ATTY. SYLVIA BANDA v. EDUARDO R.
ERMITA (D) jurat as having duly subscribed the petition before the notary public. In other words, only 20
G.R. No. 166620. April 20, 2010
FACTS:
July 25, 1987, the National Printing Office (NPO) was formed, during the term of former
President Corazon C. Aquino (President Aquino), by virtue of EO 285 which provided, the
creation of the NPO from the merger of the Government Printing Office and the relevant printing
units of the Philippine Information Agency (PIA).
October 25, 2004, President Arroyo issued the herein assailed EO 378, amending Sec 6 of EO 285,
removing the exclusive jurisdiction of the NPO over the printing services requirements of
government agencies and instrumentalities.
o Pursuant to EO 378, government agencies and instrumentalities are allowed to source their
printing services from the private sector through competitive bidding, subject to the condition
that the services offered by the private supplier be of superior quality and lower in cost
compared to what was offered by the NPO. EO 378 also limited NPO's appropriation in the
General Appropriations Act to its income.
Perceiving EO 378 as a threat to their security of tenure as employees of the NPO, petitioners now
challenge its constitutionality, contending that:
o it is beyond the executive powers of President Arroyo to amend or repeal EO 285 issued by
former President Aquino when the latter still exercised legislative powers; and
o EO 378 violates petitioners' security of tenure, because it paves the way for the gradual
abolition of the NPO.
HELD:
Before proceeding to resolve the substantive issues, the Court must first delve into a procedural
matter. Since petitioners instituted this case as a class suit, the Court, thus, must first determine if the
petition indeed qualifies as one.
In Board of Optometry v. Colet, we held that "[c]ourts must exercise utmost caution before allowing
a class suit, which is the exception to the requirement of joinder of all indispensable parties. For
while no difficulty may arise if the decision secured is favorable to the plaintiffs, a quandary would
result if the decision were otherwise as those who were deemed impleaded by their self-appointed
representatives would certainly claim denial of due process."
Sec. 12. Class suit. When the subject matter of the controversy is one of common or general
interest to many persons so numerous that it is impracticable to join all as parties, a number of them
which the court finds to be sufficiently numerous and representative as to fully protect the interests
of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to
intervene to protect his individual interest.
From the foregoing definition, the requisites of a class suit are:
o the subject matter of controversy is one of common or general interest to many persons;
o the parties affected are so numerous that it is impracticable to bring them all to court; and
o the parties bringing the class suit are sufficiently numerous or representative of the class and
can fully protect the interests of all concerned.
An action does not become a class suit merely because it is designated as such in the pleadings.
Whether the suit is or is not a class suit depends upon the attending facts, and the complaint, or other
pleading initiating the class action should allege the existence of the necessary facts, to wit, the
existence of a subject matter of common interest, and the existence of a class and the number of
persons in the alleged class, in order that the court might be enabled to determine whether the
members of the class are so numerous as to make it impracticable to bring them all before the court,
to contrast the number appearing on the record with the number in the class and to determine
whether claimants on record adequately represent the class and the subject matter of general or
common interest.
A perusal of the petition itself would show that of the 67 petitioners who signed the
Verification/Certification of Non-Forum Shopping, only 20 petitioners were in fact mentioned in the
petitioners effectively instituted the present case
In MVRS Publications, Inc. v. Islamic Da'wah Council of the Philippines, Inc., we observed that an
element of a class suit or representative suit is the adequacy of representation. In determining the
question of fair and adequate representation of members of a class, the court must consider
o whether the interest of the named party is coextensive with the interest of the other members of
the class;
o the proportion of those made a party, as it so bears, to the total membership of the class; and
o any other factor bearing on the ability of the named party to speak for the rest of the class.
In Ibaes v. Roman Catholic Church that where the interests of the plaintiffs and the other members
of the class they seek to represent are diametrically opposed, the class suit will not prosper.
There is here an apparent conflict between petitioners' interests and those of the persons whom they
claim to represent. Since it cannot be said that petitioners sufficiently represent the interests of the
entire class, the instant case cannot be properly treated as a class suit.
ROGER V. NAVARRO v. HON. JOSE L. ESCOBIDO (D)
G.R. No. 153788. November 27, 2009
FACTS:
September 12, 1998, respondent Karen T. Go filed two complaints, before the RTC for replevin
and/or sum of money with damages against Navarro. In these complaints, Karen Go prayed that the
RTC issue writs of replevin for the seizure of two (2) motor vehicles in Navarro's possession.
o The second complaint contained essentially the same allegations as the first complain and also
alleged that Navarro delivered three post-dated checks, each for the amount of P100,000.00,
to Karen Go in payment of the agreed rentals; however, the third check was dishonored when
presented for payment
October 12, 1998 and October 14, 1998, the RTC issued writs of replevin for both cases; as a result,
the Sheriff seized the two vehicles and delivered them to the possession of Karen Go.
o In his Answers, Navarro alleged that the two complaints stated no cause of action, since
Karen Go was not a party to the Lease Agreements with Option to Purchase
May 8, 2000 RTC dismissed the case on the ground that complaints did not state a cause of action
May 26, 2000, Karen Go filed motion for reconsideration.
July 26, 2000 RTC issued another order setting aside the order of dismissal.
o Acting on the presumption that Glenn Go's leasing business is a conjugal property, RTC held
that Karen Go had sufficient interest in his leasing business to file the action against Navarro.
o However, the RTC held that Karen Go should have included her husband, Glenn Go, in the
complaint based on Section 4, Rule 3 of the Rules of Court (Rules). Thus, the lower court
ordered Karen Go to file a motion for the inclusion of Glenn Go as co-plaintiff.
