You are on page 1of 5

July 11, 2015

1. What is the result if an indispensable party is not impleaded


in a suit?[1]
2. In a declaratory relief proceeding, what is the effect of the
failure to include as defendant a party who would be adversely
affected by the declaratory judgment of the court?[2]
3. What is the test for determining whether a party is an
indispensable party or not?[3]
4.

Give examples of indispensable parties.[4]

5. D obtained a car loan from a car dealer evidenced by a


promissory note and secured by a chattel mortgage over the car
executed by D in favor of the car dealer. The note and the chattel
mortgage were assigned by the car dealer to BA Finance. D
defaulted in the payment of the loan. BA Finance learned later on
that the car was in the possession of F. BA Finance filed an action
for replevin against F to recover the car. D was not impleaded. Is
D an indispensable party?[5]
6. In the preceding problem, assume that BA Finance filed the
replevin action against D without impleading F. Is F an
indispensable party?[6]
7.

Give examples of necessary parties.[7]

8. Quirino and Milagros are co-owners of a credit extended to


the spouses Carandang. Quirino sued the spouses Carandang.
The spouses Carandang filed a motion to dismiss on the ground
that an indispensable party, Milagros, was not impleaded as a coplaintiff. The Spouses Carandangcontend that a co-owner is an
indispensable party. Should the motion to dismiss be granted?[8]
9. D, E, and F are solidarily indebted to P for P90,000. P files a
collection case against D only. Are E and F indispensable parties?
[9]
10. In an action to foreclose a real estate mortgage, is the junior
mortgagee an indispensable party?[10]
11. Is a solidary co-debtor a necessary party?[11]
12. Is a joint debtor a necessary party?[12]
13. D,E and F are jointly indebted to C in the amount of
P9,000,000. C files a collection suit against D for the amount of
P3,000,000. The complaint alleges that D, E and F are jointly
indebted to C but that C is only suing D in order to avoid

additional factual issues which would just prolong the trial. D files
a motion to dismiss on the ground that C did not implead E and F.
a) Should the motion to dismiss be granted? Assume that the
motion to dismiss was not granted. The court however ordered C
to implead E and F.[13] Explain.
b) Is the order of the court proper?[14] Explain.
c) Assume that C did not comply with the court order. May the
court dismiss the case? Assume that the court continued trying
the case despite Cs non-compliance with its order. The court
rendered judgment in favor of C against D for P3,000,000. The
judgment became final. Subsequently C filed a case against E for
collection of P3,000,000.[15]
d) If you were Es counsel, what would you do?[16]
14. A passenger bus collided with a tricycle resulting in damage
to the tricycle and injuries to its driver. The Plaintiff tricycle driver
filed a case for damages against the bus owner alone but did not
implead the bus driver as defendant. Judgment was rendered in
favor of the plaintiff. The defendant bus owner argues that the
judgment was void for failure to implead the bus driver as an
indispensable party. Is the judgment void?[17]
15. Fimarco mortgaged its heavy equipment to the DBP. DBP
assigned the mortgage to APT. Subsequently P filed a suit against
Filmarco for recovery of a parcel of land in which the mortgaged
equipment was located. A final and executory judgment was
rendered in favor of P. The APT then filed an action to annul the
judgment. It argued that it was an indispensable party and
should have been impleaded in the suit filed by P against
Filmarco. Should the judgment be annulled?[18]
16. P filed an action with the RTC to nullify the TCT of A. There
was an existing registered mortgage over the TCT if favor of
Metrobank. The bank was however not impleaded in the
cancellation suit. The court rendered judgment cancelling the TCT.
The judgment became final and executor. Can the bank file an
action to annul the judgment of the RTC? If so in what court
should the bank file the action?[19]
17. An impostor (Oliver 1) mortgaged the property of Oliver 2 to
Chinabank misrepresenting that she is the real Oliver. Oliver 2
filed an action in the RTC against the bank seeking to nullify the
mortgage on the ground that shes the real Oliver. Oliver 2 did not
implead Oliver 1. Chinabank filed a motion to dismiss on the
ground of non-joinder of an indispensable party. The trial court

