GR No.

154745 January 29, 2004

COMMISIONER ANDREA D. DOMINGO
Vs.
HERBERT MARKUS EMIL SCHEER
Callejo Sr., J.
FACTS:
Respondent was granted a permanent residence status card by the
Bureau of Immigration and deportation. The BID received information that
Scheer was wanted by the German Federal Police that a warrant of arrest had
been issued against him. The BID obtained custody of Scheer for
deportation proceeding. Scheer has filed a petition for certiorari, questioning
the legal standing of the immigration commissioner. He contends that the
commissioner has no authority to decide whether an alien may stay or not.
The Regional Trial Court rendered a judgment annulling the summary
deportation proceedings period. Domingo, the commissioner of the
immigration contends that the judgment is void because the board of
commissioners were not impleaded in the complaint filed.
ISSUE:
Whether or not the Board of Commissioners is an indispensable party.
HELD:
The respondent was arrested and detained on the basis of the
Summary Deportation Order of the BOC. The petitioner caused the arrest of
the respondent in obedience to the said Deportation Order. Thus, the BOC is
an indispensable party. Section 7 of Rule 3 requires indispensable parties to
be joined as plaintiffs and defendants. The joinder of indispensable parties is
mandatory. Without the presence of indispensable parties to the suit, the
judgment of the court cannot attain real finality. However, the non joinder of
indispensable parties is not a ground for the dismissal of an action. Parties
may be added by order of the court on motion of the party or on its own
initiative at any stage of the action and or such times as are just.
DISPOSITION:
In light of all the foregoing the petition is denied. The decision of the
Court of Appeals is affirmed.