REM 2

• The Rules of Court apply in a suppletory character to cases governed by the NLRC Rules of Procedure
• Labor cases are governed by the NLRC Rules of Procedure
• The 2011 NLRC Rules of Procedure, as amended, is controlling since the complaint was filed in 2013
• The 2011 NLRC Rules of Procedure is silent on what happens when one of the parties to the action dies
• Section 4, Rule 1 of the Rules of Court states that the Rules shall apply in a suppletory character to cases not provided for
• The computation of time under the Rules of Court

  May be applicable under P.D. No. 1445 (Government Auditing Code of the Philippines)
• Section 48 of P.D. No. 1445 states the period within which a party may appeal the decision of an auditor
• Section 1, Rule 22 of the Rules of Court states that if the last day of the period falls on a weekend or holiday, the time shall not run until the next working day
• The computation of time under the Rules of Court may be applicable under P.D. No. 1445 in the interest of expeditious justice and whenever practical and convenient
• Action


  A formal demand of one's legal rights in a court of justice in the manner prescribed by the court or by the law
• Special Proceeding


  An application to establish the status or right of a party or a particular fact
• Both ordinary and special civil actions are governed by the rules for ordinary civil actions, but special civil actions are further subject to certain specific rules
• Compared to an ordinary civil action, in a petition for certiorari the court only needs to issue an order requiring the respondents to comment, not serve summons
• Personal Action


  An action where the plaintiff seeks the recovery of personal property, the enforcement of a contract or the recovery of damages
• Real Action


  An action where the plaintiff seeks the recovery of real property, or an action that affects title to real property or for the recovery of possession, or for partition or condemnation of, or foreclosure of mortgage on, real property
• A complaint for illegal dismissal is not merely for redress of a private right but a command for the employer to make public reparation for his violation of the Labor Code
• An employment contract is one imbued with public interest, so a complaint for illegal dismissal is not merely a private contractual matter
• Action in personam


  A proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person
• Action in rem


  An action against the thing itself, binding upon the whole world
• Action quasi in rem

  A proceeding against persons seeking to subject the property of such persons to the discharge of the claims assailed
• Jurisdiction over the res is required in actions in rem and quasi in rem, not jurisdiction over the person of the defendant
• Cause of action


  An act or omission by which a party violates a right of another
• A complaint states a cause of action if it sufficiently avers the existence of: (a) a right in favor of the plaintiff, (b) an obligation on the part of the defendant to respect that right, and (c) an act or omission by the defendant violating the plaintiff's right
• There is no splitting of cause of action when a collection suit is filed separately from an action for ejectment, as the causes of action, rights violated, and reliefs sought are different
• Upon the parties' filing of a petition for the declaration of nullity of marriage, trial courts also acquire jurisdiction over matters incidental to the main action
• e's deficiency in the payment of rentals only, without regard to the unlawfulness of the occupancy. This cannot be litigated in the ejectment suits before the MeTC by reason of misjoinder of causes of action
• Res judicata will not apply because the court in an unlawful detainer case has no jurisdiction over claims for damages other than the use and occupation of the premises and attorney's fees
• Agustin's filing of an independent action for collection of sum of money other than those sustained as a result of their dispossession or those caused by the loss of their use and occupation of their properties could not thus be considered as splitting of a cause of action
• The causes of action in the subject cases are not the same; the rights violated are different; and the reliefs sought are also different
• Upon the parties' filing of a petition for the declaration of nullity of marriage, trial courts also acquire jurisdiction over matters incidental and consequential to the marriage. Among these is the settlement of the parties' common properties
• By filing another petition for the determination of which properties form part of the co-ownership, a party commits forum shopping by splitting causes of action
• The declaration of absolute nullity of a marriage on the ground of psychological capacity will create a special co-ownership between the parties under Article 147 of the Family Code
• Upon the filing of the Petition for Declaration of Nullity of Marriage, the trial court also acquired jurisdiction over matters incidental and consequential to the marriage. Among these incidental and consequential matters is the settlement of the parties' common properties, which entails a determination of which properties are included in and excluded from the co-ownership
• Yet, respondent filed a separate Petition for Declaration of Paraphernal Property, asking a different trial court to determine that the two parcels of land subject of the Property Case are not conjugally owned. By doing so, respondent committed forum shopping by splitting causes of action
• An action for collection of sum of money may not be joined with an ejectment suit, otherwise a misjoinder of causes of actions would ensue
• Section 5, Rule 2 of the Rules of Court prohibits the joinder of an ordinary action, such as an action for collection of sum of money and a special civil action, such as an ejectment suit
• The Collection Case requires a full-blown trial for the parties to show evidence on the propriety of paying rent and its rightful amount. These may not be accomplished in an ejectment proceeding which is summary in nature
• There is no identity of rights asserted and reliefs prayed for, and that any judgement on any of these cases would not amount to res judicata on the other
• A misjoinder of causes of action is not a ground for the dismissal of an action
• Section 6, Rule 2 of the Rules of Court explicitly states that a misjoinder of causes of action is not a ground for the dismissal of an action and that a misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately