Capitulo 4. Identificación de los postulados teóricos que orientan las
4.4 Ética de la memoria
4.4.1 La ética de la memoria
Q: Who may be parties in a civil action?
A: Only natural or juridical person or entities authorized by law may be parties in a civil action. (Rule 3, Sec.1)
PLAINTIFF DEFENDANT refers to the
claiming party, counter-claimant, cross-claimant, or third (fourth, etc.) party plaintiff.
refers to the original defending party, defendant in a counter-claim, cross-defendant, or third (fourth,
etc.) party
defendant.
Q: What are the requisites for a person to be a party to a civil action?
A: Requisites:
1. Must be:
a. A natural or juridical person, or
b. An entity authorized by law 2. Must have a legal capacity to sue 3. Must be a real party in interest.
Entities authorized by law to be parties to a suit:
1. A corporation by estoppel.
2. A contract of partnership having a capital of P3,000 or more but fails to comply with the registration requirements is nevertheless liable as a partnership to third parties (Art.1772 in relation to Art.1768 of New Civil Code).
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3. The estate of a deceased person (Limjoco v Intestate Estate of Fragante, 8 Phil 776).
4. A legitimate labor organization (Art.
242 (e) of Labor Code).
5. The Roman Catholic Church and the archbishop or diocese to which they belong (Barlin v Ramirez, 7 Phil 47).
6. A dissolved corporation may prosecute and defend suits by or against it provided that the suits:
a. Occur within 3 years after its dissolution, and
b. The suits are in connection with the settlement and closure of its affairs (Sec 122 of Corporation Code).
7. A political party incorporated under Act 1459 (now BP 68, Corporation Code).
Under Sec.15 of this Rule, an entity, which is not registered as a juridical person and without requisite personality required of parties to a suit, may at least be sued as a defendant in the first instance so that the members thereof shall be disclosed by being required to be individually named in the answer.
This exception is dedicated by the need to identify its members since it is from them that the plaintiff may seek relief on his claim (Regalado).
As to properties of the Roman Catholic Church, the Archbishop of the diocese to which they belong may be a party (Versoza v Fernandez, GR No. L-25254, Nov 22 1926).
REAL PARTIES IN INTEREST (RPII), INDISPENSABLE PARTIES,
REPRESENTATIVES, NECESSARY PARTIES,
INDIGENT PARTIES, ALTERNATIVE DEFENDANTS
Real Party In Interest (RPII) (Rule 3, Sec.2)
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.
To be a real party in interest, the interest must be “real”, which is a present substantial interest as distinguished from a mere expectancy or a future, contingent subordinate or consequential interest (Fortich v Corona, 289 SCRA 624).
It is an interest that is material and direct as distinguished from a mere incidental interest in the question (Samaniego v Aguila, 334 SCRA 438).
General Rule: Every action must be prosecuted and defended in the name of the real party in interest.
Exception: An exception to the rule that every action must be prosecuted or defended in the name of the real party in interest is in the case of representatives as parties under Rule 3, Sec,3.
Lack of Legal Capacity to Sue
Lack of Legal Personality to Sue Refers to plaintiff’s
general disability to sue on account
of minority,
insanity, lack of juridical
personality and other similar disqualifications
Plaintiff is not the real party in interest.
A ground for a motion to dismiss
pursuant to
A ground for a motion to dismiss on the ground that
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Rule16, Sec. 1(d). the complaint states no cause of action (Rule 16, Sec 1 [g]).
Note: The rule does not require that a civil action be prosecuted by the real party in interest. What Rule 3, Sec. 2 requires is that a civil action be prosecuted in the name of but not necessarily by the real party in interest.
Hence, an action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity but the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest (Riguera, 2015)
CLASSIFICATION OF PARTIES IN INTEREST:
1. Representative parties - someone acting in a fiduciary capacity (i.e. trustees of an express trust, guardians, executors or administrators). In this case, the rule requires that the name of the beneficiary shall be included in the title of the case and shall be deemed as the real party in interest (Sec. 3).
