Bacalso Vs Paligos

ROSENDO BACALSO, RODRIGO BACALSO, MARCILIANA B.
DOBLAS, TEROLIO BACALSO, ALIPIO BACALSO, JR., MARIO

BACALSO, WILLIAM BACALSO, ALIPIO BACALSO III and
CRISTITA B. BAES, vs. MAXIMO PADIGOS, FLAVIANO
MABUYO, GAUDENCIO PADIGOS, DOMINGO PADIGOS,
VICTORIA P. ABARQUEZ, LILIA P. GABISON, TIMOTEO
PADIGOS, PERFECTO PADIGOS, PRISCA SALARDA, FLORA
GUINTO, BENITA TEMPLA, SOTERO PADIGOS, ANDRES
PADIGOS, EMILIO PADIGOS, DEMETRIO PADIGOS, JR.,
WENCESLAO PADIGOS, NELLY PADIGOS, EXPEDITO
PADIGOS, HENRY PADIGOS and ENRIQUE P. MALAZARTE
DOCTRINE
The absence then of an indispensable party renders all

subsequent actions of a court null and void for want of authority
to act, not only as to the absent party but even as to those
present.
FACTS
The case at bar involves a parcel of land identified as Lot

No. 3781 (the lot) located in Inayawan, Cebu, covered by Original
Certificate of Title No. RO-2649 (0-9092) in the name of the
following 13 co-owners. Maximo Padigos (Maximo), Flaviano
Mabuyo (Flaviano), Gaudencio Padigos (Gaudencio), Domingo
Padigos (Domingo), and Victoria P. Abarquez (Victoria), who are
among the herein respondents, filed before RTC Cebu, a
Complaint against Rosendo Bacalso (Rosendo) and Rodrigo
Bacalso (Rodrigo) who are among the herein petitioners, for
quieting of title, declaration of nullity of documents, recovery of
possession, and damages.
Respondents alleged that the therein defendants-
petitioners Rosendo and Rodrigo are heirs of Alipio Bacalso, Sr.
(Alipio, Sr.) who, during his lifetime, secured Tax Declaration
covering the lot without any legal basis; 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..
In their Answer, petitioners Rosendo and Rodrigo claimed
that their father Alipio, Sr. purchased via deeds of sale the shares
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.
Gaudencio, Maximo, Flaviano, Domingo, and Victoria, with
leave of court, filed an Amended Complaint impleading as
additional defendants Alipio, Sr.'s other heirs, and a Second
Amended Complaint with leave of court, 14 impleading as
additional plaintiffs the other heirs of registered co-owner
Maximiano.
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 19 was thereafter filed with
leave of court 20 impleading as additional plaintiffs the heirs of
Wenceslao.
RTC Ruled in favor of plaintiffs(herein respondents) and declared

the Deed of Absolute Sale as void, and possession and ownership
of lot to plaintiffs.
Court of Appeals affirmed the trial court's decision. MFR

denied.
Petitioners filed for Review on Certiorari, faulting the
Court of Appeals in ruling that the Second Amended
Complaint was valid and legal even if not all
indispensable parties are impleaded or joined.
ISSUE1: Is the CA ruling null and void for failure of the
complainants/respondents to implead indispensable parties?
Yes.
ISSUE2:Whether or not Padigos et. al.s claim is barred by laches?Yes.
HELD1: Yes.
Respondents admit that Teodulfo Padigos (Teodulfo), an heir of
Simplicio, was not impleaded. 32 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". 33
Respondents' contention does not lie. The action is for
quieting of title, declaration of nullity of documents, recovery of
possession and ownership, and damages. Arcelona v. Court of
Appeals 34 defines indispensable parties under Section 7 of Rule 3,
Rules of Court as follows:
[P]arties-in-interest without whom there can be no final
determination of an action. As such, they must be joined
either as plaintiffs or as defendants. The general rule with
reference to the making of parties in a civil action requires,
of course, the joinder of all necessary parties where
possible, and the joinder of all indispensable parties under
any and all conditions, their presence being a sine qua
non for the exercise of judicial power. It is precisely "when
an indispensable party is not before the court (that) the
action should be dismissed." The absence of an
indispensable party renders all subsequent actions of the
court null and void for want of authority to act, not only as
to the absent parties but even as to those present.
Petitioners are co-owners of a fishpond . . . The fishpond is
undivided; it is impossible to pinpoint which specific portion
of the property is owned by Olanday, et. al. and which
portion belongs to petitioners. . . . Indeed, petitioners
should have been properly impleaded as indispensable
parties. . . .
xxx xxx xxx 35 (Underscoring supplied)
The absence then of an indispensable party renders all

subsequent actions of a court null and void for want of authority
to act, not only as to the absent party but even as to those
present.
Failure to implead indispensable parties aside, the
resolution of the case hinges on a determination of the
authenticity of the documents on which petitioners in part
anchor their claim to ownership of the lot.
HELD. YES. Respondents are guilty of laches.
AT ALL EVENTS, respondents are guilty of laches the
negligence or omission to assert a right within a reasonable time,
warranting a presumption that the party entitled to assert it has
either abandoned it or declined to assert it. 65 While, by express
provision of law, no title to registered land in derogation of that
of the registered owner shall be acquired by prescription or
adverse possession, it is an enshrined rule that even a registered
owner may be barred from recovering possession of property by
virtue of laches. 66
WHEREFORE, the petition is GRANTED. The September 6,
2005 decision of the Court of Appeals is REVERSED and SET
ASIDE. Civil Case No. CEB-17326 of Branch 16 of the Regional Trial
Court of Cebu City is DISMISSED.

Bacalso Vs Paligos

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Bacalso Vs Paligos

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ROSENDO BACALSO, RODRIGO BACALSO, MARCILIANA B.

DOBLAS, TEROLIO BACALSO, ALIPIO BACALSO, JR., MARIO

The absence then of an indispensable party renders all

The case at bar involves a parcel of land identified as Lot

RTC Ruled in favor of plaintiffs(herein respondents) and declared

Court of Appeals affirmed the trial court's decision. MFR

xxx xxx xxx 35 (Underscoring supplied)

The absence then of an indispensable party renders all

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