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Philippine Bar review · Question

Practice question: Parties to Civil Actions (Rule 3)

Multiple Choice Hard

Practice question

Many persons have a genuinely common subject of controversy, joinder of all is impracticable, and the proposed representatives are sufficiently numerous and representative to protect all concerned. An interested class member seeks to intervene to protect an individual interest. What does Section 12 say?
  1. A class suit invariably forbids every member from intervening.
  2. A party in interest has the right to intervene for that purpose.
  3. Representatives may cancel all absent members’ procedural rights at will.
  4. Intervention automatically proves the class suit invalid.
  5. Only the opposing party can protect the class member’s interest.

Legal references

  • Rules of Court, Rule 3 Sections 12-15 and 19, unchanged provisions read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
  • 2019 Amendments to Civil Procedure, Rules 2-4 and relevant Rule 10 Section 3, current operative provisions: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html

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