CASE 3 COMMISIONER ANDREA D. DOMINGO Vs. HERBERT MARKUS EMIL SCHEER

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.