rule3 2 navarro v escobido.docx - ROGER V NAVARRO vs HON...

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ROGER V. NAVARRO vs. HON. JOSE L. ESCOBIDO FACTS: Respondent Karen T. Go filed two complaints before the RTC for replevin and/or sum of money with damages against Navarro. In these complaints, Karen Go prayed that the RTC issue writs of replevin for the seizure of two (2) motor vehicles in Navarro’s possession. In his Answers, Navarro alleged as a special affirmative defense that the two complaints stated no cause of action, since Karen Go was not a party to the Lease Agreements with Option to Purchase (collectively, the lease agreements) — the actionable documents on which the complaints were based. RTC dismissed the case but set aside the dismissal on the presumption that Glenn Go’s (husband) leasing business is a conjugal property and thus ordered Karen Go to file a motion for the inclusion of Glenn Go as co-plaintiff as per Rule 4, Section 3 of the Rules of Court. Navarro filed a petition for certiorari with the CA. According to Navarro, a complaint
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