GR L 4612; (March, 1910) (Digest)
G.R. No. L-4612
PABLO RALLONZA, ET AL., plaintiffs-appellants, vs. TEODORO EVANGELISTA, ET AL., defendants-appellees.
March 21, 1910
FACTS:
Pablo Rallonza, et al. (plaintiffs-appellants) filed a suit for the recovery of land against Teodoro Evangelista, et al. (defendants-appellees). The plaintiffs alleged that both groups were so numerous that it was impracticable for all to appear, and thus Pablo Rallonza and Teodoro Evangelista were designated to represent their respective groups, invoking Section 118 of the Code of Civil Procedure. The trial proceeded with only Rallonza and Evangelista appearing. The Court of First Instance (CFI) found it impossible to determine the true owners due to a lack of evidence regarding the original owner, his heirs, alleged land divisions, and the specific parcels pertaining to each party. The CFI thus acquitted the defendant. The plaintiffs appealed.
ISSUE:
Can an action for the recovery of property be properly prosecuted under Section 118 of the Code of Civil Procedure, which allows one or more parties to sue or defend for the benefit of many when they are too numerous to appear?
RULING:
No. The Supreme Court ruled that Section 118 of the Code of Civil Procedure does not apply to actions for the recovery of property. This class of actions must always be promoted by the interested parties themselves, in the name of all and each one of them, to ensure a complete settlement of the questions in litigation (as required by Section 114 of the Code of Civil Procedure). A person claiming entitlement to property cannot be ignorant of his co-owners, if any, and cannot neglect to make them parties merely because they are numerous, especially if they are personally known. The representation made by Pablo Rallonza and Teodoro Evangelista for their respective co-owners was declared illegal and could not bind them. Consequently, the trial was deemed “essentially null and void from the beginning” due to improper prosecution. The CFI judgment was set aside, and a new trial was ordered, requiring all interested parties to the lands in question to be properly joined as parties.