxi cab for breach of contract ofcarriage and also against Miles for quasi-delict. Lourdes and Miles filed amotion to dismiss the civil actions on the ground of litis pendentia, that is thependency of the civil action impliedly instituted in the criminal action forreckless imprudence. Is there litis pendentia? None. The action for breach ofcontract against the taxi owner cannot be barred by the criminal actionagainst the driver. The civil action for quasi-delict against the driver is aseparate civil action under Art. 33 of the CC. They can be filed separately andmay proceed independently of the criminal action and regardless of the

results of the latter. An obligation that is divisible gives rise to separate causes of actions.Example: an obligation payable in installments; each installments that will notbe paid can be a source of a distinct COA. But if you wait for 5 defaults beforefiling the action on the 6th default, then you can no longer file an action foreach, you have to lump in one action all the previous defaults.The doctrine of anticipatory breach: if there are 12 installments and on the1st installment the debtor already said that he can never ever pay anyinstallment, you cannot file an action for all 12 installments, only 1 installment

because of the doctrine of anticipatory breach. Only 1 action can be filedeven if there are divisible obligations. The rationale being to avoid court


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dockets to be clogged. Ang marami pwedeng pag-isahin pero ang isa hindipwedeng paramihin.6. Joinder and misjoinder of causes of action Presupposes there are several COAs that you could combine in 1 complaint.It is different from consolidation, you don’t call it consolidation.

Requisites of Joinder of Causes of Action: a. The party joining the causes of action shall comply with the rules on joinder of parties; (applicable only if there are several plaintiffs or severaldefendants; example: 1 plaintiff vs. several defendants or several plaintiffs vs.1 defendant; several plaintiffs vs. several defendants)b. The joinder shall NOT include special civil action or actions governed byspecial rules;c. Where the causes of action are between the same parties but pertain todifferent venues or jurisdiction, the joinder may be allowed in the RTCprovided one of the causes of action falls within the jurisdiction of the RTCand the venue lies therein;d. Where the claims in all the COA are principally for recovery of money, theaggregate amount claimed shall be the test of jurisdiction.Ø If given a problem on joinder, immediately look at the number of parties.if there is only 1 plaintiff and 1 defendant, go to the 2nd requirement of theRule. Skip the first. The keyword is a one-on-one situation. Example: Pedrofiled an action against D. This is one-on-one, don’t look at joinder of parties.But if it says: several plaintiffs vs. 1 defendant or 1 plaintiff vs. severaldefendants, look at joinder of parties (ramble situation).

Ø Plaintiff vs. Defendant. Defendant owes P P350,000 on a separatepromissory note. He also have another PN in favor of P for P375,000. Andanother separate PN for P200,000. And another for P100,000. How manyCOA are there if all the debts fall due and demands have been made butunable to pay? Four because each PN is a separate obligation. Can P fileseparate suits? Yes. But there can be also only 1 action filed against thedefendant; this is a proper subject of joinder. Whether or not they come fromdifferent transactions is totally immaterial because this is a one-on-one situation. If filed under 1 complaint, you follow the totality rule so RTC will

have jurisdiction.Ø Suppose that the defendant is also a lessee of P who has failed to payrentals and there has already been a demand to pay and vacate, can thisaction be joined with the action above? No. There is now UD which is aspecial civil action expressly prohibited by the 2nd rule on joinder of COAs.Ø Suppose there are 4 defendants, all neighbors who owe P amounts ofmoney; demand has been made, but still did not pay. Can P join them in onecomplaint? Now you look at the rule on joinder of parties, Sec. 6 of Rule 3.Requisites of Permissive Joinder of Parties:

1 Right to relief arises out of the same transaction or series oftransactions, whether jointly, severally, or in the alternative;


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2 There is a question of law or fact common to all the plaintiffs anddefendants;

