Juana Complex et. al vs Fil-Estate et. al CASE DIGEST - Civil Procedure - Class Suit

Juana Complex vs Fil-Estate

Facts: Juana Complex I and other neighboring subdivisions, instituted a complaint for damages, in its own behalf and as a class suit representing the regular commuters and motorists who were deprived of the use of La Paz Road, against Fil-Estate Land, La Paz Housing & Dev Co and Warbird Security Agency.

JC constantly traveled towards the direction of Manila and Calamba; that they used the entry and exit toll gates of SLEX by passing through right-of-way public road La Paz Road; that they had been using La Paz Road for more than 10 years; that in 1998, Fil-estate ruined La Paz Road that led to SLEX so JC would not be able to pass through the said road; that La Paz Road was restored by the residents to make it passable but Fil-estate excavated the road again; that JC reported the matter to the Municipal Government but the latter failed to repair the road to make it passable; that the act of Fil- caused damage and loss of precious hours to them because traffic was re-routed to narrow streets; and that its permanent closure would not only prejudice their right to free and unhampered use of the property but would also cause great damage and irreparable injury.

Fil-Estate argued that the TRO was improperly filed as a class suit. RTC ordered Fil-Estate from stopping and intimidating JC in their use of the road. CA partly granted. It annulled the TRO for failure of JC to prove their clear and present right over the La Paz road.

Issue: WON the complaint has been properly filed as a class suit

Held: YES.

The necessary elements for the maintenance of a class suit are:

1) the subject matter of controversy is one of common or general interest to many persons;

2) the parties affected are so numerous that it is impracticable to bring them all to court; and

3) the parties bringing the class suit are sufficiently numerous or representative of the class and can fully protect the interests of all concerned.

In this case, the suit is clearly one that benefits all commuters and motorists who use La Paz Road. Moreover, the individuals sought to be represented by private respondents in the suit are so numerous that it is impracticable to join them all as parties and be named individually as plaintiffs in the complaint.