NAME: SCORE:

PART I – RULE 3

I.

Define Class Suit.

II.

What is the effect of the death of a party upon pending action?

III.

Francesca, a resident of Manila, filed a complaint for the partition of a large tract of land located in
Oriental Mindoro. She impleaded her two brothers Gregory and Anthony as defendants but did not
implead Hyacinth and Daphne, her two sisters who were permanent residents of London.

Arguing that there could be no final determination of the case without impleading all indispensable
parties, Gregory and Anthony moved to dismiss the complaint.

Does the trial court have a reason to deny the motion? Explain your answer. (4%)

IV.

George sued Harry for partition of a property they owned in common. Guillermo filed a motion to
dismiss the complaint because George failed to implead Charles and William, the other co-owners of
the property. As judge, will you grant the motion to dismiss? Explain. (3%)

V.

When A (buyer) failed to pay the remaining balance of the contract price after it became due and
demandable, B (seller) sued him for collection before the RTC. After both parties submitted their
respective evidence, A perished in a plane accident. Consequently, his heirs brought an action for
the settlement of his estate and moved for the dismissal of the collection suit.

Will you grant the motion? Explain. (2%)