Professional Documents
Culture Documents
Concepts
Concepts
Concepts
Concepts
The rule making power of the Supreme Court—according to this doctrine the Supreme
Court has a constitutional power to promulgate rules on pleading, practice and procedure in all
courts, admission to the practice of law, Integrated Bar and legal assistance to the
underprivileged.
The retroactive effect of the rules – This doctrine provides that statute regulating the
procedure of all courts will be construed as applicable to the actions pending and
undetermined at the time of their passage.
The concept of cause of action— A cause of action is the act or omission by which the
party violates a right of another.
Concept of splitting the cause of action--- This concept set the elementary rule that the
violation of a single right may give rise to more than one relief. In other words, for a single
cause of action or violation of rights, the plaintiff may be entitled to several reliefs.
The totality rule—this rule provides that 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.
The Real-parties-in-interest rule— this rule provides that unless otherwise authorized by
law or these Rules, every action must be prosecuted of defended in the name if the real party in
interest
2.
Legal ethics substantially provides that an attorney must conduct his affairs with his
client with condor and good faith. Pursuant with this, Rule 3 Section 16 Rules of Court
specifically provides the duty of the attorney for the deceased defendant to inform the court of
his clients death and to furnish the court with the names and residences of the executor,
administrator and legal representative of the deceased.
The Rule making power of the Supreme Court as enunciated in Article 8 of the 1987
Constitution which provides that the Supreme Court has a constitutional power to promulgate
rules on pleading, practice and procedure in all courts, admission to the practice of law,
Integrated Bar and legal assistance to the underprivileged.
The general rule in the interpretation of law is that laws shall have no retroactive effect.
Except for procedural rules applicable to pending actions and undetermined at the time of their
passage.