Laws & Jurisprudence
TOTALITY RULE
12:39 AM
Sec. 33 of B.P.129, as further explained by R.A. 7691 and Administrative Circular No. 09-94, Where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the claims of action, irrespective of whether the causes of action arose out of the same or different transactions. (Sec. 33[1], i.d.)
The totality rule applies only if the main cause of action is for sum of money or damages; if not, then the totality rule does not apply. Totality rule does not apply if such are merely incidental to or a consequence of the main action.
The totality rule applies only if the main cause of action is for sum of money or damages; if not, then the totality rule does not apply. Totality rule does not apply if such are merely incidental to or a consequence of the main action.
The Totality Rule is applicable in the following cases:
1. In the actions where the jurisdiction of the court is dependent on the amount involved, the test of jurisdiction shall be the aggregate sum of all the money demands, exclusive only of interest and costs, irrespective of whether or not the separate claims are owned by or due to different parties. Id any demand is for damages in a civil action, the amount thereof must be specifically alleged;
2. Cases where there are two or more plaintiffs having separate causes of action against two or more defendants joined in a complaint.
It must be noted that this rule applies under the condition that the causes of action in favor of the two or more plaintiffs or against two or more defendants should arise out of the same or series of transactions and there should be common question of law or fact. (Flores vs. Mallari-Philipps, Gr. No. L-66620)
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