1.

Differentiate Joinder of Causes of Action and Joinder of Parties

Joinder of Causes of Action Joinder of Parties
Rules applicable Rule 2, Sec. 5 Rule 3: Sec. 6-7
Meaning Joinder of Causes of Action means the union of two
or more civil causes of action, each of which could be
made the basis of a separate suit, in the same
complaint, declaration or petition.
(Republic v. Hernandez, 323 Phil. 606, 624-625
(1996))

Objective The objectives of the rule or provision are to avoid a

multiplicity of suits where the same parties and
subject matter are to be dealt with by effecting in one
action a complete determination of all matters in
controversy and litigation between the parties
involving one subject matter, and to expedite the
disposition of litigation at minimum cost. The
provision should be construed so as to avoid such
multiplicity, where possible, without prejudice to the
rights of the litigants.
(Lilia Ada vs Florante Baylon, GR. No. 182435, August
13, 2012)
Conditions/Requisites (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 cralaw

(d) Where the claims in all the causes of action are

principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction. (Rule
2, Sec. 5

Our rule on permissive joinder of causes of action,

with the proviso subjecting it to the correlative rules
on jurisdiction, venue and joinder of parties 31 and
requiring a conceptual unity in the problems
presented, effectively disallows unlimited joinder.
(Republic vs. Hon. Jose R. Hernandez, and Spouses
Munson, G.R. No. 117209, February 9, 1996)
Ground For Dismissal No. No.
Misjoinder of causes of action is not a ground for
dismissal. Indeed, the courts have the power, acting
upon the motion of a party to the case or sua sponte,
to order the severance of the misjoined cause of
action to be proceeded with separately. However, if
there is no objection to the improper joinder or the
court did not motu proprio direct a severance, then
there exists no bar in the simultaneous adjudication
of all the erroneously joined causes of action.

PARTIC

Give four (4) illustrative cases showing the differences

 a)
b)
c)
d)
2. May you set a motion to dismiss on the basis of failure to state a cause of action as an affirmative defense and can you set the
same for preliminary hearing?
Failure to state a cause of action refers to the insufficiency of allegation in the pleading. It may be raised in a Motion to Dismiss
under Rule 16. Dismissal for failure to state a cause can be made at the earliest stages of an action. Dismissal for lack of cause is
usually made after questions of fact have been resolved on the basis of stipulations, admissions or evidence presented.

3. Outline the jurisdiction of the following courts:

A. Special Commercial Courts
B. Sandiganbayan
The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving:
1. Violations of:
a. R.A. No. 3019 (Anti-Graft and Corrupt Practices Act)
b. Republic Act No. 1379 (Forfeiture of Ill Gotten Wealth Act)
c. Chapter II, Section 2, Title VII, Book II of the Revised Penal Code (Bribery, etc.)
Where one or more of the accused are, whether permanent, acting or interim capacity, at the time of the
commission of the offense:
- Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as
Grade ’27’ and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758)
- Members of Congress and officials thereof classified as Grade ’27’ and higher under the Compensation and
Position Classification Act of 1989
- Members of the judiciary without prejudice to the provisions of the Constitution;
- Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the
Constitution; and
 - All other national and local officials classified as Grade ’27’ and higher under the Compensation and Position
Classification Act of 1989.
NOTE: It is not only the salary grade that determines the jurisdiction of the Sandiganbayan. The salary grade has no
reference, for example, to the provincial governors, vice governors or members of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, directors or managers of GOCCs, city mayors, vice mayors, city treasurers, assessors,
engineers, trustees of state universities, and other officials enumerated in Sec. 4 (1) (a) from letters “a” – “g” of P.D.
No. 1606 as amended.

2. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a. of this section in relation to their office.

3. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986 in sequestration cases.

4. Money laundering cases committed by public officers and private persons who are in conspiracy with such public
officer
The Sandiganbayan shall exercise exclusive appellate jurisdiction on the following cases:
Appeals from the final judgmentsresolution or orders of RTCs whether in the exercise of their own jurisdiction or of
their appellate jurisdiction where all the accused are occupying positions lower than salary grade 27 or not otherwise
covered by the preceding enumeration:

1. Petition for the issuance of the writs of mandamus, prohibition, certiorari whether or not in aid of its
appellate jurisdiction (A.M. No. 07-7-12-SC);

NOTE: R.A.No. 7975 as amended by R.A. No. 8249, conferred certiorari jurisdictin in the Sandiganbayan only in aid of
its appellate jurisdiction, converning cases filed pursuant to the Sequestration Cases, contrary to A.A.No. 07-12-SC.
 2. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and
other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature,
including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be
exclusive of the Supreme Court.

C. Court of Tax Appeals

The CTA shall exercise:

A. Exclusive appellate jurisdiction to review by appeal, as herein provided:

1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal
revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National
Internal Revenue or other laws administered by the Bureau of Internal Revenue

2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal
revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National
Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal
Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in
the exercise of their original or appellate jurisdiction;

4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges,
seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other
matters arising under the Customs Law or other laws administered by the Bureau of Customs;
 5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving
the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;

6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;

7. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, and the
Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and
countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard
measures under Republic Act No. 8800, where either party may appeal the decision to impose or not to impose said
duties.

B. Jurisdiction over cases involving criminal offenses as herein provided:

1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code
or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs:
Provided, however, That offenses or felonies mentioned in this paragraph where the principal amount o taxes and
fees, exclusive of charges and penalties, claimed is less than One million pesos (P1,000,000.00) or where there is no
specified amount claimed shall be tried by the regular Courts and the jurisdiction of the CTA shall be appellate. Any
provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil
action for the recovery of civil liability for taxes and penalties shall at all times be simultaneously instituted with, and
jointly determined in the same proceeding by the CTA, the filing of the criminal action being deemed to necessarily
carry with it the filing of the civil action, and no right to reserve the filling of such civil action separately from the
criminal action will be recognized.

2. Exclusive appellate jurisdiction in criminal offenses:

 a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided
by them, in their respected territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of
their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts in their respective jurisdiction
c. Jurisdiction over tax collection cases as herein provided:
1.1 Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes,
fees, charges and penalties: Provided, however, That collection cases where the principal amount of
taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos
(P1,000,000.00) shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court and
Regional Trial Court.
1.2 Exclusive appellate jurisdiction in tax collection cases:
a. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax
collection cases originally decided by them, in their respective territorial jurisdiction.
b. Over petitions for review of the judgments, resolutions or orders of the Regional Trial
Courts in the Exercise of their appellate jurisdiction over tax collection cases originally
decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts, in their respective jurisdiction.

D. Family Courts

The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:

a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9)
years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the
commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and
ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree No. 603,
otherwise known as the "Child and Youth Welfare Code";

b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;

c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and
property relations of husband and wife or those living together under different status and agreements, and petitions
for dissolution of conjugal partnership of gains;

e) Petitions for support and/or acknowledgment;

f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the
"Family Code of the Philippines";

g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for
voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority
and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other
related laws;

h) Petitions for the constitution of the family home;

i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
 j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act," as amended by Republic Act No. 7658; and

k) Cases of domestic violence against:

1) Women - which are acts of gender based violence that results, or are likely to result in physical, sexual or
psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and
coercion which violate a woman's personhood, integrity and freedom movement; and

2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and
discrimination and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the
corresponding penalties.

If any question involving any of the above matters should arise as an incident in any case pending in the regular
courts, said incident shall be determined in that court.

E. Environmental Courts