VII.

NO. Pursuant to Section 5, Rule 2 of the 1997 Rules of Civil Procedure, the following are the requisites for Joinder of Causes of Action: 1. The party joining the causes of action must comply with the rules of joinder of parties. The following are the elements for a joinder of parties (Sec.6, Rule 3): a. A right to relief in respect to or arising out of the same transaction or series of transactions; and b. A common question of law or fact. 2. The joinder shall not include special civil actions or actions governed by special rules; 3. Where the causes of action are between the same parties but pertain to different venues or jurisdictions, jurisdiction is with the RTC, provided that one of the causes of action falls within the jurisdiction of the RTC and the venue lies therein. 4. Where the claims in the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. In the case at bar, it was improper for Ricky to incorporate in his complaint his action against Perry for the collection of the latters P100,000.00 loan because his complaint against Perry and Martin in the RTC of Tacloban for Partition of the property is a Special Civil Action governed by Rule 69 of the Rules of Court. One of the elements for Joinder of Causes of Action is that the Joinder shall not include special civil actions or actions governed by special rules. Furthermore, Rickys action for partition and collection of sum of money does not arise out of the same transaction or series of transactions and does not involve a common question of law or fact. Perry alone obtained the loan and Martin was not a privy to such transaction. Clearly, such complaint does not comply with the requisites for Joinder of Causes of Action prescribed by law.