Civil Procedure: Parties to a Civil Action

      1. Plaintiff and Defendant (Rule 3, Sec 1)
        1. Plaintiff refers to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) party plaintiff.
        2. Defendant refers to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc)-party defendant
      2. What is a counterclaim?
        1. A counterclaim is any claim which a defending party may have against an opposing party.
      3. Kinds of Counterclaim
        1. Compulsory counterclaim is a pleading which, being cognizable by the regular court of justice, arises out of, or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
          1. When is it allowed? A counterclaim in order to be raised by the defending party must comply with the following requisites, to wit:
            1. It must be within the jurisdiction of the court both as the the amount and the nature thereof;
            2. Except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.
        2. Permissive Counterclaim is a pleading asserting a claim which, being cognizable by the regular courts of justice, which does not arise out of or is not connected with the transaction or occurrence constitution the subject matter of the opposing party’s claim and require for its adjudication the presence of third parties of whom the court can acquire jurisdiction.
        3. Test to determine whether a counterclaim is compulsory or permissive.
          1. To determine whether a counterclaim is compulsory or permissive, we have devised the following tests. A positive answer to all four questions would indicate that the counterclaim is compulsory.
            1. Are the issues of fact and law raised by the claim and by the counterclaim largely the same?
            2. Would res judicata  bar a subsequent suit on defendants’claims, absent the compulsory counterclaim rule?
            3. Will substantially the same evidence support or refute plaintiffs’claim as well as the defendants’counterclaim?
            4. Is there any logical relation between the claim and the counterclaim?
        4. Effects of failure to answer the counter-claim
      4. Cross claim (Rule 6 Sec 8)
        1. a Cross claim is any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
      5. Third (Fourth, etc) party claim
        1. A Third (Fourth, etc) party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the Third (Fourth, etc) party relief, in respect of his opponent’s claim
      6. Real Party in Interest (Rule 3 Sec 2)
        1. 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, 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.
          1. Unknown identity or name of defendant (Rule 3 Sec 14) – Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require; when his identity or true name is discovered, the pleading must be amended accordingly.
        2. Representative as parties (Rule 3 Sec 3) Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest.
          1. Who may act as a representative party: (TAGLE)
            1. A Trustee of an express trust;
            2. An Agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal.
            3. Guardian;
            4. A party authorized by Law or these rules;
            5. Executor or administrator;
        3. Spouses as Parties (Rule 3 Sec 4) – Husband and Wife shall sue or be sued jointly, except as provided by law. (Otherwise known as the pro-forma parties)
          1. Rules in case of spouses as party in interest
            1. Action may be prosecuted jointly by or against;
              1. Jointly by husband and wife;
              2. Except as provided by law.
            2. Exceptions as provided by law:
              1. Action involving the Exclusive property of the spouse to wit:
                1. Property brought to the marriage as his or her own;
                2. That which each acquires during the marriage by gratuitous title;
                3. That which is acquired by redemption, by barter or by exchange with property belonging to only one of the spouses;
                4. That which is purchased with exclusive money of the wife or of the husband.
        4. Minor or Incompetent parties (Rule 3 Sec 5) A minor, or a person allegedly to be incompetent, may sue or be sued with the assistance of his Father, mother, guardian, or if he has none, a guardian ad litem.
          1. Who may assist the Minor or Incompetent parties in the suit:
            1. His Father;
            2. Mother;
            3. Guardian; or
            4. If he has none, a guardian ad litem.
        5. Unwilling Plaintiff (Rule 3 Sec 10) if the consent of any party, who should be joined as a plaintiff cannot be obtained, he may be made a defendant and the reason therefor shall be stated in the complaint.
      7. Indispensable and Necessary Parties
        1. Compulsory or Indispensable Parties (Rule 3 Sec 7) Parties in interest without whom no final determination can be had of action shall be joined either as plaintiffs or defendants.
          1. Who is an Indispensable party?
            1. An Indispensable party is a party who has such an interest in the controversy or subject matter that a final adjudication cannot be made, in his absence, without injuring or affecting that interest, a party who has not only an interest in the subject matter of the controversy, but also has an interest of such nature that a final decree cannot be made without affecting his interest or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. It has also been considered that an indispensable party is a person in whose absence there cannot be a determination between the parties already before the court which is effective, complete, or equitable. Further, an indispensable party is one who must be included in an action before it may properly go forward (Garcia vs. Garcia, G.R. No. 169157, November 14, 2011)
        2. Necessary Party (Rule 3 Sec 8) A Necessary party is one 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.


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