Wednesday, November 18, 2015

Indispensable party vs. necessary party


G.R. No. 201781, December 10, 2014
ANNIE GERONIMO, SUSAN GERONIMO AND SILVERLAND ALLIANCE CHRISTIAN CHURCH*, PETITIONERS, VS. SPS. ESTELA C. CALDERON AND RODOLFO T. CALDERON, RESPONDENTS.
(Cf. The Lawyer's Post).


"x x x.

As to petitioners’ claim that they are merely necessary parties and that there must be a prior judgment directing and commanding the developer Silverland Realty & Development Corporation to enforce its contractual obligations, we are not convinced.

Respondents have sued not only the petitioners but also the developer corporation and the homeowners’ association. That Silverland Realty & Development Corporation and Silverland Village 1 Homeowners Association did not file their answer, did not divest the HLURB of jurisdiction over the case. We agree with respondents that petitioners are indispensable parties for they were the ones who built and operate the church inside the subdivision and without them no final determination can be had of the action. Petitioners are the ones who will be affected by the judgment. In fact, they are the ones who are prohibited from using the subject property as a church.

x x x."

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