Joinder & Misjoinder of Causes of Actions

[1] Joinder of causes of action is the assertion of as many causes of action as a party may have against another in one pleading alone (Sec. 5, Rule 2). It is the process of uniting two or more demands or rights of action in one action, subject to the following conditions:

          (a) The party joining the causes of action shall comply with the rules on joinder of parties;
          (b) The joinder shall not include special civil actions governed by special rules;
          (c) Where the cause of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and
          (d) Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction (totality rule).
[2] Restrictions on joinder of causes of action are: jurisdiction, venue, and joinder of parties. The joinder shall not include special civil actions or actions governed by special rules.
[3] When there is a misjoinder of causes of action, the erroneously joined cause of action can be severed or separated from the other cause of action upon motion by a party or upon the court‘s own initiative. Misjoinder of causes of action is not a ground for the dismissal of the case.