3 Such joinder is not otherwise proscribed by the provisions of the Ruleson jurisdiction and venue.

Ø The above are separate PNs executed by different people, these are

transactions totally unrelated to each other, therefore they cannot be joined.You have to file separate complaints against the defendants.Ø The perfect example would be: 2 injured passengers of a bus filing 1complaint for quasi-delict against the driver. There are 2 distinct COAs,passenger 1 can sue the driver under his own complaint, and passenger 1can sue the driver under his own complaint. But they can join as plaintiffsunder 1 complaint against the driver. You have now to comply with the rule on

joinder of parties because this is no longer a non-on-one situation. There arenow 2 plaintiffs against 1 defendant. The rule says the plaintiffs must berelated under a single transaction or a series of transactions, and theremust be a common question of law or of fact. Where they injured under asingle accident? Yes. Same transaction. Could there be a common questionof law or of fact? Yes- whether the driver was negligent. So, there can be a

joinder.Ø But in the course of the action where he hit an electric post, he hit anothercar with passenger C who was injured; the circumstances of C are not thesame with the circumstances of the 2 earlier passengers; the joinder is notclear.Ø Another example is recovery of money under a PN signed by 4 joint

debtors. The plaintiff ,ay file a separate complaint against each debtor but hecan only recover as to that debtor’s art of the debt. He can also join all COAin a single complaint against all joint debtors.Ø Can you join an action for rescission of a contract with an action to collect asum of money? Say rescission of a contract of a sale of a car. Yes. They areon ordinary actions. Nothing there is a special civil action. What are thespecial civil actionsTypes of Special Civil Actions :

1 Mandamus

2 Interpleader3 Certiorari4 Contempt5 Prohibition6 Eminent Domain7 Declaratory Relief8 Quo warranto9 Partition of real estate10 Foreclosure of mortgage

11 Unlawful detainerl. Forcible Entry


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Ø If it is a one-on-one case, do not anymore look at the rule on joinder ofparties, look if there is a special civil action. If there is, then it must besevered.Ø A joinder of COA and of parties is not compulsory. It is permissive.C. Parties to Civil Actions

Is the word plaintiff always the original plaintiff? No. can the originaldefendant become the plaintiff in the same proceeding? Yes; when he file acounterclaim, a cross-claim, a third-party complaint, he is a plaintiff in thatsense. The original plaintiff also becomes a defendant in these instances.Who may be parties to a civil action? Can a natural person be a party? Yes.Can a juridical person be a party? Yes. Can some neither natural nor juridicalperson be a party? Only natural persons, or juridical persons, or entitiesauthorized by law may be parties to a civil action. Under the Labor Code, alabor organization duly registered in accordance by the Code can file suits.Know the concept of real parties in interest, their definition will be in theexams, Dean Riano can feel it.1. Real Parties in interest; Indispensable parties; Representatives asparties; Necessary parties; Indigent Parties; Alternative defendants Real parties in interestParties who stand to be benefited or injured by the judgment in the suit, or theparties entitled to the avails of the suit.It’s not enough to be a natural person, it’s not enough to be a juridical person,it’s not enough to be an entity authorized by law, in order to sue or be sued orbe a party to a civil action. What is important is you have to be a real party in

interest.There are 2 general types of real parties in interest:i.) The indispensable parties

Ang indispensable party hindi pwedeng wala; kung wala sya, there will neverbe a final determination of the case. The keywords there will be finaldetermination. When the party is indispensable there is a compulsory

joinder.ii.) The necessary parties.Pwedeng matuloy ang kaso kahit walang necessary parties. kaya lang wala

kang complete relief and full recovery kapag hindi mo isinali ang ibangnecessary party. Pero kapag indispensable party, hindi pwedeng wala sha sasuit.

Alternative DefendantsNasaktan ka, hindi mo alam kung sino sa 2 tao ang nag cause og iyong harmor loss or damage. Anong remedy mo? Idemanda mo silang 2 in thealternative. Alternative plaintiffs, yes theoretically. “In whom..in the alternative”

– plaintiffs. “Against whom… in the alternative” – defendants. There are alsoalternative COAs and alternative defenses.

2. Compulsory and permissive joinder of parties A joinder of COA and of parties is not compulsory. It is permissive. There isonly 1 instance where a joinder of parties is compulsory, it’s in Sec. 7 of Rule


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3. Parties in interest without whom no final determination can be had of anaction shall be joined either as plaintiffs or as defendants. When the party isindispensable there is a compulsory joinder.Remember the example on the joint obligation where the debt of each debtoris P250,000 each. Can the plaintiff sue 1 debtor alone without including the

others? Yes. But he will only recover 250,000. The other debtors arenecessary parties because without them, there will be no full recovery of 1million.But Sec. 9 imposes an obligation upon the plaintiff to state the names of thenecessary parties and the reasons why they are not included in the suit.

