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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)O. Consolidation and Severance (Rule 31)

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Question

CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)

For each of the following scenarios, determine whether consolidation or severance is applicable based on the 1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC (Rule 31).

  1. Party A filed separate complaints for breach of contract against Party B, Party C, and Party D. The factual circumstances of the cases are similar, and Party A seeks that the cases be consolidated for joint trial.
  2. In a civil case involving personal injury, several petitioners filed individual suits against a common respondent arising from the same accident. The individual suits involve the same set of facts and issues, and the petitioners request that the actions be consolidated for the purpose of efficiency and expediency.
  3. In a land dispute case, Party M filed a case against Party N for recovery of possession. However, Party M subsequently sold the disputed property to Party O during the pendency of the case. Party O claims that he should be included as a defendant in the case, while Party N argues that the case should be severed to allow a separate proceeding for the claim against Party O.

Answer

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