2019 Remedial Law, Q2

Ms. A filed a complaint for damages against Ms. B, alleging that Ms. B negligently caused the demolition of her house’s concrete fence, the top half of which fell on the front portion of Ms. A’s car and permanently damaged its engine. In her answer, Ms. B denied any personal liability for the damage caused to Ms. A’s car, averring that she merely acquiesced to the advice of her contractor, XYZ Construction Co., to have the concrete fence demolished. Thus, damages, if any, should be collected from it.
Thereafter, Ms. A filed a motion for judgment on the pleadings, alleging that Ms. B’s statement in her answer is actually a negative pregnant. Ms. B opposed the motion, reiterating her defense in her answer which purportedly rendered judgment on the pleadings improper. Ms. B also moved for the dismissal of the case on the ground of non-joinder of XYZ Construction Co., which she alleged is an indispensable party to the case.
(a) Is Ms. A’s motion for judgment on the pleadings proper? Explain. (3%)
(b) Is XYZ Construction Co. an indispensable or a necessary party? Explain. (3%)
(c) Assuming that XYZ Construction Co. is an indispensable party, is its non-joinder a ground for the dismissal of the case? Explain. (3%)

Quick check

When is a motion for judgment on the pleadings proper under Rule 34 of the Rules of Court?

What distinguishes an indispensable party from a necessary party under Rule 3?

What is the character of liability among joint tortfeasors in a quasi-delict case?

What action should a court take when an indispensable party is omitted from the complaint?

Under Section 11, Rule 3 of the Rules of Court, what is the effect of non-joinder of a party?

Learn more about these topics

1. Judgment on Pleadings
Under Rule 34 of the Rules of Court, a judgment on the pleadings is proper only when an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading. Where the defendant's answer specifically denies the material allegations of negligence or raises an affirmative defense that transfers or shares liability, it successfully tenders a genuine factual issue. In such instances, a summary or judgment on the pleadings cannot be rendered, and a full trial on the merits must be conducted to evaluate the evidence presented by both litigants.

2. Necessary vs Indispensable
Under Rule 3 of the Rules of Court, an indispensable party is one whose interest in the controversy is such that a final decree cannot be made without affecting that interest, or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. In contrast, a necessary party ought to be joined if complete relief is to be accorded as to those already parties. In quasi-delict cases, joint tortfeasors are solidarily liable; hence, a contractor is merely a necessary party, not an indispensable one.

3. Non-Joinder of Parties
Section 11, Rule 3 of the Rules of Court explicitly provides that neither misjoinder nor non-joinder of parties is a ground for the dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. If an indispensable party is omitted, the court's proper course of action is to order the inclusion of said party. Dismissal is warranted only if the plaintiff refuses to comply with the court's order to join the omitted party.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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