2.Nominal / Pro forma parties - those required under the rules to be joined as co-parties in suits by or against another party as may be provided by the applicable substantive law or procedural rule (i.e. spouses; Sec 4).
3. Indispensable parties - those without whom no final determination can be had of an action; they must be joined under all conditions (Rule 3,Sec.7).
The presence of all indispensable parties is a condition sine qua non for the exercise of judicial power. It is precisely when an indispensable party is not before
the court that the action should be dismissed (Sepulveda, Sr. v. Pelaez, G.R.
No. 152195, 31 January 2005).
The court cannot proceed without their presence. Any judgment rendered by the court would be null and void.
Examples of indispensable parties:
1. In a partition suit, all the co-owners are indispensable parties (Salvador v CA, GR No. 109910, April 5 1995) 2. Action for recovery of land against
defendant, who is a tenant of a third-party who claims ownership, the third part is an indispensable party.
3. Action for rescission filed by a creditor to annul a fraudulent sale, the vendor is an indispensable party.
4. Petition for certiorari and prohibition filed by the Freedom from Debt Coalition against MWSS seeking to nullify the rate increases granted by the latter to concessionaries Maynilad Water and Manila Water,
the concessionaries are
indispensable parties (Freedom From Debt Coalition v MWSS, GR No.
173044, Dec 10 2007).
5. Petition for cancellation or correction of entries in the civil registry, the local registrar is an indispensable party.
Note: The presence of all indispensable parties is a condition sine qua non for the exercise of judicial power. It is precisely when an indispensable party is not before the court that the action should be dismissed.
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Q: What is the effect of failure to include Indispensable Parties?
A: The court cannot proceed without their presence. Any judgment rendered by the court would be null and void.
Q: What are the the remedies in case RPII is Not Impleaded?
A: 1. The pleadings or the complaint may be amended to include the RPII.
2. A motion to dismiss may be filed on the ground that the complaint states no cause of action (Rule 16, Sec.1(g) ROC;
Regalado, 2010).
In Oposa v Factoran, GR No. 101083, 1993, minors represented by their parents were held as real parties in interest to file an action to annul timber licenses issued by the state under the following principles:
1. Inter-generational responsibility 2. Inter-generational justice
3. The right of the Filipinos to a balanced and healthful ecology 4. Minors represent themselves and
the generation to come
4.Necessary Parties. (Rule 3, Sec. 8) Those who are 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; may or may not be joined.
Examples:
1. A joint obligor in a joint obligation.
2. A transferee pendent lite (Rule 3, Sec.1).
The failure to implead the transferee pendent lite would not affect the validity of the judgment.
Indispensable Party
Necessary Party
No final
determination may be had of an action if an indispensable party is not impleaded
A final
determination may be had of an action even if a necessary [arty is not impleaded, but is such a case complete relief
cannot be
accorded, or there will be an incomplete
determination or settlement of the claim subject of the action.
The court may dismiss the case for failure to prosecute if the plaintiff despite a court order does not implead an indispensable party (Rule 17, Sec.3).
The failure by the
plaintiff to
implead a
necessary party despite court order, will not result in the dismissal of the case but simply the waiver of plaintiff’s claim
against such
necessary party (Rule 3, Sec.9).
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3. Actions to foreclose a real estate mortgage, the junior mortgagees or lienholders are necessary parties.
4. In a case of a co-owned property an one of the co-owners files an ejectment suit, the other co-owners are necessary parties.
(Riguera, Primer-Reviewer on Remedial Law, Vol.I, 2015).
5. Quasi parties
Those who are allowed by the court to sue or defend in a class suit (Sec.12).
6. Nominal/ Pro Forma Parties
Those required under the rules to be joined as co-parties in suits by or against another party as may be provided by the applicable substantive law or procedural rule.
