ANTICIPATORY BREACH

- General Rule : a contract to do several things at several times

is divisible in its nature.
- This kind of obligation authorizes successive actions and a
judgement recovered for a single breach does not bar a suit
for a subsequent breach.
- If the obligor manifests an unqualified and positive refusal to
perform a contract, though the performance of such is not
yet due and the renunciation goes to the whole contract, it
may be treated as a complete breach, which will entitle the
injured party to bring his action at once.
- In such case, the breach is a total breach and there can only
be one action and the plaintiff must recover all his damages
therein.

EFFECT OF SPLITTING A SINGLE CAUSE OF ACTION
- If two or more suits are instituted for a single cause of action:

1. the filing of one or a judgement upon the merits in any one is
available as a ground for dismissal of the others

Remedy: file a motion to dismiss

i.e.
a. If the first action is pending when the second action is
filed, the second action may be dismissed based on litis
pendencia for the same cause.

b. If a final judgement had been rendered in the first
action when the second action is filed, the second action
may be dismissed based on res judicata.

2. It not need be the second action filed that should be dismissed.
As to which action should be dismissed would depend upon
judicial discretion and the prevailing circumstances of the case.




JOINDER OF CAUSES OF ACTION
1.
- assertion of as many causes of action a party may have
against another in one pleading alone.
- Process of uniting two or more demands or rights of action in
one action.
- Example see page 222

2. When the causes of action accrue in favor of the same plaintiff
against the same defendant, (only one plaintiff and only one
defendant), it is not necessary to ask whether or not the series of
transactions and that there exists a question of law or fact common to
all the plaintiffs or defendants. This question is only relevant when
there are multiple plaintiffs or multiple defendants.

3. The joinder does not include special civil actions or actions
governed by special rules. Confusion in the application of
procedural rules would certainly arise from the joinder of ordinary
and special civil actions in a single complaint.

4. Where there are two or more defendants, or two or more
plaintiffs, the causes of action against the defendants can only
be joined if there is a compliance with the rules on joined of
parties under Sec. 6 of Rule 3. This provision requires that before
there can be a proper joinder of parties, a right to relief arises out
of the same transaction or series of transactions and that there
exists a question of law or fact common to all such plaintiffs or to
all such defendants. This requirement does not apply when there
is only one plaintiff and one defendant because in this case there
are no parties to be joined.

JOINDER OF CLAIMS IN SMALL CLAIMS CASES
The plaintiff may join in a single statement of claim one or more
separate small claims against a defendant provided that the total
amount claimed, exclusive of interests and costs, does not exceed
P100,000.

REMEDY IN CASE OF MISJOINDER OF ACTIONS
- can be severed and proceeded with separately upon motion
by a party or upon the courts own initiative.
- Misjoinder is not a ground for dismissal of an action.
- The cause of action predicated or forcible entry may be
severed from the complaint upon motion of a party or by the
court motu proprio proceeded with separately in another
action.

ENTRY WITHOUT A JURIDICAL PERSONALITY AS A DEFENDANT
1. Sec.15, Rule 3, ROC When two or more persons are not
organized as an entitiy with juridical personality enter into a
transaction, they may be sued under the name by which
they are generally or commonly known
2. The responsive pleading of the entity sued must disclose the
names and addresses of its members since they are the
persons ultimately liable to the plaintiff.
Note: the authority to be a party under this section is confined only to
being a defendant and not as a plaintiff as evident from the words,
they may be sued.

EFFECT WHEN A PARTY IMPLEADED IS NOT AUTHORIZED TO BE A PARTY
1. Where the plaintiff is not a natural or a juridical person or an
entity authorized by law, a motion to dismiss may be filed on
the ground that the plaintiff has no legal capacity to sue.
2. Where it is the defendant who is not a natural or a juridical
person or an entity authorized by law, the complaint may be
dismissed on the ground that the pleading asserting the claim
states no cause of action because a complaint cannot
possibly state a cause of action against one who cannot be
a party to a civil action.

AVERMENT OF CAPACITY TO SUE OR BE SUED
- The facts showing the capacity of a party to sue or be sued
or the authority of the party to sue or be sued in a
representative capacity or the legal existence of an
organized association of persons that is made a party must
be averred.


A MINOR OR AN INCOMPETENT AS A PARTY
- A minor or an incompetent may sue or be sued,
- He can be a party but with the assistance of his father,
mother, guardian or guardian ad litem.

REAL PARTY IN INTEREST
1. 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.
2. To be a real party in interest, the interest must be REAL. Which
is a present substantial interest as distinguished from a mere
expectancy or a future, contingent subordinate or
consequential interest. It is an interest that is material and
direct, as distinguished from a mere incidental interest.

INTEREST material interest
- an interest in issue and to be affected by the decree

3. The determination of who the real party in interest requires going
back to the elements of a cause of action.