Professional Documents
Culture Documents
Belated Question On Matter of Juri
Belated Question On Matter of Juri
Belated Question On Matter of Juri
Sec 15
Sec 16
if improperly served
alias summons: Jurisprudence, court can do issuance of alias summons (Special appearance- not submitting to the
jurisdiction of the Court)
------
2 types-
1. Ordinary Action- has cause of action
-complaint for Injunction- ordinary action
--
Sec6 : liberally construed
Tech rules if it will defeat justice
3 day notice rule: Hearing
ex. Filed appeal 2days late
ex2 Filed without verification (R7- only req when required by law)
-use only when made an error or mistake: only in court
--
COA
defn
reqs
splitting cause of action v joinder
- dismissal of case (litis pendentia/ rej) -----
-relief is of the same
-same parties, same coa(Identity of parties/rights asserted& reliefs prayed for/ when successful amounts to rj)
~forum shopping
joinder of coa
-permissive joinder of parties (multiple parties on other side)
sec6
-juri and venue(as long as one of coa is in RTC)
-totality rule: sum of all claims
Chua v Metrobank
Rule 3
FTSCOA (RPI) v LLCTS (minority, incapacity)
Parties
1. NP – legal age | NLC: minors/incapacitated: assisted
- married person: G.R: must be sued jointly; XPN:
(1. involves exclusive prop of h/wife; 2. when there is judicial separation of property, 3. if it involves the practice of one;s
practice of profession; 3. f it is an act committed through negligence; if a crim is commited by
-supervening incacity (Sec18)