ROC CODAL

What is the title of the Rules?

According to Rule 1 Section 1, these rules shall be known and cited as the Rules of Court.

In what courts applicable?

According to Rule 1, Sec. 2, the Rules of Court shall be applicable to all courts, unless the Supreme Court provides otherwise.

What are the cases governed by the Rules of Court?

According to Rule 1, Sec. 3, The Rules shall govern the procedure to be observed in actions in the following: first, civil action which is where a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. Second, criminal actions which is where the State prosecutes a person for an act or omission punishable by law. Lastly, special proceeding which is a remedy by which a party seeks to establish a status, right, or a particular fact.

What is the basis of civil actions?

According to Rule 2, Sec. 1, Civil Actions must be based on a cause of action.What is

What is a cause of action?

According to Rule 2, Sec. 2, a cause of action is the act or omission by which a party violates the right of another.

Can a party file multiple suits for the same cause of action?

No. According to Rule 2, Sec. 3, a party must not institute more than one suit for a single cause of action.

What is the effect is the filing of two or more suits is based on the same cause of action?

According to Rule 2, Sec. 4, if two or more suits are instituted on the basis of the same cause of action, the filing of one (litis pendentia) or a judgment upon the merits (res judicata) is available as a ground for dismissal of the others.

What are the conditions of joinder of causes of action?

According to Rule 2, Sec. 5, a party may assert multiple causes of action in one pleading provided that: (1) must comply with rules on joinder of parties; (2) cannot include special civil actions or those governed by special rules; (3) if the causes involve different venues/jurisdiction, joinder is allowed in the RTC PROVIDED that the action falls within its jurisdiction/venue; and (4) if claims in all causes of action are for recovery of money in which the jurisdiction is determined by the aggregate amount of the money claimed.

What is the effect of a misjoinder of cause of action?

According to Rule 2, Section 5, a misjoinder is NOT a ground for dismissal of an action, b