denied the motion to dismiss. Instead of filing an answer,


Chinabank filed a special civil action with the CA to set aside the
Judges order denying its motion to dismiss. Meanwhile for failure
of Chinabank to answer within the reglementary period it was
declared in default by the trial court and Oliver 2 allowed to
present evidence ex parte.
a. Did the trial court properly deny Chinabanks motion to
dismiss?[20]
b. Did the trial court properly declare Chinabank in default?[21]
18. P filed with the RTC an action to annul the issuance of an OCT
registered in the name of A (deceased). P did not however
implead the heirs of A. A judgment in favor of P annulling the
OCT was rendered by the RTC. The heirs of A then filed with the
RTC of Lapu-Lapu City an action to annul the judgment nullifying
the OCT.
a. In an action to annul an OCT issued in the name of the
registered owners, are the heirs of such registered owner
indispensable parties?[22]
b. Should the RTC grant the action to annul the judgment?[23]
19. P files an action with the RTC of Las Pinas City, Branch 170, to
recover a parcel of land co-owned by D. P however did not
implead in his complaint E and F, the co-owners of the land. The
RTC rendered a judgment in favor of P ordering the reconveyance
of the land to P. No appeal having been filed the judgment
became final and executor on 10 January 2004 and was entered
in the book of entries of judgment on the same day. E and F
learned of the judgment on 10 March 2004 and on 15 March 2004
they filed a petition for relief from the judgment with Branch 170
of the Las Pinas RTC. P filed an answer seeking the dismissal of
the petition for relief.
a. If you were the judge, would you dismiss the petition for relief?
[24]
b. If the dismissal of the petition for relief was proper, what was
the appropriate action that E and F should have availed of and in
what court should they have filed the same?[25]
20. Is the non-joinder of necessary or indispensable parties a
ground for a motion to dismiss?[26]
21. 7J, a service contractor, provided manpower services of Lotte
Philippines Inc. Pursuant to this, the private respondents were
assigned to provide janitorial, maintenance, and utility services to

Lotte. Lotte dispensed with the services of private respondents.


The private respondents filed a labor case against Lotte and 7J.
the labor arbiter ruled that the private respondents employer was
7J not Lotte. NLRC affirmed. The private respondents filed a
petition for certiorari with the CA against NLRC and Lotte,
insisting that Lotte is their employer but they did implead 7J. CA
ruled that Lotte was the employer not 7J and held Lottesolidarily
liable with 7J. May the CAs decision be set aside?[27]
22. Who is an unwilling co-plaintiff?[28]
23. What is the remedy if there is an unwilling co-plaintiff?[29]
24. Give examples of an unwilling co-plaintiff.[30]
25. Whose option is it to implead the unwilling co-plaintiff?[31]
26. What is a class suit?[32]
27. What are the requisites of a class suit?[33]
28. What shall the court do if it finds that the requisites of a class
suit have been met?[34]
29. May a group member who was
representative intervene in the suit?[35]

not

appointed

as

30. N Magazine published an article titled An island of fear


which wrote all alleged abuses committed by sugarcane
plantation owners against their workers. The sugarcane planters
filed a class suit for libel and damages against N. Was the filing of
a class suit proper?[36] Explain.
31. If a class suit is not proper, what is the recourse of the
defendant?[37] Explain.
32. L, in Cebu, sold a quantity of rice for P20,000 to R in Toledo,
and shipped the rice through C Transportation. R refused to pay
L, claiming that the rice was never delivered to him. C, on the
other hand, claimed that it has delivered the rice to R. whom
should L sue?[38] Explain.
33. May a defendant whose name or identity is unknown be
sued?[39] Explain.
34. May an entity without juridical personality sue as a
[40] Explain.

plaintiff?

35. May an entity without juridical personality be sued as a


defendant?[41] Explain.

36. In the complaint, is it necessary to state the names of the


persons composing the entity?[42]Explain.
37. What is the duty of a partys counsel, in case of the death of
the party?[43] Explain.
38. When would the death of the party in a pending action
extinguish the claim?[44]