Xavier Aseron

2014400153
Atty. Rico Quicho 2 (Free)
Civil Procedure Quiz #1
1. What is the difference of a real action with personal action? What is an
in rem proceeding? What is an in personam proceeding? What is a
quasi in rem proceeding?
According to Section 1, Rule 4 of the Rules of Court, actions affecting
title or possession of real property, or interest therein shall be
considered a real action
And according to Section 2, Rule 4 of the Rules of Court, all other
actions are personal actions
There are also different kinds of actions:
First, would be an action in rem which is an action that is directed
against the whole world, it is for the determination of the state or
condition of a thing.
Second would be a proceeding in personam which is a proceeding to
enforce personal rights and obligations brought against the person and
is based on the jurisdiction of the person.
Lastly is an action quasi in rem which is where an individual who acts
as a defendant and the resolution of the case is to affect the lien
attached to the property by subjecting his interest therein.
2. What is the difference of a cause of action from a right of action?
The difference between a cause of action from a right of action is that
according to Section 2, Rule 2 of the Rules of court a cause of action is
the act or omission by which a party violates a right of another. While a
right of action is the right to file a suit as a consequence of the
violation of the right of the plaintiff. The difference between them is
that the cause of action involves the right of the plaintiff. Unlike the
right of action, it is not affected by estoppel or other occurrences
created by substantive law.
3. May jurisdiction over the subject matter and over the person be
waived? If yes, in what stage of the proceeding?
The General Rule is that jurisdiction being part of substantive law,
cannot be subject of
an agreement between parties and cannot be
waved, as enunciated in the case of Editha Padlan v Elenita Dinglasan.
However, such is subject to waiver during exceptional cases, as seen in
Tijam v Sibonghanoy, it may be waived by doctrine of estoppel. It may
not always apply but must still be justified depending on the facts in
every case. In the case of Tijam, the amount was only pertaining to
2000 pesos more or less which was expanded to almost 30 years.

4. When is a civil action considered commenced?

According to Section 5, Rule 1 of the rules of court, a civil action is
commenced by the filing of the original complaint in court. If an
additional defendant is impleaded in a later pleading, the action is
commenced with regard to him on the dated of the filing of such later
pleading, irrespective of whether the motion for its admission, if
necessary, is denied by the court.
5. May the rules of procedure be relaxed to accommodate the partys
failure to file a pleading on time?
According to Section 6, Rule 1 of the Rules of Court these Rules shall be
liberally construed in order to promote their objective of securing a
just, speedy and inexpensive disposition of every action and
proceeding.
6. What is splitting a cause of action?
A splitting of a cause of action is when the division of a single cause of
action or claim is into multiple parts with the intention of only filing one
of the parts and reserve the others for another separate cause of
action.
7. What are the remedies against splitting a single cause of action?
The remedy against splitting a single cause of action is a Motion to
Dismiss under Rule 16 on the ground of litis pendentia or Res Judicata if
the first action has already been terminated.
8. What is the rule on joinder or misjoinder of causes of actions?
According to Section 5, Rule 2 of the Rules of Court a party may in one
pleading assert, in the alternative or otherwise, as many causes of
action as he may have against an opposing party, subject to the
following conditions:
A. The party joining the causes of action shall comply with the rules on
joinder of parties; B. The joinder shall not include special civil actions or
actions governed by special rules; C. Where the causes of action are
between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court
provided one of the causes of action falls within the jurisdiction of said
court and the venue lies therein; and
D. Where the claims in all the causes action are principally for recovery
of money, the aggregate amount claimed shall be the test of
jurisdiction.
Also according to Section 6, Rule 1 of the Rules of Court the Misjoinder
of causes of action is not a ground for dismissal of an action. A

misjoined cause of action may, on motion of a party or on the initiative

of the court, be severed and proceeded with separately.
9. Who may be parties to a civil action? Who is a real party-in-interest?
According to Section 1, Rule 3 of the Rules of Court 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 counterclaimant, the cross-claimant, or the third (fourth, etc.) party plaintiff.
The term defendant may refer to the original defending party, the
defendant in a counter-claim, the cross-defendant, or the third (fourth,
etc.) party defendant. According to Section 2, Rule 3 of the Rules of
Court 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.
10. What are the classifications of parties-in-interest under the present
rules?
These are the classifications:
Indispensable parties are those without whom no final determination
can be had of an action. Necessary parties are those who are not
indispensable but ought to be joined as parties 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.
Representative parties may be a trustee of an express trust, a
guardian, an executor or administrator, or a party authorized by law or
by the Rules. Pro forma parties are those who are required 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. Quasi parties are
those in whose behalf a class or representative suit is brought.
11.

What is the rule on permissive joinder of parties?

According to Section 6, Rule 3 of the Rules of Court 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.

12. What are the effects to a civil action of misjoinder and non-joinder
of parties?
According to section 11, Rule 3 of the Rules of Court a misjoinder or a
non-joinder of parties is a not a ground for dismissal. Parties may be
dropped or added by order of the court on motion of any party or on its
own initiative at any stage the action and on such terms as are just.
Any claim against a misjoined party may be severed and proceeded
with separately.
13. Are the rules on venue always applicable to govern the parties to a
civil action?
According to Section 4, Rule 4 of the Rules of Court the rule on venue
shall not apply in those cases where a specific rule or law provides
otherwise; or where the parties have validly agreed in writing before
the filing of the action on the exclusive venue thereof.

14.

May a party waive the improper venue of a civil action?

As against Criminal Procedure in Civil Procedure venue is procedural,

not jurisdictional, and hence, may be waived. It may be subject to the
agreement by the parties therefore it may be waived as seen in Sec. 4,
Rule 4 of the Rules of Court. It is meant to provide convenience to the
parties, rather than restrict their access to the courts, as it relates to
the place of trial.
15.

How may a party question the improper venue of a civil action?

A motion to dismiss must be filed by a defendant and move for the

dismissal of the action based on improper venue. The court may motu
proprio dismiss the case in some cases covered by the rules on
summary procedure.