G.R. No. 182645
In the Matter of the Heirship (Intestate Estates) of the Late Hermogenes Rodriguez, Antonio Rodriguez, Macario J. Rodriguez, Delfin Rodriguez, and Consuelo M. Rodriguez and Settlement of their Estates,
RENE B. PASCUAL,Petitioner, vs. JAIME M. ROBLES,
G.R. No. 182645
December 15, 2010
RESOLUTION
PERALTA, J.:
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The Court finds partial merit in the instant motion.
Petitioner admitted in his Comment and Opposition to Robles' Motion that in the instant petition he filed, only the CA and the RTC were impleaded as respondents.
Section 5, Rule 65 of the Rules of Court provides:
Section 5. Respondents and costs in certain cases. – When the petition filed relates to the acts or omissions of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person, the petitioner shall join as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents.
Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal parties. However, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein.[4]
In Lotte Phil. Co., Inc. v. Dela Cruz,[5] this Court ruled as follows:
An indispensable party is a party-in-interest without whom no final determination can be had of an action, and who shall be joined either as plaintiffs or defendants. The joinder of indispensable parties is mandatory. The presence of indispensable parties is necessary to vest the court with jurisdiction, which is “the authority to hear and determine a cause, the right to act in a case.” Thus, without the presence of indispensable parties to a suit or proceeding, judgment of a court cannot attain real finality. The absence of an indispensable party renders all subsequent actions of the court null and void for want of authority to act, not only as to the absent parties but even as to those present.[6]
In the case at bar, Robles is an indispensable party. He stands to be injured or benefited by the outcome of the petition. He has an interest in the controversy that a final decree would necessarily affect his rights, such that the courts cannot proceed without his presence.[7] Moreover, as provided for under the aforequoted Section 5, Rule 65 of the Rules of Court, Robles is interested in sustaining the assailed CA Decision, considering that he would benefit from such judgment. As such, his non-inclusion would render the petition for certiorari defective.[8]
Petitioner, thus, committed a mistake in failing to implead Robles as respondent.
The rule is settled that the non-joinder of indispensable parties is not a ground for the dismissal of an action.[9] The remedy is to implead the non-party claimed to be indispensable.[10] Parties may be added by order of the court on motion of the party or on its own initiative at any stage of the action and/or at such times as are just.[11] If petitioner refuses to implead an indispensable party despite the order of the court, the latter may dismiss the complaint/petition for the plaintiff’s/petitioner's failure to comply therewith.[12]
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