Spouse As Parties (Rule 3, Sec.4)
General Rule: They shall sue or be sued jointly
Exceptions:
1. Complete Separation of Property 2. If the action is against the other party
Notes:
1. In case of Pro forma parties who are neither indispensable nor necessary, the general rule under Rule 3, Sec.11 must be followed.
2. Non-joinder is not a ground for dismissal.
In a case concerning an action to recover a sum of money, the SC held that the failure to join the spouse in that case was not a jurisdictional defect. The non-joinder of a spouse does not warrant dismissal as it is merely a formal requirement which may be cured by
amendment (Carandang v Heirs of de Guzman, GR No. 160347, Nov. 29 2006).
Minor or Incompetent Persons (Rule 3, Sec 5.)
A minor or a person alleged to be incompetent, may sue or be sued with the assistance of his father, mother, guardian or if none, a guardian ad litem.
Minority or incompetency need not be judicially declared as the rule only requires that it be alleged.
Section 21. Indigent Parties 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 the judgment is rendered by the trial court.
Requisites for Exemption from Payment of Legal Fees. Refer to Rule 141, Sec.19.
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1. Party must have a gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee, and 2. Party do not own real property with a
fair market value as stated in the current tax declaration of more than P300,000
Conditions:
1. If the applicant for exemption meets the salary and property requirements under Rule 141, Sec.19 then the grant of the application is mandatory.
2. If the applicant does NOT satisfy one or both requirements, then the application should not be out rightly dismissed; instead, the court should apply the “indigency test” under Rule 3, Sec.21 and use its sound discretion in determining the merits of the prayer for exemption (Algura v LGU, GR No. 150135, Oct 30 2006).
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 then as defendant in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other.
TYPES OF JOINDER OF PARTIES A. Permissive - Sec. 6
B. Compulsory - Indispensable Parties (Sec. 7)
C. Proper or Necessary -Sec. 8 A. Permissive Joinder of Parties
(Rule 3, Sec.6) Requisites:
1. There must be a right to relief in respect to or arises out of the
same transaction or series of transactions.
2. There is a question of law or fact common to all the plaintiffs or all the defendants.
3. Such joinder is not proscribed by the provisions of the rules on jurisdiction and venue.
“Series of Transaction” means separate dealings with the parties but all of which dealings are directly connected with the same type of subject matter of the suit (Regalado).
Joinder of Cause of Action
Joinder of Parties Party asserts
various claims against the same or several parties in one single complaint.
There are various causes of action that accrue in favor of one or against one or more defendants.
Note: When there is joinder of parties, there is also joinder of cause of action, but there can be a joinder of cause of action without joinder of parties.
B. Compulsory (Rule 3, Sec.7)
Those without whom no final determination can be had of an action; they must be joined under all conditions (Rule 3, Sec.7).
(indispensable parties must be joined compulsorily)
Test of indispensability
If the courts cannot proceed without their presence such that a final decree would necessarily affect their rights.
Note: A party is not indispensable if his interest in the controversy is distinct and indivisible from the interest of the
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other parties and will not be prejudiced by a judgment which does not complete justice to the parties in the action.
C. Proper or Necessary (Rule 3, Sec.8) Q: Who is a necessary party?
A: A party 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
Effect of Absence of Indispensable Parties:
1. The court must stop the trial and order the inclusion of such party.
2. It renders all subsequent actuations of the court null and void for want of authority to act, not only as to the absent parties but as to those present (Sepulveda, Sr. v Pelaez, Supra).
Right of the plaintiff to select defendant
None of the defendants has the right to compel the plaintiff to prosecute an action against a party if he does not wish to do so. The plaintiff has to suffer the
consequences for his error in exercising his option.
Remedies of a co-defendant who is NOT dropped:
1. Move for the dismissal of the action against him; or
2. Take other appropriate action as might other be proper.
Notes:
1. The court may take initiative to implead an indispensable party.
(Rule 3, Sec.11)
2. If the court orders to implead an indispensable party, plaintiff’s refusal to comply with such order is a ground for the dismissal of the complaint.