Absent this requirement, there could be a waiver of your right against theother parties.If P sues 1 debtor alone under a solidary obligation, the debtor is anindispensable party because P cannot collect without suing him. What aboutthe other debtors, are they necessary or indispensable? Neither because Pcan collect everything from that 1 debtor alone under that solidary obligation.P can collect from any of the debtors.3. Misjoinder and non-joinder of parties Neither misjoinder nor non-joinder of parties is a ground for dismissal of anaction. Parties may be dropped or added by order of a court on motion of anyparty or of its own initiative at any stage of the action and on such terms asare just. Any claim against a misjoined party may be severed and proceededwith separately (Sec. 11 Rule 3).When an indispensable party is not impleaded, the court’s 1st option is not to

dismiss but to order that that party be joined thru a proper amendment of thepleading. If the order was not followed or complied with, the court can nowdismiss the complaint not on the basis of non-joinder but on the basis of Sec.3 of Rule 17, failure to obey the order of the court, fault of the plaintiff .Should an action be prosecuted and defended by the real party in interest?No. In the name of the real party in interest, not by, but in his name.Example: minors sue with the assistance of parents or guardians, not thrutheir parents or guardians.4. Class Suit

You will be asked to determine if a class suit exists. You go by definitions.Sec. 13 of Rule 3. When the subject matter of the controversy is one ofcommon or general interest to many persons so numerous that is itimpracticable to join all as parties, a number of them which the court finds tobe sufficiently numerous and representative as to fully protect the interests ofall concerned may sue or defend for the benefit of all. Any party in interestshall have the right to intervene to protect his individual interest.Requisites of a Class Suit:

1 Subject matter of the controversy is one of common or general

interest to many persons; (this will be the focal point of the Bar)2 Parties affected are so numerous that it is impracticable to bring themall to the court;


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3 Parties bringing the class suit are sufficiently numerous orrepresentative of the class and have the legal capacity to file theaction.

Example: Wowowee stampede some years ago where more than 70 peopledied. Assuming there is an average of 20 heirs per person who died, then it

would be 20x70 plus, they would be numerous. The heirs of those who died,assuming they filed a class suit against ABS-CBN; is there a class suit? No.The law says common or general interest in the subject matter , not the issueor the question or the facts. Each person who died is a separate SM. Eachlola who died is not a common or general lola to the other heirs.Example: Each fisherman in Guimaras affected by the oil spill in the area hasa separate interest as to his income. He is not interested in the income ofother fishermen. A class suit is not possible. Remedy is to file individual suitsand have them consolidated.Example: Princess of the Stars, June 2008. There is no class suit.Case: A barrio that put up a big wooden coin bank for the common fund ofeveryone. Each person who has extra coins will drop them in that woodenbank. It has been there for 7 years that each depositor can no longer identifyhis contribution and how much. One day, the coin bank disappeared. Thetreasurer also disappeared. When he was found, the entire barrio filed a classsuit against him for an action to recover the giant coin bank. Is it proper? Yes.There is a common interest; each barrio folk can no longer identify his sharein the coin bank. The keyword is if you can no longer identify what isyours. Your interest is merged with the interests of others, then there is

common or general interest.Opposa vs. Factoran: the basis of the class suit is the protection of theenvironment. There is a class suit even in the name of future generations,there is intergenerational responsibility. The plaintiffs, in behalf of thegenerations yet to come, filed a class suit against then DENR SecretaryFulgencio Factoran to prevent the rape of the forests and the environmentand recall all timber licenses issued before and to prevent issuance of morelicenses. The issue that went to court is, is there class suit? The SC, thruJustice Davide, said yes because there was a common or general interest in

the SM which is the environment and the natural resources. Can you identifywhich is yours in the environment and the natural resources? No.Newsweek vs. IAC: a case involving the sugar planters and barons in NegrosOccidental. Several writers of Newsweek Asia visited the place and theywrote an article about the exploitation of the plantation workers. It was writtenin such a fashion that every sugar planter would really shrink in shame andwould feel like fading in a wall. The title of the article is Island of Fear . Itshowed how the sakada were living in a very pitiful condition. They wouldearn 1 peso a day but 45 cents of that 1 peso would go back to the

landowners as payment of their debts. It was outlined in the article which hurtthe feelings of the sugar planters and their families. They came together tofile a class suit against Newsweek Asia. Was there a class suit? No problem


