The venue has therefore been improperly laid as regards the properties in Negros Occidental. With regard to the second, it also appears that the deed of sale which is sought to be annulled was made in favor of Sulpicia Guanzon whereas the deed of donation was made in favor of Joven Salvador Guanzon, and there is nothing from which it may be inferred that the two defendants have a common interest that may be joined in one cause of action. On the contrary, their interest is distinct and separate. They cannot therefore be joined in one cause of action. In the light of the above considerations, it may, therefore, be stated that the motion to dismiss filed by petitioners in so far as the cause of action involving the annulment of the deed of sale covering the properties in Negros Occidental is well taken and should have been sustained by the lower Court.
Petition is granted.
The Complaint in so far as the cause of action affecting petitioners is hereby dismissed, leaving the Complaint valid as regards the other defendants, with costs against respondent Pastora Alvarez Guanzon. Bengzon, Padilla, Montemayor, Reyes, A., Labrador, Concepcion, Reyes, J.B.L., Endencia and Felix, JJ. , concur.