Professional Documents
Culture Documents
were
FIL-ESTATE LAND, INC. regular commuters and motorists who
constantly travelled towards the direction of
Manila and Calamba; that they used the entry
Class Suit and exit toll gates of South Luzon Expressway
(SLEX) by passing through right-of-way public
With respect to the issue that the case was road known as La Paz Road; that they had
improperly instituted as a class suit, the Court finds been using La Paz Road for more than ten
the opposition without merit. Section 12, Rule 3 of years; that in August 1998, Fil-estate
the Rules of Court defines a class suit, as follows: excavated, broke and deliberately ruined La
Sec. 12. Class suit.— When the subject matter of Paz Road that led to SLEX so JCHA, et al.
the controversy is one of common or general would not be able to pass through the said
interest to many persons so numerous that it is road.
impracticable to join all as parties, a number of
them which the court finds to be sufficiently » JCHA, et al. also prayed for the immediate
numerous and representative as to fully protect the issuance of a Temporary Restraining Order
interests of all concerned may sue or defend for the (TRO) or a writ of preliminary injunction (WPI)
benefit of all. Any party in interest shall have the to enjoin Fil-Estate, et al. from stopping and
right to intervene to protect his individual interest. intimidating them in their use of La Paz Road
RULING: