PARTIES
TO
CIVIL
ACTION
SECTION 1: Who maybe parties to civil
action
2. He committed an act or omission
3. That violates the legal right of the
plaintiff.
Section 1: Who maybe parties- Only natural
Civil action- an action by which a person
seeks a judicial relief for the enforcement or
protection of a right or for prevention and
redress of a wrong.
or juridical persons, or entities authorized by
law may be parties in a civil action. 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 counter-claim, the
cross-defendant, or the third (fourth, etc.) —
party defendant.
Parties to civil action
1. Natural- the human being
2. Juridical person- are those by which
the law attributed it as an entity
separate from its individual member.
3. Entities authorized by law-like a
representative with a special power
of an attorney, or a government entity
which the law allows them to be sued.
Parties- are those involved in the litigation.
Plaintiff and defendant.
Plaintiff- could either be:
1.
2.
3.
4.
The claiming parties
Counter-claimant
Cross-claimant
Third or fourth(etc.) party plaintiff
Requisites as a plaintiff
1. He has the legal right
2. He is injured
3. By the act or omission of the defendant
Defendant- is the person who is the original
defending party, defendant in a counter claim
or a cross defendant etc.
The defendant has the following requisites:
1. He has the duty or obligation to
respect the right of the plaintiff
SECTION 2: Party 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.
Every action must be prosecuted or
defended in the name of real party in
interest which is subject to the following
requisites:
1. Who will stand to be (1) benefited, (2)
injured or (3) entitled to avail
2. By the judgment of, or the suit.
Unless otherwise:
1. Authorized by law-for government
entities by virtues of law are
consented to be sued.
2. Or under the rules-such as
representative or agent as parties,
class suit for the writ of kalikasan.
SECTION 3. Representatives as parties.
Where the action is allowed to be prosecuted
and 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
property in interest. A representative may be
a trustee of an expert trust, a guardian, an
executor or administrator, or a party
authorized by law or these Rules. 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
1. file:///C:/Users/Administrator/Downloads/Rules%20of%20Court.lawphil.html
contract involves things belonging to the
principal.
Representative as party-someone acting in
a fiduciary capacity where the action is
allowed to be represented by the same, shall
be included in the title of the case and shall
be deemed as party in interest.
An action that does not allowed to be
prosecuted by a representative?
Representative maybe:
1.
2.
3.
4.
5.
Trustee of an expert trust
A guardian
An executor
An administrator
Or a party authorized by law or these
rules.
Agen as party-if he is acting in his own
name and for the benefit of undisclosed
principal, may sue or be sued without joining
the principal except when the contract
involves things belonging to the principal.
Requisites:
1. If he is acting in his own name
2. For the benefit of undisclosed
principal
3. When the contract does not involve
things belonging to the principal.
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