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with their number, what about the common or general interest? The SC saidnone. Each sugar planter is only considered with his own reputation, he is notconcerned with the reputation of the other planters. There is no common orgeneral interest in each’s reputation. No class suit.Mathay vs. Consolidated Corporation: this has not yet come out in the exams.

There was a wide tract of land divided into let’s say 1,000 equal squares at100sm each. Each square is occupied by a family composed of ten. Theyhave been living there for many years to wake up 1 day to find each of themgiven a note to vacate because the land and the parcels of land were alreadytitled in the name of a corporation named Land Grabbing Corporation with aprimary purpose of land grabbing. They filed a suit for reconveyance. Is therea class suit? None. Each family has interest only on the land it occupies.There is no common or general interest.Bar: an airplane carrying 200 passengers crashed somewhere in the junglesof Agusan. All the passengers and crew perished. The relatives of thefatalities filed for themselves and in behalf of all the relatives in the mishap aclass suit for damages totaling 5M pesos against the airline. The propriety ofthe class suit is questioned by the defendant. Is there a class suit? None.Because there is no common or general interest in the SM of the controversy.Each of the plaintiffs has a separate claims for damages.Bar, 1994: 400 residents of Barrio Ramos initiated a class action suit thru

Albert, a former mayor of the town, to recover damages sustained due to theirexposure to toxic wastes and fumes emitted by the cooking gas plant of a topfuel corporation located at the town. Is the class suit proper? None. No

common general interest in each other’s illness.5. Suits against entities without juridical personality There are friends, A, B and C who owns a motor shop operating under thename Macho Boys Corporation. The truth is the latter is not registered withthe SEC, no such corporation, it has not juridical personality. They were ableto borrow 2M from XYZ Bank. They were not able to pay the loan so the banksued them as Macho Boys Corp. Their defense was that the complaint cannotstate a COA because it cannot sue somebody which has no legal capacity.Can they be sued under the name MBC? Yes (Sec. 15). But if it was

somebody who borrowed money from them, can they sue under the nameMBC? No because they have no legal capacity to sue. Who will be eventuallyliable? The 3 of them that’s why when they file their answer, they must statetheir names and addresses because they will be the ones liable.6. Effect of death of party litigant Let us assume that there is a case going on and the defendant died duringthe pre-trial. First, the court will be notified, within 30 days from the death, bythe counsel of the deceased, it is his duty. What will the court do? The courtwill ask itself: is this an action that survives the death of a party? Or is this an

action that is extinguished by the death of a party? Then the court will look atthe nature of the case. If it is say an action for legal separation, the court willdismiss it, no need to go on. If it is say money claim, it survives. Claims


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against property survives even claims against UD cases survive. If theplaintiff wants to continue it, it can be continued because once jurisdiction hasattached, it remains with the court until the termination of the proceedings,adherence of jurisdiction. So if it is a money claim against the defendant, thecourt will call the lawyer of the deceased and ask for a substitute such as the

heir. But you cannot force the heir to substitute the deceased, in this case thelawyer must get an administrator for purposes of that suit. If the defendantcannot produce an administrator, the plaintiff can procure it. Pwedengmasingil later on sa judgment. Tuloy ang kaso. Judgment against thedeceased thru a substitute. Can you file a motion for the execution of the

judgment if you were the plaintiff who won the case? No. the judgment shouldbe presented as a claim against the estate. Special proceedings will comein. do not ask for a writ of execution. Rule 86.

A claim of real property will not be extinguished. That’s why the next step issubstitution. The substitute will fall under the jurisdiction of the court not thrusummons, but thru the order of substitution. This is an instance where

jurisdiction over the person will apply even if there is no summons- when thedefendant dies.It is the same if it was the plaintiff who died. The rules work both ways.Example: the plaintiff dies in an action to recover a sum of money, thedefendant cannot rejoice because he has no debt anymore.

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