This case has been cited 1 times or more.
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2006-05-04 |
CALLEJO, SR., J. |
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| On the first issue, the rule is that all actions must be prosecuted and defended by the real parties-in-interest and in the name of the real party-in-interest.[21] The party whose legal right has been invaded or infringed or who sustained an injury is the only one who can maintain the action;[22] or the party who stands to be benefited or injured by the judgment in the suit. He must appear to be the present owner of the right sought to be enforced.[23] An association has the legal personality to represent its members and the outcome of the case will affect their vital interests.[24] Thus, in Executive Secretary v. Court of Appeals,[25] the Court ruled that the modern view is that an association has standing to complain an injury to its members. This view focuses the legal identity of an association with that of its members. An association has standing to file suit for its members despite its lack of direct interest if its members are affected by the action; similarly, an organization has standing to assert the concern of its constituents. | |||||