Mandatory joinder of indispensable parties
By definition, an indispensable party is a party-in-interest without whom no final determination can be had of an action, and who shall be joined either as plaintiffs or defendants.[1] It is a party whose interest will be affected by the court's action in the litigation.[2]
The joinder of indispensable parties is mandatory. The presence of indispensable parties is necessary to vest the court with jurisdiction, which is the authority to hear and determine a cause, the right to act in a case. Thus, without the presence of indispensable parties to a suit or proceeding, judgment of a court cannot attain real finality.[3]
[1] Rules of Court, Rule 3, Section 7.
[2] Divinagracia v. Parilla, et al., 755 Phil. 783, 789 (2015).
[3] 653 Phil. 396 (2010) at 404.
The joinder of indispensable parties is mandatory. The presence of indispensable parties is necessary to vest the court with jurisdiction, which is the authority to hear and determine a cause, the right to act in a case. Thus, without the presence of indispensable parties to a suit or proceeding, judgment of a court cannot attain real finality.[3]
[1] Rules of Court, Rule 3, Section 7.
[2] Divinagracia v. Parilla, et al., 755 Phil. 783, 789 (2015).
[3] 653 Phil. 396 (2010) at 404.
