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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
LIPA CITY, BRANCH 95

KERWIN M. DOMINGUEZ, ET. AL.,


Plaintiffs,
Civil Case No. 00780-2014
For: Recovery of Real Property
with Damages
-versusLIRDES RESIANA, ET. AL.,
Defendants
x-----------------------------------------------x

MOTION TO IMPLEAD
THIRD PARTY DEFENDANT
DEFENDANTS, by counsel, and unto this Honorable Court,
most respectfully state:
1. On 10 November 2014, the Plaintiffs filed with the Honorable Court a
complaint for the Recovery of Real Property with Damages dated 08
September 2014 praying, among others, for the Honorable Court to
issue an order directing the Defendants to vacate and turn-over the
possession of parcel of land described as Cadastral Lot No. 10038
covered by ARPN No. AB-02024-08706 issued by the City Assessor
of Lipa City.
2. On 28 November 2014, the Defendants filed their Answer with Motion
to Dismiss and Counterclaim of even date (the Answer). In the said
Answer, the Defendants prayed, among others, for the Honorable
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Court to order the City Assessor of Lipa City to correct the lot number
in the tax declaration of Plaintiffs property from Lot No. 10038 to Lot
No. 10037 and in the tax declaration of the Defendants property from
Lot No. 10039 to Lot No. 10038.
3. However, it has recently come to the attention of the undersigned
counsel that the Office of the City Assessor of Lipa City (the City
Assessors Office) was not impleaded as a party to the instant case.
The City Assessors Office is a necessary party to the case
considering that it is ought to be joined as a party for complete relief
to be accorded to those already parties, or for a complete
determination or settlement of the claim subject of the action. 1
4. Section 9, Rule 3 of the Rules of Court allows a necessary party to be
impleaded, thus:
Section 9. Non-joinder of necessary parties to be
pleaded. Whenever in any pleading in which a claim is
asserted a necessary party is not joined, the pleader shall
set forth his name, if known, and shall state why he is
omitted. Should the court find the reason for the omission
unmeritorious, it may order the inclusion of the omitted
necessary party if jurisdiction over his person may be
obtained.
5. In the instant case, the failure to implead the City Assessors Office
was due to mere inadvertence and was never intended to interpose
delay in the proceedings. From the parties respective pleadings, it is
clear that the City Assessors Office is ought to be joined as a
necessary party since it plays an essential role in shedding light on
the erroneous designation of the parties respective tax declaration
vis--vis their respective lot numbers.
PRAYER
1 Rule 3, Section 8 of the Rules of Court.
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WHEREFORE, in view of the foregoing, it is most respectfully


prayed that the Honorable Court issue an order directing the
Honorable Office of the City Assessor of Lipa City to be impleaded as
a necessary party to the instant case and be given time to file its
responsive pleading.
Other reliefs, just and equitable under the premises, are
likewise prayed for.
San Jose, Batangas for Lipa City, Batangas, 26 July 2015.

NOTICE OF HEARING
TO THE PARTY NAMED HEREUNDER:
Please submit the foregoing Motion for hearing on ______________.
Copy furnished: