Professional Documents
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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
not
appointed
as
plaintiff?