Determining the real party in interest
ANY REAL PARTY IN INTEREST, GOVERNMENT,
1. Violations of a contract – parties: Acc. To
doctrine of relativity under contracts (
can only bind the parties who entered
into it, and cannot favor third persons
EXCPTN- in a contract stipulation – POUR
AUTRUI (a stipulating benefiting a third
person, he may demand)
2. XX A mere agent, who is not an assignee
to of a principal.
** When an agent acts in his own name for
the benefit of an undisclosed principal, the
agent may sue or be sued in his own name,
WITHOUT joining the principal EXCPTN-
when the thing involved belongs to the
principal.
3. LAWFUL POSSESOR(FORCIBLE ENTRY) –
YES, A PARTY but DAMAGE TO PRO (
REAL OWNER)
4. Action for EJECTMENT- Any of the co-
owners may bring the action
5. PARTNERSHIP – Sued in its name
Rationale: personality separate and
distinct from each of the partners.
6. CRIMINAL CASES – People of the
Philippines, Private offended – CIVIL
ASPECT ONLY
7. CONDOMINIUM OWNERS- Real party
DOCTRINE OF LOCUS STANDI
-A personal and substantial interest in a case
that the party will sustain a direct injury because
of the challenged government act.
Example: QUO WARRANTO – Petitioner must
show a clear right to the contested office. Not a
mere preferential right.
a)Tax payers – claim of illegal disbursement of
public funds
b)Voters- Obvious interest in the validity of the
law in question
c) Concerned Citizens- Issues must show
transcendental importance and settled early
d) Legislators – infringes on their prerogatives
as legislators
Plaintiff in environmental cases
JURIDICAL PERSON AND ENTITIES AUTHORIZED
BY LAW MAY FILE
GROUND FOR DISMISSAL – FAILURE TO STATE
CAUSE OF ACTION
IF NOT A REAL PARTY IN INTEREST – STATES NO
CAUSE OF ACTION
REPRESENTATIVE PARTIES
PROVIDED, BENEFICIARY IS INCLUDED IN THE
TITLE OF THE CASE AND SHALL ALSO BE DEEMED
AS A REAL PARTY IN INTEREST
CITIZEN SUIT
1) ANY FILIPINO CITIZEN
2) IN REPRESENTATION OF OTHERS,
INCLUDING MINORS OR GENERTIONS YET
UNBORN TO ENFORCE RIGHTS OR
OBLIGATIONS UNDER ENVIRONMENTAL
LAWS.
Shall contain a:
a) brief description of the cause of action
b) brief description of the reliefs prayed for
c) order requiring all interested parties to
manifest their interest to intervene within 15
days from notice (may publish in a general
circulation in the newspaper)
Standing of marine mammals
FACTS:
Resident Marine Mammals joined by Ramos and
Eisma-Osorio (as Their guardians to be collectively
known as “The Stewards” – they seek protection of
the mammals)
ISSUE: W/O not Resident Marine Mammals have
locus standi or real parties in interest.
HELD: POUR AUTRUI (a stipulating benefiting a third
person, he may demand)
Any Filipino citizen can bring a suit to enforce
environmental laws through a citizen suits
INDESPENSABLE PARTIES
- a real party in interest without whom
no final determination can be had of an
action Sec. 7, Rule 3
- one whose interest in the subject matter
of the suit and relief are so inextricably
intertwined with the other parties that
his legal presence as a party to the
proceeding is an absolute necessity.
Examples:
1) Breach of contract – the contracting
parties are the indispensable parties
2) Action for partition of property – co
heirs and persons having an interest in
the prop
COMPOLSARY JOINDER OF INDESPENSABLE
PARTIES
-MANDATORY and courts cannot proceed
without their presence.
- If there is failure to implead, the judgement will
have no effectiveness
-The absence renders all subsequent actuations
of the court, NULL AND VOID. Also null and void
for want of jurisdiction
- Remand to trial court for inclusion
**FAILURE NOT A GROUND FOR DISMISSAL
BUT may file a motion to dismiss for “complaint
states no cause of action”
Any stage upon motion of any other party, or on
its own initiative. (Sec.11)
DISMISSED IF IT IS UNHEADED ONLY (Sec.17)
MISJOINDER AND NON-JOINDER OF PARITES
**netiher are grounds for dismissal (just drop or
add by order of the court. ONLY UPON
PLAINTIFFS REFUSAL TO COMPLY( Sec.11)
MISJOINED- A party is impleaded and he should
not have been.
NONJOINDER- He is not joined but he is
supposed to be.
NECESSARY PARTY
-one who is not indispensable but who ought to be
joined as a party to the case if complete relief is to be
accorded as to those already parties, or for a
complete determination or settlement of the claim
subject of the action. (sec. 8)
If a necessary party is NOT joined, final
determination is still possible. But he is joined so
those already parties may obtain a complete relief
DISTINCTIONS
IP- Must be joined
NP-Whenever possible only
IP- Cannot proceed without him, MANDATORY.
NP-NOT MANDATORY AS HIS INTEREST IS
SEPERABLE
CC 1 M CC can go for AA first
AA 500
BB 500
DUTY OF PLEADER
Pleader shall set forth, the name if known and state
why he is omitted.
WHEN COURT MAY ORDER joinder of necessary
party
If the reason given for the non-joinder of the
necessary party is found by the court ot be
unmeritous, it may order the pleader to join the
omitted party if jurisdiction over his person may be
obtained. SEC 9
EFFECT OF FAILURE TO COMPLY WITH COURT
Waiver of the claim against such party SEC 9
EFFECT OF JUSTIFIED NON-INCLUSION
Doesn’t prevent the court prom proceeding in the
action and the judgment shall be without prejudice
to the rights of such necessary party