Monday, September 9, 2013

INDISPENSABLE PARTIES:

   where the EJECTMENT suit IS brought by a co-owner, without repudiating the co-ownership, then the suit is presumed to be filed for the benefit of the other co-owners and may proceed without impleading the other co-owners.  the other co-ownerS are not considered as indispensable parties to the resolution of the case. On the other hand, where the co-owner repudiates the co-ownership by claiming sole ownership of the property or where the suit is brought against a co-owner, his co-owners are indispensable parties and must be impleaded as party-defendants, as the suit affects the rights and interests of these other co-owners. (MARMO vs. ANACAY, G.R. No. 182585, November 27, 2009, Second Division, Brion, J.).

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