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Showing posts with the label civil procedure

Civil Procedure: Rules of Court, Rule 3 Reviewer (A.M. No. 19-10-20-SC)

   RULE 3 PARTIES TO CIVIL ACTIONS Section 1. Who may be parties; plaintiff and defendant.  - Only  natural or juridical persons , or  entities authorized by law  may be parties in a civil action.  NJE The term  "plaintiff"  may refer to the claiming party, the counter-claimant, the cross-claimant, or the third (fourth, etc.)[-]party plaintiff. The term  "defendant " may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) - party defendant.  Section 2. Parties in interest.  - 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. BI Section 3. Representatives as p arties.  Where the action is allowed to be pr...

Civil Procedure Reviewer on General Principles of Remedial Law and Jurisdiction

  General Principles of Remedial Law A. Distinguish: Substantive Law and Remedial Law Substantive Law  — creates,  defines or regulates rights concerning life, liberty or property, or the powers of agencies or instrumentalities for the administration of public affairs. ( Primicias vs. Ocampo ) Source: Congress, Ex: Civil Code Operation: Prospective Procedural/Adjective/Remedial Law — prescribes the method of enforcing rights or obtaining redress for their violation. ( Bustos v. Lucero ) Sources: General Rule:  Supreme Court, Ex: Administrative Matters Exception:  Congress, Ex: BP 129 on Jurisdiction Operation: General Rule:  Retroactive, no vested rights in the rules of procedure Exceptions:  The statute itself expressly or by necessary implication provides  Applying it to pending proceedings would impair vested rights Not be feasible or would work injustice Aquino vs. Aquino, G.R. Nos. 208912 & 209018, Dec. 7, 2021 Article 285 of the ...