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[BONIFACIO POBRE ET AL. v. ISMAEL BLANCO](https://www.lawyerly.ph/juris/view/cf08?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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17 Phil. 156

[ G. R. No. 5458, October 05, 1910 ]

BONIFACIO POBRE ET AL., PLAINTIFFS AND APPELLEES, VS. ISMAEL BLANCO, DEFENDANT AND APPELLANT.

D E C I S I O N

JOHNSON, J.:

On the 13th of  July, 1908, Bonifacio Pobre commenced an action in the Court of First Instance of the Province of Ilocos  Norte against the defendant, Ismael Blanco, for the purpose of recovering the possession of three  parcels of land described in the first paragraph of  the complaint, together with the produce  of said land, until the termination of the  action.

To this complaint the defendant filed a general and special answer.  In the  special answer the defendant claimed that he, together with others, was  the owner of the land in question.

On the  5th  of January,  1909, the plaintiff, Bonifacio Pobre, filed an amended complaint, in which Tomasa Blanco, Engracia Blanco, and Teresa Blanco were also made plaintiffs.   The  amended complaint also  contained  parcels of land not described in the original complaint.

After hearing  the evidence adduced during the trial of the cause,  the lower court rendered a decision in favor of the plaintiffs and against the defendant,  declaring that the plaintiffs were the owners of the land in question.

After making a motion for a new trial, which was denied and an exception  taken to the ruling thereon, the defendant appealed and made several assignments of error.

From an examination of the record  brought to  this court, the fact is  disclosed that the plaintiffs  claim the land in question by virtue of inheritance from Victor Blanco and Agustina Abrenica, who were  husband and wife, both of whom  died some years before the commencement of the present action.  During the marriage  of Victor Blanco and Agustina Abrenica, there were born to them four daughters, Tomasa, Engracia, Irene and  Teresa.  Irene was married to the plaintiff,  Bonifacio Pobre.  Bonifacio Pobre  and Irene,  during their  marriage  had three children,  called Isidro, Pedro and Prudencia.   Irene died before the commencement of the present action.  The record does not show the date of her death.  Bonifacio Pobre, as plaintiff, represented his three children, Isidro, Pedro and Prudencia, There is nothing in  the  record which shows by what authority he was representing his minor children.  There  is nothing to show that he had been  appointed by the court as guardian  of the  estate of  such minor children.  Without such  appointment he was  without  authority to represent them in this litigation.   (Sec.  553, Code of Procedure in Civil  Actions.)   Bonifacio Pobre  admitted during the trial of the  cause  that his  intervention was  on behalf of his children.

From the amended answer of the defendant it appears that Antero de los Reyes, Alaide Duque, Estanislao Duque, Miguel Duque, Juana Quebral, Victor Blanco, Doroteo Blanco, Leoncio Blanco, Bernardino  Sadumiano, Ismael Blanco, and Victor Blanco were interested parties and were alleged to be the owners of a portion of the land in question.  When it appeared of record that there were other  persons interested in the land in question who were not parties to the action,  it was the duty of the lower court to suspend the trial until such persons were made parties,  either plaintiff or defendant.  All persons having an interest in the subject of the action and in obtaining the relief demanded shall be joined as parties, either  plaintiff or defendant.   If  those who are interested with the other plaintiffs shall refuse to join as  plaintiffs,  then such  persons should be made parties defendant.   (See sec. 114, Code of Procedure in Civil Actions,)

Under the facts as  they appear of record, it is impossible to determine who is entitled to  the land in question. The judgment of the lower court is,  therefore, hereby reversed and the record is hereby ordered to be returned to  the lower court, with  direction (if the  parties desire to continue the litigation) that all of the persons interested in the land in question be made parties either as plaintiffs or defendants, and without any finding as to costs, it is so ordered,

Arellano, C. J., Torres, Moreland, and Trent, JJ., concur.

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