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Notes in
003: Parties to Civil Action (Rule 3)
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Last Update
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Published
09/25/2024
Who may be parties?
Published
09/25/2024
The term "plaintiff" refers to?
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09/25/2024
The term "defendant" refers to?
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09/25/2024
What is a real party in interest?
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09/25/2024
Must all actions be prosecuted or defended in the name of the real party in interest?
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09/25/2024
What is the rule in having representatives as parties with respect to the title of the case?
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09/25/2024
Who may be a representative?
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09/25/2024
May an agent sue or be sued without joining the principal?
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09/25/2024
What is the rule on spouses as parties?
Published
09/25/2024
May a minor be sue or be sued?
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09/25/2024
What is a real interest?
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09/25/2024
Under whose name must the action be brought in?
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09/25/2024
Who has standing to sue?
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09/25/2024
In constitutional cases, what is standing?
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09/25/2024
Under the constitutional concept of locus standi, who are allowed to sue? There are four. Explain each.{{c1::Taxpayers – where there is a c…
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09/25/2024
What is an indispensable party?
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09/25/2024
What is the effect of not impleading an indispensable party?
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTYThe vendor or seller in an action to annul the sale.
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTY. The buyers of the lot in an action for reconveyance of parcels of land which had already …
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTY. The co-owners in an action for partition.
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTY. The possessor of land in an action for recovery of possession..
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTY. Subsequent mortgages or lien holders in a judicial foreclosure of mortgage
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTY. Possessor (like a tenant) in an action for recovery of ownership of land.
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09/25/2024
Choose between: INDISPENSABLE PARTY or NECESSARY PARTY. Owner of the land in an action to recover possession land.
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09/25/2024
T/F. Where the obligation of the parties is solidary, all obligors are indispensable parties.
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09/25/2024
What is a necessary party?
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09/25/2024
Why must a necessary party be impleaded?
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09/25/2024
What is an indigent party?
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09/25/2024
How may a party be allowed to litigate his action as an indigent?
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09/25/2024
Indigent parties are exempt from the payment of? (There are two exemptions)
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09/25/2024
If an indigent party wins a favorable judgment, may the Court derive payment of the exempted docket and legal fees from such judgment?
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09/25/2024
What are the guidelines for a party to qualify as an indigent? *(Might be an unfair question since this is from Rule 141, Sec. 19)
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09/25/2024
May a plaintiff implead alternative defendants if his relief against one of the defendants is inconsistent with the relief he seeks from the other?
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09/25/2024
May a plaintiff join several persons if he is unsure as to which of them he is entitled relief?
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09/25/2024
May a dead person be a plaintiff or defendant in an action?
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09/25/2024
For a natural person to be a party to an action, he must be?
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09/25/2024
May a non-resident be sued?
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09/25/2024
Who are juridical persons?
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09/25/2024
If an entity does not have any juridical personality, may they be a party in an action?
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09/25/2024
What are the four classifications of parties to civil actions?
Published
09/29/2024
Instances where there is lack of legal capacity to sue
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09/25/2024
T/F. Plaintiff’s lack of legal capacity to sue or lack of personality to sue are affirmative defenses.
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09/25/2024
T/F. A foreign corporation doing business without a license has legal capacity to sue.
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09/25/2024
T/F. A sole proprietorship is vested with juridical personality.
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09/25/2024
T/F. A lack of capacity to sue is different from lack of personality to sue.
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09/25/2024
Conditions for Permissive Joinder:
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09/25/2024
What is a compulsory joinder of indispensable parties?
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09/25/2024
What is a non-joinder of necessary parties to be pleaded?
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09/25/2024
What happens if the court finds the reason for exclusion of a necessary party unmeritorious?
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09/25/2024
T/F. Noncompliance with the order of the court to include a necessary party (after finding his reason for exclusion unmeritorious) is a waiver of the …
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09/25/2024
Will the non-inclusion of a necessary party preclude the court from proceeding with the action?
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09/25/2024
Will the absence of indispensable parties be grounds for automatic dismissal of the action?
Published
09/25/2024
Will the failure to implead an indispensable party a ground for automatic dismissal of the action?
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