Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 3
Iloilo, City

Sicilia Kape Civil Case No. 11-11111

Plaintiff,

-versus-

Spouses San Jose San Juan For: Specific Performance with Damages

Defendant.

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MOTION TO IMPLEAD THIRD PARTY DEFENDANT

COMPLAINANT, by counsel, and unto this Honorable Court, most

respectfully state:

1. On November 10, 2014, the Plaintiff filed with the Honorable Court a
complaint for the Specific Performance with Damages praying, among
others, for the Honorable Court to render judgment in favor of the plaintiff
and payment of the balance of the purchase price of THREE MILLION
PESOS plus damages.

2. On November 19, 2014, the Defendants filed their Answer with

Affirmative Defenses and Counterclaim of even date (the “Answer”). In the
said Answer, the Defendants prayed, among others, for the Honorable Court
to render judgment in favor of the defendant and reimbursement of purchase
price paid inclusive of interest plus damages.

3. However, it has recently come to the attention of the undersigned counsel

that Mr. Richard Yap y Ti (Mr. Yap) was not impleaded as a party to the
instant case. Mr. Yap is a necessary party to the case considering that it is
ought to be joined as a party for complete relief to be accorded to those
already parties, or for a complete determination or settlement of the claim
subject of the action.

4. Section 9, Rule 3 of the Rules of Court allows a necessary party to be

impleaded, thus:

“Section 9. Non-joinder of necessary parties to be pleaded. --- Whenever

in any pleading in which a claim is asserted a necessary party is not joined,
the pleader shall set forth his name, if known, and shall state why he is
omitted. Should the court find the reason for the omission unmeritorious, it
 may order the inclusion of the omitted necessary party if jurisdiction over
his person may be obtained.”

5. In the instant case, the failure to implead Mr. Yap was due to mere
inadvertence and was never intended to interpose delay in the proceedings.
From the parties’ respective pleadings, it is clear that Mr. Yap is ought to be
joined as a necessary party since it plays an essential role in shedding light
on the payment of ONE MILLION FIVE HUNDRED THOUSAND PESOS
representing as price to the Contract to Sell between the plaintiff and the
defendants.

PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully prayed

that the Honorable Court issue an order directing Mr. Richard Yap y Ti to be
impleaded as a necessary party to the instant case and be given time to file
its responsive pleading.

Other reliefs, just and equitable under the premises, are likewise prayed
for.

Iloilo City, Philippines, this 26th day of November 2014.

NOTICE OF HEARING

TO: DEUCE MONTEMAYOR

Counsel for the Defendants

GREETINGS:

Please submit the foregoing motion for the consideration and approval of
the Honorable Court on December 1, 2014 at 8:30 AM.

MARVI BLAISE M.COCHING

Copy furnished:

DEUCE MONTEMAYOR
Counsel for the Defendants
#45, Careline Building
Leganes, Iloilo City