Belated question on matter of juri

SC: while lack of juri may be raised at any stage of an action

may be estopped by participating in the action

Summons- R14 not R13(service and filing)

-How the court acquires juri over the person of the defendant
-proper service of summons
*Juri: sole proprietorship no separate juri personality

Say action for recovery of title: indiv sues the def

-Must det who the defendant is. personal capacity?

Substituted service: pascual case

- person in-charge of his office: Pres or GM / person in the age and discretion
- repeated attempts to serve 3x in 2 sep dates
- impossibility of personal service

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)
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Defn of Civil Action EPr-RPw

2 types-
1. Ordinary Action- has cause of action
-complaint for Injunction- ordinary action

2. Special Civil action- generally no breach/ no coa

ex R65 grave abuse
DR: no breach yet
Interpleader
Expropriation: taking is for pubpurpose
*Foreclosure: relief payment of sum of money
*Ejectment: UD has coa
Contempt

**Crim Action: whenState prosecutes another

-during PI, (respondent)
**Special Proceedings

Election, Insolvency, Cadastral,LandReg – laws that confer juri to another court

-ROC suppletory application

--
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

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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)