BORLAZA vs.

POLISTICO
 Turuhan Polistico & Co.

Vicente Polistico
(president and treasurer)
• An action was instituted by Victoriano Borlasa and others against
Vicente Polistico and others, chiefly for the purpose of securing the
dissolution of a voluntary association named Turuhan Polistico & Co.,
and to compel the defendants to account for and surrender the
money and property of the association in order that its affairs may be
liquidated and its assets applied according to law.
• Vicente Polistico and others raised the question of lack of parties and
set out a list of some hundreds of persons whom they alleged should
be brought in as parties.

• The court made an order requiring the plaintiffs to amend their

complaint within a stated period so as to include all of the members
of the Turnuhan Polistico & Co. either as plaintiffs or defendants.
ISSUE
• Is there a need to amend the complaint as to include all the
members of Turuhan Polistico & Co. as parties?

NO
Ruling
• Section 12. Class suit. — When the subject matter of the controversy
is one of common or general interest to many persons so numerous
that it is impracticable to join all as parties, a number of them which
the court finds to be sufficiently numerous and representative as to
fully protect the interests of all concerned may sue or defend for the
benefit of all. Any party in interest shall have the right to intervene to
protect his individual interest.
Ruling
• The following are the conditions for a valid class suit
1. The subject matter of the controversy is one of common or general interest
to many persons.
• securing the dissolution of a voluntary association
• compel the defendants to account for and surrender the money and property of the
association

2. The parties are so numerous that it is impracticable to join all as parties

• it would be impossible to require all of the members of the association to be joined as
parties as it would be tantamount to a denial of justice
• In a class suit, representation of a class interest which will be affected
by the judgment is indispensable; but it is not indispensable to make
each member of the class an actual party.