March 7, 2001, RTC denied Navarro's motion for reconsideration, Navarro filed a petition for
certiorari with the CA, essentially contending that the RTC committed grave abuse of discretion
when it reconsidered the dismissal of the case and directed Karen Go to amend her complaints by
including her husband Glenn Go as co-plaintiff.
o According to Navarro, a complaint which failed to state a cause of action could not be
converted into one with a cause of action by mere amendment or supplemental pleading.
October 16, 2001, CA denied Navarro's petition and affirmed the RTC's order.
May 29, 2002, CA also denied Navarro's motion for reconsideration in its resolution,

HELD:
Non-joinder of indispensable parties not ground to dismiss action
o As we stated in Macababbad v. Masirag, Rule 3, Section 11 of the Rules of Court provides that
neither misjoinder nor nonjoinder of parties is a ground for the dismissal of an action.
o In Domingo v. Scheer, this Court held that the proper remedy when a party is left out is to
implead the indispensable party at any stage of the action. The court, either motu proprio or
upon the motion of a party, may order the inclusion of the indispensable party or give the
plaintiff opportunity to amend his complaint in order to include indispensable parties. If the
plaintiff to whom the order to include the indispensable party is directed refuses to comply
with the order of the court, the complaint may be dismissed upon motion of the defendant or
upon the court's own motion. Only upon unjustified failure or refusal to obey the order to
include or to amend is the action dismissed.
ROSENDO BACALSO v. MAXIMO PADIGOS,
G.R. No. 173192. April 18, 2008.
Petitioners contended that the Second Amended Complaint should be dismissed in view of the
failure to implead other heirs of the other registered owners of the lot who are indispensable parties.
A Third Amended Complaint was thereafter filed with leave of court impleading as additional
plaintiffs the heirs of Wenceslao, namely, herein respondents Demetrio Padigos, Jr., Wenceslao
Padigos, and Nelly Padigos, and the heirs of Felix, namely, herein respondents Expedito Padigos
(Expedito), Henry Padigos, and Enrique P. Malazarte.
After trial, Branch 16 of the Cebu City RTC decided in favor in the therein plaintiffs-herein
respondents.
The defendants-herein petitioners Bacalsos appealed. Meanwhile, the trial court, on respondents'
Motion for Execution Pending Appeal, issued a writ of execution which was implemented by, among
other things, demolishing the houses constructed on the lot.
September 6, 2005, the Court of Appeals affirmed the trial court's decision. Their Motion for
Reconsideration having been denied.
Respondents admit that Teodulfo Padigos (Teodulfo), an heir of Simplicio, was not
impleaded. They contend, however, that the omission did not deprive the trial court of jurisdiction
because Article 487 of the Civil Code states that "[a]ny of the co-owners may bring an action in
ejectment

FACTS: ISSUE:
April 17, 1995, Maximo Padigos (Maximo), Flaviano Mabuyo (Flaviano), Gaudencio Padigos
(Gaudencio), Domingo Padigos (Domingo), and Victoria P. Abarquez (Victoria), filed before the
Regional Trial Court (RTC) of Cebu City, a Complaint against Rosendo Bacalso (Rosendo) and
Rodrigo Bacalso (Rodrigo) for quieting of title, declaration of nullity of documents, recovery of
possession, and damages.
o Maximo and Flaviano claimed that they are children of the deceased co-owner Simplicio; that
respondents Gaudencio and Domingo are children of the deceased co-owner Ignacio; and that
respondent Victoria and respondent Lilia P. Gabison (Lilia) are grandchildren of the late co-
owner Fortunata.
o Respondents also alleged that the therein petitioners Rosendo and Rodrigo are heirs of Alipio
Bacalso, Sr. (Alipio, Sr.) who, during his lifetime, secured Tax Declaration Nos. L-078-
02223 and L-078-02224 covering the lot without any legal basis;
o that Rosendo and Rodrigo have been leasing portions of the lot to persons who built houses
thereon, and Rosendo has been living in a house built on a portion of the lot; and
o that demands to vacate and efforts at conciliation proved futile, prompting them to file the
complaint at the RTC.
Petitioners Rosendo and Rodrigo claimed that their father Alipio, Sr. purchased via deeds of sale
the shares in the lot of Fortunata, Simplicio, Wenceslao, Geronimo, and Felix from their
respective heirs, and that Alipio, Sr. acquired the shares of the other co-owners of the lot by
extraordinary acquisitive prescription through continuous, open, peaceful, and adverse possession
thereof in the concept of an owner since 1949
Respondents Gaudencio, Maximo, Flaviano, Domingo, and Victoria, by way of Reply and Answer
to the Defendants' Counterclaim, alleged that the deeds of sale on which Rosendo and Rodrigo base
their claim of ownership of portions of the lot are spurious, but assuming that they are not, laches
had set in against Alipio, Sr.; and that the shares of the other co-owners of the lot cannot be acquired
through laches or prescription.
Gaudencio, Maximo, Flaviano, Domingo, and Victoria, with leave of court, filed an Amended
Complaint impleading as additional defendants Alipio, Sr.'s other heirs, namely, petitioners
Marceliana Doblas, Terolio Bacalso, Alipio Bacalso, Jr., Mario Bacalso, William Bacalso, Alipio
Bacalso III, and Christine B. Baes.
o Still later, Gaudencio et al. filed a Second Amended Complaint with leave of
court, impleading as additional plaintiffs the other heirs of registered co-owner Maximiano,
namely, herein respondents Timoteo Padigos, Perfecto Padigos, Frisca Salarda, Flora
Quinto (sometimes rendered as "Guinto"), Benita Templa, Sotero Padigos, Andres Padigos,
and Emilio Padigos.