Section 9.Non Joinder of necessary parties to be pleaded
Duty of the pleader:
1. State the name of the necessary party omitted, if known, and
2. State the cause or reason for the omission.
Effects of Non Joinder of a Necessary Party
1. The court may order the inclusion of the omitted necessary party if the court should find the reason for the omission unmeritorious and if jurisdiction over his person can be obtained
2. Unjustifiable failure of the party to comply with said order shall be deemed waiver of the claim against such party (in effect an exception to penalties imposed on a disobedient party under Rule 17, Sec.3;
Regalado).
3. The non-inclusion does not prevent the court from proceeding in the action and he judgment rendered therein shall be without prejudice to necessary party’s rights.
Q: When may the court order the joinder of a necessary party?
A: When the court finds the reason for the omissions of such necessary party unmeritorious and it may order the inclusion of the omitted party if jurisdiction over his person may be obtained (Rule 3, Sec.9).
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The dismissal under Rule 17, sec.3 shall not be ordered where the plaintiff fails to comply with the order of the court for the joinder of the necessary part under this rule, in line with Sec.11 which provides that non-joinder of parties should not be a ground for dismissal of an action (Regalado).
Section 10. Unwilling Co-plaintiff If the consent of the party who should be joined as plaintiff cannot be obtained, he may be made a defendant and the reason shall be stated.
The original plaintiff cannot be compelled, on the mere representations of the defendant, to implead anyone especially if it does not appear that such joinder is proper or is necessary for the complete and expeditious adjudication of the case (Emata v IAc GR No.L-72714, 1989).
Section 11. Misjoinder and Non-Joinder of Parties.
Both are not grounds for the dismissal of the action. Parties may be dropped or added by order of the court motu proprio or on motion of any party at any stage of the action and on such terms as are just.
(Riano)
Misjoined Parties Not Joined Parties When he is made a
party to the action although he should not be impleaded.
When he is supposed to be joined bit is not impleaded in the action.
Objections to defects in the parties impleaded should be made at the earliest opportunity, that is when the moment such defects become apparent, by a
motion to strike the names of the parties impleaded.
If there is misjoinder, a separate action should be brought against the party misjoined. Objection to misjoinder cannot be raised for the first time on appeal (Regalado).
Section 12. Class Suit.
A suit brought by or defended by a representative member or members of a large group of persons on behalf of all the members of the group.
Requisites: (BINC)
1. The subject matter of controversy is of common or general interest to may persons
2. Persons are so numerous that it is impracticable to join all as parties 3. Parties actually before the court are
sufficiently numerous that all interests concerned are fully protected 4. The representatives sue or defended
for the benefit of all.
The complaint must specially state that the same is being brought in behalf of others with whom parties share a common interest (Borlasa v Polistico, 47 Phil. 345).
Q: What shall the court do if it finds that the requisites of a class suit have been met?
A: The court shall appoint a number of the group which it finds sufficiently numerous and representative as to fully protect the interests of all concerned to sue or defend for the benefit of the group.
(Riguera, Primer-Reviewer on Remedial Law, Vol. 1, 2015, Page 117)
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Q: What is the effect of Improper Class Suit?
A: If a class suit is not proper, the defendant can file a motion to dismiss on the ground that the plaintiff has no legal capacity to sue (Rule 16, Sec.1[d]).
Determination of a class suit
Whether the suit is or is not a class suit depends upon the attending facts and complaint or any other pleading initiating the class action should allege the existence of necessary facts (Mathay et al v Consolidated Bank and Trust Co. GR No.L-23136, 1974).
Notes:
1. The parties who brought the class suit have the control over the case with the right to compromise or even discontinue the same
2. A class suit cannot be compromised or dismissed without the approval of the court (Rule 17, Sec.2)
3. A member of the class suit is bound by the judgment in the class suit, hence this section give him the right
3. A member of the class suit is bound by the judgment in the class suit, hence this section give him the right