Josephine Marmo v. Moises O. Anacay

Summary

This Supreme Court case involved a petition for review challenging the Court of Appeals' dismissal of a certiorari petition regarding the joinder of indispensable parties. The underlying dispute concerned property owned by respondent Moises Anacay and his deceased wife, where petitioners sought dismissal claiming Anacay's children as co-owners were indispensable parties. The Supreme Court denied the petition, holding that denial of a motion to dismiss is an interlocutory order not subject to appeal or certiorari absent grave abuse of discretion. The Court ruled that respondent's children were not indispensable parties under the Rules of Court because the falsification claim was personal to the respondent and his wife, could be resolved without the children's participation, and the suit benefited all co-owners. The decision clarified that co-owners need not be impleaded when a suit is brought without repudiating co-ownership, applying Article 487 of the Civil Code regarding co-owners' rights to bring ejectment actions.